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Home My WebLink About01-06344 ","~" '" ".'~' 0" , " " " , \ "j~" ',' " :" '0, ", .,'...,,",'J i~ ~:IS.::X.~,: X+l{}:+~'.::}:+x::,':~,::}:+~{}:.~{x.x:::':+~::2:~x::,:.~,:::x+x:):+}:::::(c'::::,' '_,::::.:.~i;:::':+:"::::K+~.:::x+~':,':;,X+::K1i:+:ilJi:+;;g;:+;;:11X*K:':+X:;:+;;g;:*lX*al ~ ~ N ~ ~ ~.l': -",' ~ ~.~ ~ ;.s ~ ~.'~ ~ ~ ~-:~ , -",,- ~ ~.~ ~.s ~ i ~i ,h, ~ ~.~ i ,~.l': ~.s * ~ ~ ~.~ S i ~.l': ~~ a ~.~ ;~ M ~.~ ~:~ ~ ~ ~~~ ~ ~ ~.~ ~.; ~ '".", ~ ~."', '-",- ~ f.!! ~.s ~ ~.~ ~ t...; k~ ~ ~.~ ~ k~ ~ ~ J~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF LISA ,i\"C:lJN'NIN(;IlAM~" PENNA. m,u,u,u_ I Ii N O........z.O'~,l.:-:~.3.44................. V 8rSUS Plaintiff ...--,-...---------..----..-,. .:!\},u.~,:!<" (;!J.l'lNlJ1GII1\I>1, .. . ]),~f.el1d,a,ll to. DECREE IN DIVORCE AND NOW,.... .~p.\J .:4-i.........., decreed that.... .:Y+~1)..1)., .i;:Vm!'+~GI.W:l,........................., plaintiff, and. . . . . . . . . . . . . . !'>!l.I!'.!'l. !-<... .C.IJ!'l.N.I!'l.G~." . . . . . . . . . . . . . . . . . . . . . " defendant, 29.0.2.. it is ordered and 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; The attached Property Settlement Agreement is incorporated but not merged .............................................. .........................., ~~.~~~ PA~~~~ .~ll~~~~~~~............ ............ ..... Prothonotary I ;'.s ~ ~.~ ~ ~ ~..< ~ ~ ~'+:~ ~ ~ ".", ~ ~.~ ~.~ ~ ~ i ~.s ~, ~ ~~ !;l ~ ~.s ~ ~.~ ~ ;'.s * ~ ~.~ h; h ~ ~.~ * ~.~ ~ ~ ~ ~ ~.l': ~ ~.l': ~ ~.~ i ~.~ ~ ~.~ ~ \l ~.~ ~ ~ '.' J. ~ '.' ~ '.' ~ ~.~ ~~ ::.::+::.:::,::.::.::<::.::.::. :::-::+::<>::+::...;::::.::+::.', ...::.::.,.. ':.::..::.,::::'.::.::.,..:-:.::.::.:' ~ ~i . . . ~ ~ ",~' ., '~ II- 'I .t?,;L tU.~~ z4 ~ .!JJ. '1w0 ~ z:; cat ~ , .... . ~,~~~~ ,It., )~~'lll~r<ml!'i~'!j~~lfI:f~l1M~'p:!?!llr~'~"I,!",!~ j ~' ~ ~ J:".,'".",''.',..+...~''',~~ . , , 1 -,,' ~' '" ;,,<,," ^'C..,..",i'...J>"., ""<:~" ::,1 ( LISA A. CUNNINGHAM, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 2001-6344 BRIAN K. CUNNINGHAM, Defendant CIVIL ACTION - LAW 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. Grounds for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date of service of the Complaint: Novernber 13,2001, as evidenced by the Affidavit of Acceptance of Service, which is being filed conternporaneously herewith. 3. Date of execution of the Affidavit of Consent required by section 3301 (c) of the Divorce Code: by Lisa A. Cunningham, Plaintiff, on April 15, 2002; by Brian K. Cunningham, Defendant, on April 1 0, 2002. Said Affidavits are being filed contemporaneously herewith. J:.L 'I ,,'~'~-~~;;", ",'~ ':'V'&'l~:j , 4. Related claims pending: The attached Property Settlement Agreement is incorporated but not merged to the Decree in Divorce. 5. Date of execution of Waiver of Notice ofIntent: by Plaintiff on April 15, 2002; by Defendant on April 10, 2002. Said Waivers are being filed conternporaneously herewith. Respectfully submitted, )/ ,- J. ul HelVY'r.Sq' J 'an & Gep rt, LLP 18 Pine Stre. P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 AttorneyI.D.#53148 Dated: April 15, 2002 Attorneys for Plaintiff .~ '"'<:""". ""jJl'l~ , CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within Praecipe to Transmit Record and related documents upon the following by depositing a copy of same in the United States rnail, postage prepaid, addressed as follows: Jeffrey A. Keiter, Esquire 226 West Chocolate Avenue Hershey, P A 17033 ~~. ~ Peggy H~cretary to 1. Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 Dated: April 15, 2002 ,.it"!0l,!'.,: ,",b-'d'" '<i,,,~(,,~,'J,~':<I"",:1J."->J!iil!\l,~~tfilO>,):I!,,!;iIIlmi:,dllLW:ill~~iii~II~~.NH~.~~~I \ '~-... () CJ C) c: P,) ,1 $':. '~ .--', -ore -u rnn-' ^"~'... 7!-::r; N Zc.: 0--' (/~"','- , -<~ .,:-- ~l ~~~ -,',"" -i:i Jp ..,,' C5 en J ...i .,-:- " J:';>- =< ':.t1 <::.. -< ,W,:.l~''f,'-;.",:-F~'io..'l!';<d\'!'''''' "0""'1...,, ""'" 2"''',''','~,',",,''',,''''''?'''~~ ",,,":,.,, ,",,' ~ 0"^"'","'''''_'',,,,~-,,,,^,,~___~~ ~., ._..h..r.' "',7"'. 'C ,_ ~. -', ," ,,~~,", ,L >, ~" ,~." ,.. " - I ,.6. I~ '~ ',l,!... , . ..'~~ 0...' ,..',,;, '-",,' . ''',,,;,;,,,~'~,, "'';;~''':' "'li\ir~;jl .( LISA A. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. (J/- tl,3l/'I ~ BRIAN K. CUNNINGHAM, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage cOUllseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland COUllty Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ~l ,. . .~ ." ;~"',' c'_ ~, ~, "'^'~J " LISA A. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. BRIAN K. CUNNINGHAM, Defendant CIVIL ACTION - LAW IN DIVORCE A VISO Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona o por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notifcacion y por cualquier queja 0 aIivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 propiedad u otros derechos irnportantes para usted. LLEVEESTADEMANDAA UN ABOGADOIMMEDIATAMENTE. SINO TlENE ABOGADO 0 SI NO TlENE EL DINERO SUFICIENTE DE PAGAR TAL SERICIO, VAYA EN PERSONA 0 LLAMA POR TELEFONO A LA OFICINA CUYA DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ;.J ,L..J.., ~~, .,', " ,\ ' ~ ,. , ., : '., ',' ~j",,'I, "'0' '""~" , ';'~:;''iliJ:;:'1 ( LISA A. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0 1- &;,~/-N BRIAN K. CUNNINGHAM, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Lisa A. Cunningham, by and through her counsel, Killian & Gephart, LLP, who represents as follows: 1. Plaintiff, LISA A. CUNNINGHAM, is an adult individual who currently resides at 63 Greenmount Drive, Enola, Cumberland County, Pennsylvania 17025. Her date of birth is November 16, 1970; and her Social Security Number is 192-66-1267. 2. Defendant, BRIAN K. CUNNINGHAM, is an adult individual who currently resides at 63 Greenmount Drive, Enola, Cumberland County, Pennsylvania 17025. His date of birth is July 16, 1970; and his Social Security Number is 168-64- 1494. 3. Plaintiff avers that she has been a bonafide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint L ",,', ^"o,-,,~.<,,~,,;', ;..,; "~""',~,i ( 4. The Plaintiff and Defendant were married on September 23, 1995, in New Cumberland, Pennsylvania. 5. Plaintiff avers that there are two children of the parties under the age of 18, namely: Meghan Elaine Cunningham, date of birth, April 26, 1999; and Lucas Brian Cunningham, date of birth, February 21, 2001. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There have been no other prior actions of divorce or annulment filed by either of the parties hereto. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 9. The rnarriage is irretrievably broken. COUNT ONE -- CLAIM FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY 10. The averments of Paragraphs 1 through 9 are hereby incorporated by reference thereto. 11. The Plaintiff and Defendant are the owners of various items of property acquired during their marriage which are subject to equitable distribution by this Court. 2 . l~ ' ~ .. " ~ ."' ~. "'-'-'=,~i",,,,;; <: WHEREFORE, the Plaintiff requests the Court enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all marital property owned by the parties hereto; c. Granting such further relief as the Court may determine equitable and just. Respectfully submitted, KILLIAN & GEPHART, LLP Dated: November 5, 2001 Attorneys for Plaintiff 3 > ~ "'~ ~~ ''I' '.~..",.i ( VERIFICATION I hereby verify that the staternents of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Dated: 11/05101 C<m (}LNUf)cf~ ~~.~~~~::imil.tSi;m1~;:;mat~"t.!i$Ili;;,,,,,',(';;;';;ii'-e'-4i~!itj , , '. ","'- ~< I" i~ JC-~ " ~ "'- 1~ ~ (). ;J ,1 J ~ .1 ~ ~ ' ~ ~ \S: (A ....., ~ \ '\ \ -- \ ~~ ~ \ t>J~ \ 1 0 )JRJ ~ '\.. t ~~ is> ~ JL'"H~' " () c. C- ..,:;" ;:g~.--;-: ~>: 0/ -' :S--l...- z-l.,~' >:~, '7 :~ :-v "-<: (::.. ~. ~ c:U , _J _c .--) ::~'" c"::; ~~ :0 -< .. 4 "f,...- ~ .~, t.,. 11 AGREEMENT Between 'I - " Brian Keith Cunningham and Lisa A.Cunningham Jeffrey A. Keiter, Esq. Counsel for Brian Keith Cunningham Page 1 of 34 J. Paul Helvy, Esq. Counsel for Lisa A. Cunningham 'i:ki;: ';!l t .~ ~~. !e. ~'" ' ,. 'tih '''~, . II f". ~ . . . ,~ , S ~ AGREEMENT made this ~'\\-day of ~r-\\ 2002, by and between Brian Keith Cunningham ("Husband") and Lisa A. Cunningham ("Wife") . WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on september 23, 1995 in New Cumberland, Pennsylvania. There were two (2) children born of this marriage, Meghan Elaine Cunningham, born April 26, 1999, and Lucas Brian Cunningham, born February 21, 2001. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; the custody, partial and legal custody of the minor children of the parties; and in general, any and all claims and possible claims by one against the other or against their respective estates. Page 2 of 34 t1: . "'<-'''"''~to.~.!.'i.~"~', ~ ,1 '..' , < " , \ NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no- fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended. 2. EFFECT OF DIVORCE DECREE; FINAL DECREE OF DIVORCE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. On or before the date of execution hereof, Page 3 of 34 ."" ~ ". A ~'\kY ~'liIf!\\tl . .. t . ~ . . " " " . '\ Husband and Wife shall each execute an Affidavit of Consent, consenting to a divorce under Section 3301 (c) of the Divorce Code, and a Waiver of Notice of Intention to Request Final Decree of Divorce, and deliver the same to Wife's counsel for filing in connection with obtaining a final decree of absolute divorce between the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement shall be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual na.ture in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the pa.rties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Page 4 of 34 ~-'''' il, "i "I' ( Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE Except as otherwise expressly set forth herein, the date of execution of this Agreement shall be the same as the date of distribution of particular assets divided, distributed, assigned and/or allocated hereunder. 6. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, J. Paul Helvy, Esquire, for Wife, and Jeffrey A. Keiter, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. Page 5 of 34 t ~, " ~, i'~..!.l'""'" .' ". .'- " " , 'I'. 7 . PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 8 . PERSONAL PROPERTY Except as otherwise provided and specifically set forth herein, Husband hereby assigns, conveys and transfers to Wife all of his right, title and interest in and to any and all furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and any other items of tangible personal property of whatever nature which are presently located or situated in the residence at 1606 Chatham Road, Camp Hill, Cumberland County, Pennsylvania. The aforesaid items shall constitute the sole and exclusive property of Wife. Except as otherwise provided and specifically set forth herein, Wife hereby assigns, conveys and transfers to Husband all Page 6 of 34 ~ - "'_'iL:'i~ , .' ")' '.... " "'. of her right, title and interest in and to any and all furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and any other items of tangible personal property of whatever nature which are presently located or situated in the residence at 872 School House Lane, Lewisbury, York County, Pennsylvania 17339. The aforesaid items shall constitute the sole and exclusive property of Husband. Irrespective and in addition to the foregoing, the parties agree that Husband shall sell the Kenmore refrigerator that belongs to the parties and the net proceeds of sale shall be divided equally between the parties. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items hereby assigned to the other, which shall hereafter be the sole and exclusive property of the other. 9. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The following described motor vehicles (i. e., automobiles, trucks, motorcycles, etc.) shall hereafter be the sole and exclusive property of Wife, subject to any liens and encumbrances: Page 7 of 34 iW ~ ~, '~h~ , " ',.' , , " I' , "t. Vehicle VIN Estimated Market Value 1. 1994 Jeep 1J4FJ68S9RL205547 $3,970 (trade in) Cherokee Sport B. The following described motor vehicles (i.e., automobiles, trucks, motorcycles, etc.) shall hereafter be the sole and exclusive property of Husband, subject to any liens and encumbrances: Vehicle VIN Estimated Market Value 1. 1996 Dodge 187GG23Y2TS600129 $6,105 (trade in) Dakota pickup C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Certificates of Title and Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on distribution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien Page 8 of 34 ~ ~ -'-, m~ ' ""_ =, <,. ,." ',~j , '1\ . " 'I'. I or encumbrance upon any of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the vehicle's document(s) of title are in the hands of such bank and/or lienholder. 10. BANK ACCOUNTS The parties hereby agree that substantially all of the funds heretofore contained in the parties' BELCO bank account as of the date of separation were, by mutual agreement, utilized to pay certain joint obligations of the parties owed to the issuer of the joint BELCO Visa credit card and the joint obligation relating to the purchase of furniture and furnishings from Goods Furniture. The remaining balance, if any, on hand after payment of such obligations shall hereafter be the sole and exclusive property of Husband, and wife hereby waives any and all right or claim therein. The parties hereby agree that all of the funds contained in Wife's account(s) at PSECU shall hereafter be the sole and exclusive property of Wife, and Husband hereby waives any and all right or claim therein. The parties have heretofore divided and distributed between them, to their mutual satisfaction, all other balances deposited in Page 9 of 34 ~ - "',I ,~ , , " " " t 'll. < " any joint and separate bank accounts heretofore held by the parties. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 11. WAIVER OF PENSION OR RETIREMENT BENEFITS Husband and Wife each acknowledge and confirm that they have acquired certain pension, retirement and/or retirement savings benefits during the period they have been married to each other, all of which benefits may be - and probably would be - deemed "marital property", in whole or in part, and, therefore, subject to equitable distribution or division in a divorce action. Despite the fact that a portion of such benefits may have accrued since or during the marriage of Husband and Wife and are or could be determined to be marital property, and except as otherwise specifically provided and set forth herein, Husband and Wife hereby specifically release, relinquish and waive any and all interest, claim or right that he or she may have in and to any and all retirement benefits (including without specification any qualified defined benefit or defined contribution pension plans, profit sharing or 401(k) plan benefits) or other similar benefits of the other party, including, specifically, the marital portion of such benefits, as well as all benefits which, by law, would not be Page 10 of 34 -'-',' ~. " ''';'~ ~ ~c Y!IO!O () ~, "-'''4~,i~'~il ,"(, ' .' " "'. considered to be "marital" property, as defined by law. The parties further acknowledge and agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this Paragraph. Specifically, Wife releases, relinquishes and waives any and all interest, claim or right that she may have in Husband's Verizon Savings and Security Plan, which had a value, as determined by the plan administrator, of $~:' as of ()ec.fT4.~ '3J.;jz)~ . &rG Attached hereto, marked Exhibit "l! is a true and correct copy of ~ji4o~ the Quarterly Statement for the last quarter of 2001. In addition, Wife releases, relinquishes and waives any and all interest, claim or right that she may have in Husband's Verizon or Bell Atlantic Retirement and Savings plan, a cash balance defined benefit plan in which Husband participates through his employer, Verizon, including, but not limited to, Husband's entitlement to any corporate profit-sharing award (CPS). Attached hereto, marked Exhibit ,,~ and made a part hereof is a true and correct copy of the Quarterly Statement of Accounts for the quarter ending D~c. '0 '. :;).OC!> I For purposes of this Agreement, all such accounts and plans benefitting Husband shall be referred to collectively as "Husband's Pension Benefits". Wife is aware of her right to be independently advised of (and Page 11 of 34 $ , j ~xw.....,,~ >~ ~.,,~ 'I) , ,. '. "'. has freely waived such right) and is fully cognizant of her right to a full and fair disclosure by Husband and/or calculation, by an independent expert, of the estimated "present value" , or other value, of the "marital" portion of Husband's Pension Benefits. Wife confirms that she is knowingly and intelligently waiving her right to such disclosures and calculations. wife further confirms that in executing this Agreement - and by signing below, where indicated in the absence of such a disclosure and/or calculation, she forever waives any future right to set aside this Agreement, or specifically this paragraph 11, based upon the absence of such a disclosure or calculation. wife Specifically, Husband releases, relinquishes and waives any and all interest, claim or right that she may have in Wife's State Employees' Retirement System (SERS) account. Attached hereto, marked Exhibit ,~, is a true and correct copy of the ~-~-O\ Statement of Account issued by the SERS, including present value calculations made by SERS, which calculations mayor may not be reflective of the present value of the marital portion of Wife's SERS pension plan as of the date of this Agreement. For purposes of this Agreement, all such accounts and plans Page 12 of 34 ~ , j " ,r ~~ ~ ~~~, lli~;: I r,' r- '. ',\. benefitting Husband shall be referred to collectively as "Wife's Pension Benefits". Husband is aware of his right to be independently advised of (and has freely waived such right) and is fully cognizant of his right to a full and fair disclosure by Wife and/or calculation, by an independent expert, such as an actuary, of the estimated "present value" , or other value, of the "marital" portion of wife's Pension Benefits. Husband confirms that he is knowingly and intelligently waiving his right to such disclosures and calculations. Husband further confirms that in executing this Agreement - and by signing below, where indicated - in the absence of such a disclosure and/or calculation, he forever waives any future right to set aside this Agreement, or specifically this paragraph 11, based upon the absence of such a disclosure or calculation. Husband 12. TRANSFER OF INTEREST IN REAL ESTATE Husband and Wife were the joint owners of the marital residence situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, which the parties, by mutual agreement, Page 13 of 34 ~ ~'I ""'....;,,;\\i.i.;.~;,j 'I 'J' " have sold privately. The net proceeds from the sale of the residence is $ 17,606.13, which sum is being held by Wife pending the execution of this Agreement. On the date of execution hereof, the net proceeds shall be divided equally between the parties. Each party shall be responsible for any tax on the capital gains, if any, realized upon the share of the proceeds from sale of the property passing to him or her hereunder, provided that either party may rely on an exclusion or exemption of such gain provided under applicable federal or state law. 13. LIFE INSURANCE Each party specifically releases and waives any and all interest, claim or right that he or she may have in and to any incidents of ownership in and/or benefits of or from any policies or plans of life insurance insuring the life of such party. Wife acknowledges and confirms that Husband is the owner/participant and named insured of a certain whole life and decreasing term policy of life insurance, issued by Modern Woodmen of America on his life, with current death benefit of $100,900.00, as well as a group term insurance death benefit equal to approximately one (1) times his annual salary. Attached hereto, marked Exhibit "()" and made a part hereof is a copy of an Annual Report, prepared ~o II. a o. do doJ , describing life - tee If !tolt> ~ insurance benefits now available to Husband, together with Page 14 of 34 ~~ ~. , , b.~j! 'j <,' ',I, estimated cash surrender values for the whole life component of such policy. Husband acknowledges and confirm that Wife is the owner of a whole life policy of insurance on her life, issued by Modern Woodman of America, which policy has substantially the same term and conditions and death benefits as Husband's policy described above. Husband waives, relinquishes and release to Wife all rights and claims to any and all incidents of ownership in and benefits from said policy. 14. DEFERRED COMPENSATION PROGRAM On the distribution date, Husband shall assign and transfer to Wife all of his right, title and interest in a certain Deferred Compensation Program available to Wife through her employment by the Commonwealth of Pennsylvania, and administered through Citistreet, account number 01111142 (herein called the "Deferred Compensation Program(DEF)"). The approximate value of said DEF, as of June 30, 2001, as reported by the DEF, is believed to be the amount set forth on the attached statement of account, issued by Citistreet, dated ~ - '1\:)-01 , a true and correct copy of which is attached hereto, marked Exhibit "1::" and made a part of this Agreement. By these presents, Husband hereby specifically waives, releases, renounces and forever abandons any claims which he may Page 15 of 34 i', ~" ,~ ~,I ,~ I. ~ ~ll1!~iI';jiV' " I, I have with respect to the DEF, which account shall hereafter be the sole and exclusive property of the Wife. 15. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed by the parties in this Agreement. Neither party intends by the execution hereof to release any claim which he or she may have in assets which have not been disclosed in a writing made part of this Agreement. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. Page 16 of 34 \] ....L~........J~,~ "..l "~"''"''''~i;;'j " EO' The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 16. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 17. TAX CONSEQUENCES It is the understanding of the parties that the property transfers described in this Agreement are within the provisions of Section 1041 of the Internal Revenue Code and will not result in the recognition of any gain or loss upon the transfer. It is understood by the parties that the transfer of property subject Page 17 of 34 f "~ - "' ,....,.,,, - =i ,,~ ,,~, ~l;:ii . . . " to Section 1041 of the Internal Revenue Code will require that the transferee take the property with the tax basis equal to the tax basis that the property had in the hands of the transferor. 18. RELEASE OF SUPPORT AND ALIMONY-ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It Page 18 of 34 ~ ~ . , , " shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 19. HEALTH INSURANCE AND MEDICAL EXPENSES-COBRA Upon the entry of a final decree of divorce, Wife and Husband shall cooperate fully in allowing the other to continue, if he or she wishes and is able, their current medical insurance coverage under the Comprehensive Omnibus Budget Reconciliation Act (COBRA) of 1986 and shall execute all documents and deliver to the other all notices relevant thereto. The participant in the relevant group plan hereby agrees to allow the non- participant party to communicate directly, without limitation, with the relevant medical insurance carrier, and the participant hereby waives any objections to the non-participant, in good faith, processing claims or communicating with said insurance carrier. Said entitlement to communication with the medical insurance carrier shall include, but not be limited to, direct submission of bills by the nonparticipant to the carrier, direct reimbursement by the carrier to the non-participant and direct delivery to the non-participant from the carrier of all relevant cards, information and brochures. 20. HEALTH INSURANCE-HUSBAND AND CHILDREN Husband and wife shall continue to provide the current - or Page 19 of 34 " .~-, ~- ~"""<>>l,-,:O"'~Ji . , substantially similar - health insurance coverage for the other, and the parties' children, as dependents, through his or her employment (or subsequent place of employment), to the extent such coverage remains available to such party as an employee, until the entry of a divorce decree. In addition, each party shall continue to provide such health insurance coverage to the children of the parties until the children are no longer deemed dependents entitled to such coverage, provided that any order for child support lawfully entered may change and supersede any provision made hereunder for health insurance coverage for children who may be entitled to be supported under applicable law. 21. COUNSEL FEES AND EXPENSES Each party hereby agrees to be solely responsible for her or his own counsel fees, costs and expenses and that neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 22. EXISTING AND FUTURE PERSONAL OBLIGATIONS The parties hereby agree that all existing personal liabilities, debts and obligations of every description which have been incurred by either of them shall be paid in a timely fashion by the party who is assigned responsibility for the said liability by the provisions of this Agreement. Husband and Wife Page 20 of 34 jj , ~ "' .....~, , '" 'b(.li:i.~li . , " . each hereby indemnify the other and guarantee to hold each other harmless for any and all payments, charges or penalties due on account of any liability which is made the sole responsibility of Husband or Wife by the provisions of this Agreement. Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts shall be terminated immediately, and that no charges shall be incurred by either party against any joint account from the date of execution hereof. Page 21 of 34 . -- "'~'1L1;ilhi&i , , " . 23. JOINT INCOME TlUli RETURNS The parties intehd to file joint federal and state income tax returns for 2001. Each party shall contribute to the joint tax liability in accordance with the ratio that his or her individual taxable income bears to the sum of the individual taxable incomes of both spouses. For the purposes of the foregoing, each spouse's individual taxable income shall be determined on the assumption that each spouse is entitled to one- half of the total dependency exemptions and one-half of the non- business (personal) deductions. In the event that either spouse has, through the payment of estimated taxes or employer withholding, contributed more than her or his allocable share as determined in accordance with the above, the spouse who has overpaid shall be entitled to reimbursement from the other spouse. Refunds shall also be allocated in accordance with the above ratio, provided however that if a refund for a preceding taxable year is created because of any item that may be carried back, the refund (or the relevant portion thereof) shall be shared in accordance with the ratio of individual taxable income in the preceding year to which the carried-back item was taken. The parties acknowledge that neither has any personal knowledge concerning the income of the other. Any penalties or Page 22 of 34 . ._- 0- ".J I' ,_ '"""-'Ii!~'i , , additional tax incurred as the result of non-personal deductions being disallowed or the failure to accurately report income shall be the sole responsibility of the person wrongfully claiming the deduction or inaccurately reporting the income. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any joint tax returns, any claim for refunds and defense of any tax audit. Any federal or state tax refunds for the calendar year 200l shall be shared equally between the parties. 24. JOINT INCOME TAX INDEMNIFICATION Husband agrees that he will be solely responsible and hold Wife harmless for any and all contingent liabilities on joint income tax returns previously filed by the parties and will agree to pay any claim or expenses arising out of such returns or liabilities (including reasonable counsel fees, tax, interest and penalties), unless additional liabilities are found to be attributable to misrepresentations or failures to disclose the nature and extent of Wife's income or deductions as may appear on said previous tax returns. 25. RECORDS PERTAINING TO BASIS Each party agrees to supply the other with all records in his or her possession pertaining to the cost basis, adjusted basis, holding period and potential tax recapture liability of Page 23 of 34 , "'~~ " ~ ~Mk; . , , " " . any asset which such party has transferred to the other pursuant to this Agreement. 26. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or Page 24 of 34 '''.:i . , , " by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. Page 25 of 34 m ~_c__..L . .' ~.... -~~ I,"_~,"~,,,,,-,,~,; , , " ) (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations <,! ; . of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 27. FINANCIAL DISCLOSURE Incorporated into this Agreement are the financial disclosures of the parties with respect to assets, liabilities and income. Except as otherwise set forth herein, each party confirms that he or she is relying upon the substantial accuracy of the financial disclosure as an inducement to the execution of this Agreement. No representations or warranties have been made by either party to the other, or by anyone else, as to financial status of the other, except as expressly set forth in this Agreement, including any Exhibits or schedules attached hereto. 28. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 29. LAW OF PENNSYLVANIA APPLICABLE Page 26 of 34 l ~~ e "' ~ . ~ ' , ";''';';'~ik-[,~! . . This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 30. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 31. INTEGRATION 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. 32. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 33. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict Page 27 of 34 ,~ ~ ,'<< , . performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 34. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause 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 this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 35. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to 872 Page 28 of 34 ~..l :""'~\"! ~~ ,', u ,~, ajt~w~: . I , t School House Lane, Lewisbury, Pennsylvania 17339, York County, Pennsylvania, and Jeffrey A. Keiter, J.D., Esquire, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to wife shall be sent by certified mail, return receipt requested, to 1606 Chatham Road, Camp Hill, Cumberland County, Pennsylvania and to J. Paul Helvy, Esquire, or such address hereinafter provided, in writing, to Husband by wife. 36. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 37. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and wife agree that this Agreement was prepared jointly by their respective attorneys. 38. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Page 29 of 34 ~~~ - - .~" - ~ ~"~ 'J """'!'-" "'';',(j , , Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or is dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 39. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Page 30 of 34 - "'~,ru\;1li1Md 'I J I 40. CONFIDENTIALITY This Agreement and the documents produced in the process of negotiating the provisions hereof ("documents") shall not be filed with any public official or otherwise placed on public record, except as may be necessary and required in connection with a divorce proceeding or in order to enforce any of the terms hereof. The parties shall cooperate in an effort to seal the record in any divorce proceeding as it may relate to this Agreement or the documents. The parties further agree that, subject to required disclosure by subpoena, deposition or other order of a court or governmental agency, neither party shall disclose the terms of this Agreement or the documents as aforesaid or the contents of the attached Schedules, and each shall instruct his or her counsel and other experts to maintain this confidentiality. In the event of any subpoena, deposition or other order requiring disclosure of this Agreement or the documents as aforesaid, the party receiving such subpoena, deposition notice, or other order as aforesaid will notify the other and allow the other to defend against such disclosure at the defending party's own costs. The foregoing prohibition of disclosure shall not apply to disclosure to any proposed spouse of either party in connection with representations being made in Page 31 of 34 l'."i -' --~,~~ , . a premarital agreement between a party hereto and such proposed new spouse. 41. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 42. !NCORPORATION All the statements and paragraphs set forth in the preceding WHEREAS clauses to this Agreement are incorporated herein by reference, and are made a part hereof with the same force and effect as if restated in full. However, to the extent inconsistent, the provisions of this Agreement shall prevail over any inconsistent provisions contained in the WHEREAS clauses to this Agreement. 587 ACKNOWLEDGMENT OF SOCIAL SECURITY NUMBERS Husband hereby warrants that his Social Security Number is 168-64-1494. Wife hereby warrants that her Social Security Number is 192-66-1267. Page 32 of 34 1 . . . , 43. READING OF AGREEMENT , ,~ . ~=~ - "'~J~1 Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. !2:(~ngham (SEAL) (){@ <A ~hYi"ALI Lisa A. Cunning a Page 33 of 34 $" ~,... ._"~ .J ,'",,,..l ';';'. ..,,' ""'~;,;i , , . ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF OA...Jt~,.. ({) ss: On Ptfh.L , 2002, before me, Not.."" P"~ L c. the undersigned officer, personally appeared Brian Keith Cunningham known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and he acknowledged that he executed the instrument for the purposes stated in the instrument. In witness whereof, I set my hand and official seal. Notarial Seal Mary E oollins. NOhlal I'J.cPtJb\\CountY ;.p.oaupn """" Oerryl '!Ion' Expires oec. 29. ..""" My Cororo SSI ~ L~ [signature ~tary Public COMMONWEALTH OF PENNSYLVANIA . ss: COUNTY OF 'Dc...0~'r-.\ '" On ~\\ \S , 2002, before me, 0-- ~C\<>7 ~'1'o\\'C the undersigned officer, personally appeared Lisa A. Cunningham known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and she acknowledged that she executed the instrument for the purposes stated in the instrument. In witness whereof, I set my hand and official seal. ~. ';( ~d'signature Notar pu~ Notarial Seal Rhonda L. Lang, Notary Public Harrisburg, Dauphin County My Commission pires Aug. 9, 2004 ~ - - \ " ~ 1 '1 ",fb~.>;'? ": '':',,'f'hi~x,::: " , ---~~~ "'-",'," ~ .. .,..:;.::;,~~.i "..;;",:,_....,:.,~,~;, ...;...:.._"......~~.""''''''''".;...,',' VERIZON MID-ATLANTIC';I, ":;C;:;.e~m'Retirement SavingsStatement ," :.~-~-""cf:"Wli:<".,,:,,:,;tS:;'$rltSff.b'''~~./ .. ,',. ',;"". ,,~~,:,'~,:('.1":~..,$;""'., . . . December 20,2001 . December 31, 2001 '.' , \ "",,, . ~,,;PRJ:i'!L~ecurity Nu!"be!:.,l~8~64-1494 '.;">~:. ....,"'~;...,_., ~,~""::~Jl'1~~~.:;..~~~"~~:"}~~~,r~'."':.,, ',:~ .1'3',: . ..__; ...., ,;, EW#MG016311 :': ~':: ,MG90274A :':','" ,,1 t' .;' '...,:' BRIAN CUNNINGHAM 63 GREEN MONT DRIVE ENOLA, PA 17025-0000 '......,., '-'" ~ ,'J'.;. . 13' Customer Service Number: 1-888-457:9333 '.' Internet Address: www.401k.com '. Representatives are available 8:30 AM to Midnight. , " , . o ~.o_ ,'; ,...:,. ,';'" Your Account Summary Your Asset Allocation Beginning Balance Balance Forward Change in Account Value Dividends Ending Balance Additional Information . Vested Balance $0.00 47,455.06 -265.26 2.03 $47,191.83 . Stocks 42% . Bonds 51% o Short-term 7% $47,191.83 Your Personal Rate of Return This Period -0.6% Year to Date -0.6% Your Personal Rate of Return is calculated wilh a time.weighted formula, widely used by financiaJ analysts to calculate investment earnings. It reflects the results of your investment selections as well as any activity in the pfan account(s} shown. TflQre are other Personal Rate of Return formulas used that may yield different results. Remember that past performance is no guarantee of future results. Your investments are currently allocated among the displayed asset classes. Percentages and totals may not be exact due to rounding. Your Account Information General Information Participant Status Contribution Elections Pre- Tax Matched After-Tax Matched Active 6% 0% Pre-Tax Unmatched After-Tax Unmatched 10% 0% EXHIBIT . " :! i 1 ,0- I 1686414941 Page 1 of 4 i , Please read this statement carefully. Any errors must be reported to Fidelity Investments within 30 dayS. 16311 MG016311 0001 20020220 MG4K VERIZON MID-ATLANTIC , , , , Stateme!'ll Period: t2l20/200;1 to '1213.112001 -Social Security Number: 168~64-1494, ". ", ,',;,' Your Current Inv8stmentElections02l20/2002 ..' ~:r":, This section displays lIle ~~. ~~~~, liI"8,~lrrt~t ~~,~~M"~s~. ,l!1~t dale lIle stal8men! was printed, . ""':,, Befon;..Tiiic"T;"'-~'Befo"Tax .... After-Tax . Matched,,:' Unmatch6d Ma,,<hed = ~:" .:.?c:",~, . 2m,."..., " 20%' <", '20% . 2Cl%);, .' .'. '. 200/0 20% 100% ...... 100% 100% .,,' ',"1"' , Investment Active US Small Cap Conservative Inst Govt Money Mkl Verizon Co Stk Fund Total Investment Active US Small Cap Conservative Inst Govt Money Mkt Verizon Co Stk Fund Total Rollover 20% 40% 20% 20% 100% NTD Profit Sharina 20% 40% 200/0 20% 100% Investment Active US Small Cap Conservative Inst Govt Money Mkt Verizon Co Stk Fund Total PrIor Co Contributions 20% 40% 20% 20% 100% H Profit Sharlna (atol 20% 40% 20% 20% 100% . Career Level Contribution 20% 40% 20% 200/0 100% Your Account Activity . ." Use this section as a summa/Y of transactionslllat occurred in your account during lIle stalament period. Activitv Beginning Balance Balance Forward Change in Account ValulI Dividends Ending Balance Active US Small CaD $0.00 742.83 23.03 0.00 $765.86 Activitv Beginning Balance Balance Forward Change in Account ValulI Dividends Ending Balance Total $0.00 47,455.06 -265.26 2.03 $47,191.83 Conservative $0.00 24,221.60 38.74 0.00 $24,260.34 ~ Inst Govt Monev Mkt $0.00 3,030.93 0.00 2.03 $3,032.96 Market Value of Your Account This section displays the value of your account for lIle period. in both shares and dollars. Investment Shares on 12/19/2001 StOcklnvelltmentS ",:,.... "ActiveUS Small Cap" Verizon Co Stk Fund Verizon Lesop Port d.....',........,..... ',...,.. ":??..'i.,.,.....'..'.'6.66&-" 0.000 0.000 Shares on Price on Price on 1/2001 12/1912001 12/31/200 ::;,;::;;:i",::;};:;,;'::::,.,;';.:..,',..,. B<illcfinVllsm.!!!Us. ,i:..' ....... Conservative 74.283 596.003 1,119.393 ..",...,............... :';',::.:,:,,'::.:,:"::,:':,:::':::.:::::,:. ..........$10.00 $13.92 $10.00 . After. Tax unma1!ot 40% 200/0 20% ,100% JP MtNgan Profit SharllIlI 20% 400/. 200/. 200/. 100% Verlzon Co Stk Fund $0.00 8,265.77 -t36,73 0.00 $8,129.04 Market Value on 12/19/2001 ." ..............::.X$O,OO 0.00 0,00 0.00 Prior LesOD (CDnteD 200/0 400/0 ..20~ ,200/0 1* ;",'} CCR PensIon AlloostJon 20% 40% 20% 20% 100% <. Verizon LasOD Port $0.00 11,193.93 -190.30 0.00 $11,003.63 Market Value on 12/31/2001 :i$19Jl!l$;$~ 765.86 8,129.04 11,003.63 .. ... ....... . i"". ......... .....' .... ........ .. '.' ... ',' '... ...... ..'..... '... .."., ..ii.: ...... . '.i.. ........$O.OO...~, .:,. '.' ,$24,26(1;;34 0.000 . "';.351.640 $17.91 $17.94 0.00 4 4 16311 MG016311 0001 20020220 MG4K 168641494 Page 2014 ~" i - Statement Period: 12/2012001 to 12/31/2001 Social Security Number: 168-64-1494 . Market Value ot Your Account (continued) . j ve tment Shares on 1 1 1/2001 Shares on Price on Price on 12/3112001 12/1912001 2/31 001 Market Value on 12/19 00 Marlcet Value 1 001 s.mm:r.tmJliil.~",@,tmi-i .... Inst Govt Money Mkt ..,.,..,'......,.. ',...,.,...,.".,.,..,.... ...,....."..,...... :.:':.::.::.:':':.:':(:::~':: 0.000 .....'3;032:960 "'$i'.Oil ....tng~{~36UM' ....;'m::i,:i;~~:!ii;:;m;;m:i1;~:t~~: : ;:::;:;{f::;:>~:::i)iI ':' 7/ ~S[ ";:' ". Remember that a dividend payment to lund .hareholder. recluce. the share prtce of th. fund. .0 a decrease in !he share price for the statement period doe. not nece..arily refleellower fund performance. Fund Performance A summary of investment performance for all funds available in the plan. Funds you own are marked with an asterisk. Cumulative % 3 Month YTD Annual Total Return ~ Average Annual Total Return" as of 12/31/2001 Inception 2000 1999 1998 1 Year 3 Vea 5 Yea' 10 Vear U Dat. SiockS:'./:'."."'..."""'."""","""""""':'" "'Aciiv.USSmOliCllp(2359i)' . V.rtzon Co Stk Fund (96643)' V.rizon Lesop Port (10045)' V.rizon L..op Port (96636) ...."...... ...,..,....., ..., ,..,.... ",....,.,....'".. ..,.......,.'.".'.,"',.,.,."......, ...........24:30'... '1.98 -11.51 -2.55 ....,......".... ....".........".. .,.",..,.,',.,',"'.. .....:nO -10.98 .".".,..,..",'",.". ........,',........ 3:i:6i 7,46 ............... . ",",',.... "..... ..............,..'. ""'"{96''' 32.95 .,.,.., ',.,".'"",.,..,. ..............-.,... :':::'::';':':::;;::::::,:: iris 10,70 ,.....,..NJ.r". NIA 14. i41213oi;~94 13.14 12130/1994 ....... i:98io.:lO -2.55 .1.69 ., " ., .. ., .. ., .-11.75 -2.79 -11.18 7.85 33,36 -2.79 -1.01 11.21 NfA 13.51 1213011994 Bon.:'" '........iI.: ........ ..... . ....COii..rvaiiV.(98847)' ........,.......... :.:.... .........'................... ".'''...''....'....T'iiJi..........7..j.S :"::::";':':';.:':,;,:;::' '6:8'8''' ,., S:77' ... :g:7if" ....j:ig:....:::i,~6W:;~i~~ ". ':.:.:.:';':';',;'::::'::'.,.,. ,.. ,)Hff$~~m :::';::::~:4~ :~.,..:o:;'W~:~h9'92 stio;,..te;iff~': :::'.. =:: ;,.':'; :,:::::: :': :':';; ::;::. .:: ::::..:: :,. :: :::: . ::::.,. 'IriOt GovtMon.yMkti9496i)' 7-Day Yield: NfA + Past performance i. no guarantee of future r..ults. Total return. are hi.toricel and includ.th. chang. in share valu. and reinv..tment of divid.nds and capital 9ain distribution., " arry. Cumulativ. retum. ar. reported as olth. pertod. .hown. Ufo of fund figure. ar.!rom commencement date to th. pertod .hown. Du. to regulatory requir.ments th. av.rage annual total r.tum. are r.ported as of th. mo.t recent calendar quarter lor th. period. .hown and are calculated u.ing a .landard Iormula. Th. figur.. do not includ. th. .ffect of .aI.. charg.., if any. asth... charg.. are waiv.d for contribution. made through your company'. employ.. b.nefit plan. II sal.. charg.. w.r. included. r.tum. would have been low.r. Each fund'. .har. price (.xc.pt mon.y mark.tfund.), yi.ld, and r.tum will vary. and you may have a gain or 10.. wh.n you ..11 your share., Non-Fid.lity mutual funds are maneged by non-Fidelity .ntiti... PI.ase con.ult the pro.peelu. lor more information, If applicable. cia.. of .hare. may vary. PI.ase con.ult your plan documentation for th. .pecific cia.. of share. availabl.through your plan, P.rfonnance information for non-Fid.lity mutual fund. was provided by a third-party. Although data I. carefully verified. accuracy and completeness cannot be guaranteed, For more compl.te information about any of the mutual fund. availabl. through th. Plan. including fe.. and .xp.n.... call Of write Fidelity for !ree pro.pectu.... R.ed th.m car.fully belore you make your inv..tment choice.. Fid.lity Inv..tm.nts In.titutional Servic.. Company, Inc. 82 Devon.hire Stre.t. Boston. MA 02109 2i 53420.oot .. Fund Performance was not available at time of statement printing. ........... .., ......... ~." ','.." ' 0,63418637" 4,91' 5.29 .,.,.,.,.....,.",........,.,..,., "..,..",. .. .....';.,. .......... ..,. '.~. ".' ," ::;:::::~:::::::;:':'::;.:::'?:::':::.:'::;,; ....4.'18 "iU5S.'23NtA' '4.'s7i2Js1i1992 A Message From Verizon This statement reflects your balance brought forward from the Verizon Savings and Security Plan for Mid-Atlantic Associates a. of Decemb.r 20. 2001 as well as all activity from December 20 through Decemb.r 31. 2001. The "Balance Forward" figure as of December 20th should match the closing balance reflected on the savings plan statement you received from your prior recordkeeper. You can access your account online by logging on at WWW.401k.com.lfyouhaveanyqu.stions. please call the Verizon Savings Plan Service Center at 888-457-9333. Representatives are available from 8:30 a.m. to midnight ET each business day. . , . The interest nite on general pUrPoseicians initiat~d during the first quarter of 2002 will be 4.75% and primary residence loans will be 5 75"'"" '.,' . :' . , . -'0. '" ' , -.',.,' ~' , . , /! 16311 MG016311 0001 20020220 MG4K "'.168641494 Page 3 of 4 (10" ",'.'"...',,,,">,.r,,(>,,"',,,,. ...,;,v VERIZON MID-ATLANTIC , , , , Your Statement Glossary . Statement Period: t2l20/209; to-'Y3;/~iit"'~~',v'\l:~ , Social Security Number: 168-64-1494 " ,..,~:'" ,. ',i\ Average Annual Total Return T1iIs Is the hypothelical rate of return, that If the Investment option achieVed It over a YM.-s Ume would produce the same cumulative total Jetum II tha investment option performed oonsIstenUy over the enUre period. A totalJetum Is exPressed In a percenlage and tells you how much the Investment has earned or lost over Ume, assuming that all dlyIdends and capital gains are reinvested. Challge In Marlcet Value . .' '. . .. . The change In value Jeftects the f1uclUaUo.ns In Ihe prfce per share of Ihelnvestment opUonbeceuse of changes in !heir underfying Investments (stocks, bonds or short tenn .nveslments). In Ihe Account SUmmary saction of your statemen~ Ihis number Is the tollil of all cha,nges In ell of your investments due to Ihe... types of ftuctuations.. . '.. . Cumulative Total Return This number tells you an investmenrs actual performance for a cartaln period of time. A total return Is elCpfllssed In a percenlage and tells you how much money you have earned or lost on an Investment over Ume, assuming that all dividends and capital gains are reinvested. Dividends In the Investment options of your plan, inclUding mutual funds and company stock (if applicable), dividends are money pald to shareholders that comes from Ihe Inveslment income Ihat the fund has eamed. Depending on Ihe Nles of your plan, dividends on company stock may be reinvested into your retirement account or paid to you In cesh. Market Value . '. . Market Value Is Ihe dollar value of the investments in your account Vou can calculate your market value by' using Ihe following forniula: Market vatue "" Number of shares or units in your account x Price per share or unit of the fund. Shares Shares are your units of ownership of investments in your account Share Price . The value of one share of each investment in your account is called share price. 1\ is determined by taking the total value of the whole investment option on a given day and dividing it by Ihe number of shares outstanding. Units Vour interest In your company stock fund is expressed In units not shares. The value of each unit is determined by dividing Ihe market value of assets hald by the fund, including shares and the short term investments. by the number of units outstanding, Unitiza1lon is a melhod that combines common stock with short term investments. The shqrt lerm investment portion of Ihefund enables stock fund tradlng every business day, similar to mutual funds, ralher than the typlcallhree day setuementperiod which occurs when stock is traded on Ihe open market Unitization does not affect Ihe' initial market value of your ownership In company stock, only the manner in which it is expressed. Vesting Vesting reters to your level of ownership in company contributions and any associated;'earnings. When the company contributes money to your accoun~ il resides in your accoun~ under your name. This money becomes fully yours onee you have satisfied Ihe vesting requirements of your plan, Vou are always entiUed to 1000/. of your contributions and any associatedeamings, Some special information about other sections in your account statement Market indices A market in'dex pan measure the general trends in the pertormance of particular rnal1<<!l segments. Vou can use the appropriate market index to compare Ihe performance (Average Annual Retum) of Ihe options in which you're invested. . Standard and Poor's 500 The S&PSOO incorporates a broad base of 500 stocks. including industrial. utility, and financial companies, Some 01 fts stocks have a greater influence on Ihe direction of the market. The sap 500 calculation lakes this into account by giving greater weight to these stocks. The companieslhat make up Ihe sap 500 are traded on the New Vork and American Stock Exchanges, as wen as Ihe Over- The.counter Exchange. . Lehman Bros. Aggregate Bond Index This measures Ihe total retum of over 6.000 high-quality bond issues. inclUding government, corporate, and mortgage sectors. Bonds in Ihis price-weighted indax have an average maturity of 10 years, . Morgan Stanley EAFE Index Ihe MSCI EAFE Index (Morgan Stanley Capitallntemational Europe. Australasia. and Far East, Index) is an unmanaged index and includes the reinvestment of dividends. It is designed to represent the pertormance of developed stock markets outside Ihe United States and Canada. The MSCI EAFE Index is a registered selVice mark of Morgan Stanley and has been licensed fot use by FMR CQrp. Asset Allocation Investments can be divided into Ihree major asset classes: Stocks. Bonds. and Short Term Investments, The.. asset classes represent Ihe different types of underfying securities that may be held in Ihe investment options you own. Please note that you may be invested in a blended fund where Ihe fund holdings are invested in more than one asset class. . Steeks Stocks can add a growlh component to your portfolio:" They repre..nt ownership or equity in a company. Stocks havelhe potential to outperform other types of investments over Ihe long term. However, stocks tend to have wider price fluctuations over short periods of Ume Ihan olher securities. . Bonds Bonds can add an income portion to your portfolio. They represent a loan to a corporation or Government Agency. and provide Ihe opportunity for higher current income than short-term investments. Unlike short-term investments and stable value investments, bond prices fluctuate with changes in interest rates. . Short Term Short Term investments can add stability to your portfolio. They provide current income and seek to preserve the value ot your investment. They also tend to provide the lowest retums over the long term. Examples of these invesbnents include certificates of deposit (COs), Treasury Bills and Money Market Instruments. .. . 16311 MG016311 0001 20020220 MG4K 168641494 Page 4 of 4 11111111111111111111111111I11111111111111111111111111111111111111111111I111111111111111111 o a 0 4f ., U 'J. I Of' 4f .,.. n ":;g, .-", Verizon's Bell Atlantic IIITouch ,Cellter P.O. Box 435 Little Falls, NJ 07424-0435 . ver'70n 02967 BRIAN K CUNNINGHAM 63 GREEN MONT DRIVE ENOLA PA 17025 BELL ATLANTIC RETIREMENT AND SAVINGS PLANS Quarterly Statement of Accounts This is your quarterly statement for the Bell Atlantic Cash Balance Plan (as of 1213tI2001) and the Bell Atlantic Savings Plan (as of 1212012001) for Salaried Employees. .' If you have any questions conceming the savings plan information presented In this statement, please contact the new Verizon Service Center within 30 days of receipt at 1 888-457-9333 or the teletypewriter (TTY) for the heartng impaired at 1 800-835-5089. If you have any questions conceming the cash balance information presented In this statement, please contact the new Verizon Benefit Center within 30 days of receipt at 1 866-99B-8777. SUMMARY OF RETIREMENT ACCOUNTS Opening Balance Credits ( + ) Debits (-) Investment Gain/Loss Closing Balance Cash Balance Savings $ 5,808.27 $ .00 $ 5.808.27 $ .00 $ .00 $ .00 $ .00 $ _00 $ .00 $ 65.24 $ .00 $ 65.24 $ 5,873.51 $ .00 $ 5,873.51 CASH BALANCE PLAN Quarter-ta-Date Activity Opening Balance on 09130/01 Distributions Pay Credits / Adjustments Interest Credits Closing Balance on 12131/0t $ 5.808.27 Birth Date $ .00 NCS Date $ .00 Points $ 65.24 Pay Credit Percent $ 5.873.51 CBP Interest Rate You are 100% vested as of 12/31/01 $ 5.580.91 $ .00 $ .00 $ 292.60 $ 5,873.51 07/16/70 02/16/93 36 5.00% 4.47% Year-ta-Date Activity Opening Balance on 12131/00 Distributions Pay Credits / Adjustments Interest Credits Closing Balance on 12/31/01 . ! ~ j EXHIBIT ]) SPECIAL NOTES 'Change of address? New phone number? If you are actively employed wilt! Verizon, please notify your ECR preparer. 'If you are no longer actively employed, please notify the new Verizon Service Center. Lifestyle change? New participant in the plan? Remember to keep your beneficiary designation up to date. To change your beneficiary election, please call the new Verizon Service Center and request a Savings Plan Beneficiary Designation Form. This will be your final consolidated Retirement and Savings Plans Statement from the Verizon Bell Atlantic InTouch Center. Future Savings Plan Statements will be distributed by the Verizon Savings Plan Service Center. (T-10) 8/99 188841494 XGRP aa SOAS 1 P2JS P2J8 CNTR us .~-~.-.... ,.", ~ ...... ~ "'~fi.~~;1 COMMONWEALTH 01' PENNSYLVANIA STATE EMPLOYEES' RETIREMENT SYSTEM TOLL FREE: \-8oii-63~-5461 wWvi.sers.state.pa.us CLASS A vs AA. SPECIAL ESTIMATE COMPARISON [ED This special estimate letter provides Class A and Class AA comparison estimates based on a hypothetical retirement date of 7/2/2001. The estimated benefits will illustrate the benefit increase when Class AA is elected. Prepared for: LISA A CUNNINGHAM 63 GREENMONT DR ENOLA PA 17025 SSN: 192-66-1267 Date of Birth: 11/16/1970 Sex: FEMALE Normal Retirement Date: 02/13/2025 Counseling Center: HARRISBURG Class AA Election: YES · Information on how your estimates for Class A and Class AA were prepared is shown on the back of this page. (Subject to audit; see special note on reverse) ACCOUNT INFORMATION--~- --- Class A With 2% Formula Posted State Service As Of 7/212001 ~ . . ~ . . . . ~ ~ . . . ~ . Service Identified As Not Eligible For Class AA Formula (see note) Final Average Salary As Of 7/2/2001 ) ) ~ ) ) . . . ) . . ~ ) ) ) Posted Member Contributions And Interest As Of 7/2/2001 . . ) ) ~ ~ Options With NO Withdrawal of Member's Money MAXIMUM SINGLE LIFE ANNUITY This option provides the maximum monthly benefits to you for life. If you die before receiving in payments an amount equal to your total accumulated deductions, the balance will be paid to your beneficiary(ies). OPTION 1 RETIREMENT This option provides reduced monthly benefits to you for life. A Present Value is placed on your account. All payments you receive are subtracted from the Present Value. Any balance remaining at the time of your death will be paid to your beneficiary(ies). OPTION 1 PRESENT VALUE Options Adjusted For a TOTAL Withdrawal Of ADJUSTED - MAXIMUM SINGLE LIFE ANNUITY This option provides the maximum monthly benefits to you for life. When you take a total withdrawal, there is no death benefit payable, ADJUSTED - OPTION I RETIREMENT This option provides reduced monthly benefits to you for life. A Present Value is placed on your account. All payments you receive are subtracted from the Present Value. Any balance rerraining at the time of your death will be paid to your beneficiary(ies). ADJUSTED OPTION. PRESENT VALUE EXHIBIT 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111. ~ ; G *000001926612670233* 11.1827 $35,844.33 $18,439.30 $188.77 $187.00 $47,125.28 $18,439.30 $114.91 $113.83 $28,685.98 31629-SER009-1l-233 ~ MODERN WOODMEN (fF JUliERlCA , t' , - HOME OfFICE: 17lll 1~ A\'lNUE. Rq~~ JSLANO.ILLINOLSoI2<l1 ,---.,ANNUA'L. REPORT ~ H ~ , '.. T,' ," "), ~:l' s;.._ ,.;' . '~ ,:'''. " , .. ~~~o:: ~it: ~~8~~B'::wi~ 2t~b 1~~i:~:~~r~ga~:~~5g~~~:MBER 1.1999 throu~; NO~~~B~R 30:~O';0. :~'; . ~ "~;' .', ' , i... .,;.... ,r" i'~..<. 'riP- ~.~', . "" , " "" '.~' :,'I~O\,:"-'C",:~' f;.j. ,~.," ...' 'r:M--~f~' . ~ kf;~S:-'o'r" ""~,,,.,, ~ :.~" ;:.r.;'~'.,": v.,.,.",~.,>,~", .". . ',' ' " ...,,;:,.... J. -.:" r .,.". '>. :. :TJ.-:j"~.',_1' :1 ",.;. -..... ,,. ,~.~ - ''-r BRIAN K CUNNINGHAM 63 GREENMONT DR ENOLA PA 17025 .: .. ~ ~ ~~ --.......~....---.., h ",~n(. '-;:" ,;~! ~".T_'."---<____~' ..,.._.._~' ,-" ",,~,";"~'::E': ~.',;:~').')l. ;.~.'c;:n;". .' ",.... \ . 't. !r~f' ~;' I ' j . --'-~.--- .;.. (Agent or Residence Agency) ", 'AGENCY DEPT .: '."',. Insured: BRIAN K CUNNINGHAM Issue Age: 25 Male Register Date: Base Plan: 89 ISWL - Interest Sensitive Whole Life Sum Insured: $5,000 Additional Benefits: 3D Year Decreasing Tenn Insurance: $96.900 Waiver of Premium Accidental Death Benefit $5.000 Guaranteed Purchase Option {$5.000 Each Option} PREMIUMS Rating Class: Nontobacco Use. Standard Annual Contract Premium: Premium Mode: Quarterly Premium: ~tatus: Values as of 12-1-2000 Annual Contract Premium: Total Sum Insured: '": ._~ ... " --'':;<' - t2-1-1995 $214.80 Quarterly $56.92 Premium Paying $214.80 $100.900 Account Value as of 12-t-1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 150.77 Premium Credited to the Account Value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38.40 Interest Credited to the Account Value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10.71 ~ 1 ~~.~~ Less Costof Insurance for Base Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- . . . .. 5.75 Account Value as of 11-30-2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . u . . . .. ~ 1~4.13 Less Remaining Surrender Charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . .. 65.00 Surrender Value as of 11-30-2000 ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~ 129.13 Death Benefit as of 11-30-2000. . . . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . n . .. $ 101.916.00 * * Includes 96.900 of Death Benefit from Tenn Rider. Interest crediting rates were 5.85% until t2-31-1999. then 5.80% until 6-30-2000. then 5.85% until 9-30-2000. then 5.95% until 11-30-2000. The current interest rate is 5.95%. The loan interest rate is 6.00% per year in arrears. The values shown assume premiums have been paid to the report date. Mortality deductions for the next certificate year are anticipated to be $5.84 while loading charges will be $2.05. This certificate will continue for the next year if scheduled premium payments are made. IMPORTANT: Interest rates. mortality charges. or expense charges may have changed since your last annual report. These changes will affect the nonguaranteed values of your certificate. You may wish to file this Annual Report with your life insurance certificate. EXHIBIT '. . ~ ~ i . ]) Page 1 of 1 ,~".~< ~ ~ - e =_.'~ - ",i~,.~. ,~, ~~,i...... """" ,.I ,"" :, ,,'~I"~' ,,'I~~l' l 'I! ~ 'I .~ ,HOM€ O~,K:E: ''',1' 1st ~V,~~t. ~'CK' ISLAND, 'i~lINoIS fll20l Life Insurance Il1usttation of Future . . ^ ~"'~"~"''''''""--=~~lllihlsi&W"..,,,~,,\'%,t",l;tH i Base Plan: $5,000 Guaranteed Non uaranteed Illustrated Additional Benefits: Account Surrender Contract Account Surrender ' Death -3D Year Decreasing Term Age Value Value (Premium" Value Value ' Benefit Insurance: $95,900 31 6 $215 $236 $215 $24 $182 $100.922 Register Date: Dec 1. 1995 32 7 . 330 278 215 28 237 99.829 -Waiver of Premium 33 8 330 322 215 340 295 9U37 -Accidental Death Benefit: $5,000 34 9 330 368 215 395 356 97.447 -Guaranteed Purchase Option: 35 10 330 415 215 452 420 96.058 $5.000 each option 36 11 330 464 215 51 487 94.471 37 12 330 514 215 57 558 92,886 Rating Class: 38 13 330 566 215 64 633 91.003 -Nontobacco Use 39 14 330 619 215 71 711 89.022 -Standard 40 15 330 674 215 79 793 86.843 Guaranteed: 41 16 323 731 731 208 873 84.467 Maximum charges and 4.0% 45 20 323 975 975 208 1.237 72.593 interest rate. SO 25 323 1.318 1.31 208 1.809 50.127 53 28 86 1.545 1.54 86 2,228 31,023 Illustrated: 55 30 86 1.703 1.70 86 2,544 15.084 Nonguaranteed current charges and, 56 31 86 1.785 1.785 86 2.715 5.975 interest rate applied to unloaned . 60 35 86 2.t22 2, 122 86 3,480 6.803 amounts. of 5.95%. Loan amounts : 65 40 86 2,563 2,56 86 4.644 7.964 are credited at 4.0% interest 66 41 85 2,652 2.652 85 4.907 8.212 70 45 85 3.006 3.006 85 6,058 9.252 Values: 71 46 81 3;094 3.09 81 6,372 9.527 Contract premium is as of 75 50 81 3.430 3.430 81 7.734 to.704 beginning of year. Values and 80 55 81 3,809 3.809 81 9,650 12.342 benefits are as of end of year 85 60 81 4.142 4,142 8t It.740 14,100 shown. Actual results will differ 90 65 81 4.420 4.420 81 13.967 16.008 and may be more or less 95 70 81 4.742 4.742 81 16.537 18,036 favorable than those illustrated 100 75 81 5.341 5.341 81 20,877 20.877 as nonguaranteed. Values assume the contract premium is paid. Loan indebtedness affects the values and the expiration of the certificate. Marketing Representative: . Term insurance nonguaranteed illustrated premiums are not guaranteed and may be changed by the Society. but cannot be changed more than once each year. Term insurance guaranteed premiums are guaranteed and cannot be changed. The loan interest rate is 6.00% per year in arrears. . Monthly Income for Life At age 65, you may surrender your life insurance for a monthly income. One option will pay you for 10 years or as long as you live. whichever is longer. For this option. the guaranteed payment is $14.89 per month. Payment based on nonguaranteed illustrated rates is $35.86 per month. AGENCY DEPT Page 1 of 1 Version 2.5 PA 88 , Lomm,"w'''m J D fO d of Pennsylvania e erre Compensation , Pr.ogram SECURE YOUR FUTURE. TODAY. ) " , , .~ '~. ",<""';' " ir'2r1.~:i \ ! \'2.-'\_<:1\"" -:s K""l,- , .. ,dminim"d, '"w!l,d cffistreef and servlc.ed by Astat&St~la(ldCltfrll'O\J~Comp.ny t~~~~~~::.:::':';':':';'?:\~~r: ..... .;.; ::~:~ ..' .. :::::.;:::::;::-.: 192-66-1267 .................. ... .;:::;=:=;=;:;:;=::;:;::;::;":':: ..........;.)?.....................'.:::.::.:;::;.::;.;:;'.:. 1."111".111"..,1,1,1.1",1,1,11.,.1,,1.1,,1.11,,,,11,11,.,1 Ref# 020170 0040517 LISA A CUNNINGHAM 63 GREENMONT DR ENOLA PA 17025-2644 81111142 :::,::~;~~:;.~mtt~~t~lm::~~~~:!:::': 1-888-422-1327' . ...... PI\GE 1 OF 2 INCEPTION TO DATE SUMMARY IRVESIMERT FURD ** lorAL rRARSFER DISIRIBurlORS IOlAL Bb/3B DESIGNATION NUMBER CONTRIBUTION GAIN/(LOSS) BALANCE AMERICAN UNITED LIFE INS CO AUL FIXED INTEREST ACCT 441.25 (443.87) .00 2.62 ,00 CPA GROUP FUNDS STOCK INDEX FUND 0187 3,112.50 656.26 .00 522.11 4,290.87 STABLE VALUE FUND 1927 811.90 (868.65) .00 57.52 .77 U.S. TACTICAL ASSET ALLOC 1462 1,037.50 656.26 .00 485.97 2,179.73 PLAN TOTALS b,4ij3.1b .ijij .ijij 1,ijb~.ZZ b,4/1.3/ tUEi~~[~~N~g~aiira~lt~~~~A~t~lI.i~~~.':.~M~U~m~~lf'..~lm:':I~t'fgtjh~~Rt~m~~M.g~~~g~~tHg~.'.IrsIR1;.':'" CALL. PERIOD SUMMARY ( 4181/81 - 6/38181) INVESIMERT DESIGNATION B4/B1 BALANCE B6/3B BALANCE rorAL PERIOD IRARSFER DIS1R1BUIIONS PERIOD CONTRIBUTION GAIN/(LOSS) .00 .00 000 .00 .00 .00 .00 .00 .00 233.80 (2.45) 82.03 4,290.87 .77 2,179.73 ....;oiL:"'..jisijli. :.1l;4iliii/ i'.,l1ij.....' .. ...,......'.;.e'j T RANSAC 1l0R DESCRIPTION ASSET CHARGE ASSET CHARGE ASSET CHARGE ASSET CHARGE ADMINISTRATIVE CHARGE ASSET CHARGE ADMINISTRATIVE CHARGE .. ...ADMI.NISJRAJ;!XJ':.CHARI;F; .'}}1isstk.CHARG".............{..,.,...,.......,..}'......' DOLLAR AMOUNT .74 .79 .77 .82 2.50 .73 2.50 /i&:~& IRVESIMERI DATE 04/27/01 04127/01 OS/25/01 05/25/01 06/29/01 06129101 06/29/01 ..O~1;29.(;9l .........a6.H?:9Hl1 UNll/SHARE VALUE 16.5500 16.4700 16.9000 16.7100 16.2100 16.2100 1.1769 i~li~a{ .. URns/ SHARES .0447 .0479 .0455 .0490 .1542 .0450 2.1240 nnn"1529 )))."}'Ai483 ~,~ ._~ ~~ Commonwealth I D ~ d ofPetlnsy'lvanill. elerre I Compensation 'Program SECURE YOUR FUTURE. TODAY. administe.re.d, enrailed and serviced by crnstreef ASI.t.SI"'.t."oClllgro"~C<lmpany ReFI 020170 0040578 LISA A CUNNINGHAM -" . , . . ~ , " .", '.. ",--1" 'e_' ,".' ""lli!i,:l. .. fA~'rtdtW~t:$;tt!HNt::~$:~N ~~j~((':.:.:':::'..?:.:::~:r.:?:.;';,:';.";"":...:;'::.:.:....................'....::::::::::::::::: 192-66-1267 :;::::~:~:~:~:~:~:~:~:i:~?:..:'. ':'.':.. ....,......;.;.............. ....: ::::::::::::;:;:::;;::::;:;:;:::;: 81111142 ;;:;:::f,,~~::;f~~li~~r~rfi~t\~jii;li:: 1-888-422-1327 PAGE 2 OF 2 PAYROLL CONTRIBUTIONS NOT YET POSTED BY THE APPROPRIATE ISSUERS TOTALED $ .ee STOCK INDEX FUND STABLE VALUE FUND U.S. TACTICAL ASSET ALLOC ENDING UNIT/SHARE VALUE 16.2100 1.1771 16.3400 TDIAL UNITSISHARES 264.7051 .6541 133.3984 R39 M PA050ee 457B EE 49870 i~_~Ili~~~~"j-",~,~..j",;,)'., ( oIrLll..U....... ,."~. ",.", " , '~dd .'" "i,';i,':;: ,~",,;;,,!;;;,;:"~,,\~.i8:~l,,-~~....AJtll&iJilJ .. . ~" JU~,<l L~ ',' ",., ,). ',OL, "n -,~,L,,,~]Le', 'T "" ,~ ,,;- "'i ,!r" ~.lJE"'-'F''''' _",,,, .~,', -- " --, r: "" _." " .~~ ~"~ .' "-:w.tJlirnUJIIIli'Jllfltl r " 7' c:) r~: >.:;::,......... ,.: ~-< >-:;~.~: ~~ ~, - ,~,' ;'" '"", '''''..',,,,'1'~''''_'~,, ""."'~ (') C:. C) ~\ '.. ~ J , ," L' . ,,1 ",. ".. ) "In i"-..') (.:J 5~1 -< ~ " , '. _,'oJ l ~ . M ", ~tf)i ,1 . LISA A. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2001-6344 BRIAN K. CUNNINGHAM, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, BRIAN K. CUNNINGHAM, Defendant herein, do hereby swear and affirm that I accepted service of a true and correct copy of the Complaint in Divorce on II/r "/0, ,2001. ~. ~ //~. an K. Cunningh ''''>:'';''''"~'~''iOO}5,"~!~.M~li~4NiW~~r.it!.l,jK'''''W_'i,"-"4W~i:ilii';"lLJ :iM~,~~~'1i'ilm.o~~-'.vr,;0",,-- ~n..,< ~ t, ,.~~",=,'.,,>,", .1...",", ..'~.o."~ "" ,~ ~",~ "~,." < ,. ,,~?~ . ~~:wa -'" 0 0 ~ C N <-::> "" ,--' -o(i:i -0 '~~F1;:1 fllr;,: ?:J Z::r' ~~,; 0-' :0;;8 r:~" , ,:;~j~?, -~ v 3> _. Zl...) ~ '~~~;.~ >() . c '-, z ::2 --l '0 55 -< -< "'. 'J. Il.ti. ~." ~~" ",L '~'~'ci" LISA A. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2001-6344 BRIAN K. CUNNINGHAM, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 11/07/01. 2. The rnarriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and seIVice of the Com- plaint. 3. I consent to the entry of a final decree of divorce after seIVice of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false staternents herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: April 15, 2002 ~J~ Lisa A. Cunningham ,i~~f:al:~i'l-""'6"''''~"~~iiIi~~W:''i~oh'''-,,",-''k-'''' :":<,,..',.'f.-'<~"'OI~..'!l,,~i!l;~~I~iM~~~!!i:~rW'O "l,lLt"",,, ","'''' ~<"""""".'~" .,...., "', ""',~'9"~,,,",,,,.JJlf,;'( !>-1l);'"~,,. ,JJ},,Jil,J..,,,L! L, ~__ ~,~,~,~_ ,'"',~_~ ",';1. . " ',"",,',.. ""~~" () -U~: f"nt, -.......". ""'-"..... ;z: t.;~ ::Q~: ~~:. ~~:i -7 '3 -, o l'''' .,....') ~'f1 ,-1 -!;;~ T~~ g~ -,1 55 -< ~ -'"'(~ 7J Cf' "'1.J- J;: '0 "...__,,,~!""',~7'- ~,"y-, "',"" '~"', .'''_~' ,-,. ,.~'I..-,=',""'f..' .~ ,',~ ~,., ,',' " ~ -= ., '-.}""~"OO:I~': LISA A. CUNNINGHAM Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV~IA v. NO. Ol-lf344 BRIAN KEITH CUNNINGHAMt Defendant CIVIL ACTION - LAW IN DIVORCE -AFFI9AVIT.. -oF-C-GNSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 11/07/01 t 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of fi+ing the complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of propertYt lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are t+ue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities. DATE: April 10, 2002 Bc2KL ~gh~m ~ t~j~du "~" i";M'i";""biWi~11iiJK;'H,~"J,<.,i"o """,-","",,,"~~,,,.F.Ri!,>t:ililQ.~~~~1liim~~""l~%I~""~~ "qJ,~,,,.~,~,,,, Z" ,'~~i~!o'l1";t'\!"""","",JL,,.., .JL~"!;tt"",,,J ~c ~",,"~:"> ~~~lo1',<."",', ';ne, " ''''~..,~, "..~_ '~',."",-:r,..~,,'"M,"'\ '. ,":',< -- ,~," "c'yr, ~,., ,,"",,\ ,,~",~,~ '. . ~," ""M^. u ~,~ " .. , o ?;:; ui;t~ ~,.,., :..~[r ~~,:,: r'-' ,_. 5::"\" ,. ~~~ -,7 :=j -< ",,0'" ., ,^'<" .'",- ..,~ "~,' ~ co i~~.) :;:)>7 -ry :-:-:J ,'~ J. . ': :1:~~ ~,]~S )"';';""11 ,,' ---j 55 -~ ~.'C: ~ '0 () "Tl ~-~ , ,~ ~ '. "' ", ,'-- - , ~"'"+-"" ~.;",:" ,,-,",i: " LISA A. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2001-6344 BRIAN K. CUNNINGHAM, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in 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 staternents rnade in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Dgted: April 15, 2002 ~JJ~~ Lisa A. Cunningham j~'='"' .l!lllJ.l?lJ.liJi.u~IIfio_~~~!!lf4;"'"'M\";"-d",t,,,;;,,"'l.;;,~~H"'"o,O!!~'~~;~~iii';i!lligWj:r!i:~~~~-m" ,,~- ,,~'."<, >, ,~,O_ " .> .>__ "~"'" ,o",^",",,,,.,,,~,',~"',""'"?,,"~,... ~,',~ __M'..".,'.- (') c: ? -002 fTlrT' _/,n' ~~:,: '-< -- r::r:-:- ~~,- ~2 :z ::J. .. of'~ .'~, ,. ".' . "~~'''>'",..,'''."," ""',. ,,~-- o t"V "'" -0 ::;<J , ""~'~""~' (T'\ o -""1 .,,-,j :,~~~ n'T'; ]~ ~rn --< -1;.') :J-' \0 ""~,~.~ ~,~,~" .~,', ~.~"- =" ~ "" - '.' LISA A. CUNNINGHAM Plaintifft IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTYt PENNSYLV~IA CIVIL ACTION - DIVORCE v. BRIAN KEITH CUNNINGHAMt Defendantt No. 01-6344 WAIVER OF NOT-ICE OF INTENTION TO REQ~ ENTRY OF A DIVORCE DECREE UNDER .t>.330HdOFTHEuDIV-0RCE CODE 1. I consent to the entry of a Final Decree of Div~rce without further notice. 2. I understand that I may lose rights concerning alimo~Yt division of property, lawyerts 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 prothonot<J.ry. I verify that the statements made in this Affidavit are yrue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relatin~ to unsworn falsifications to authorities. Dated: April 10, 2002 ingham . l"''''''"-~,J;l.,,, J:if~~'~>"'"~' 'C... 'l\:;i!lij,rj~~di~~~'~id':';Q.",;'n ;l~'''-''''''~'d'fu.,;1j~m~fil.~''i;j;\~~~ ""~~~,; ,..~, ," " o c -- ,- ::06"; ~l;T ~;;(~;' s;; -Cj "' .,~^J"',..!!Ll(tlJ.. .llli..~.,., ~ .. h-. '"'''O/"''~'''''U'''-''-''''~''''' .~,~~'"'"~", "S,'. ~= '_,' """.,"., ',',,, ~ ,o,,'~ .",~o~..,," .. ,~ ',~ ~,,,~,, ," ,~, ,. ,~, ^,,'~ .. - . - C;) I",. 0:", "=> :0" () "I ,"::..J .- C--l ",'";) .c~~f ,5~?f~? :1;.1 ~'O "" ~--ilr; - .\,) C::J .~~~~-~ ~ l , ~ " ~.. , ',. ,.. '",' ,^ ..'~'j:I~W~: .- , ~. , LISA A. CUNNINGHAM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 01-6344 Civil BRIAN KEITH CUNNINGHAM Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE AND NOW, this 21st day of January, 200Jt, I, Jeffrey A. Keiter, attorney for the Defendant, Brian Keith Cunningham, hereby certifY that I have forwarded a true and correct copy of a Answer To Complaint In Divorce by First Class Mail, postage prepaid to the following: J. Paul Helvy, Esquire Attorney for the Plaintiff 218 Pine Street P.O. Box 886 Harrisburg, PA 17108 Jeffre eit Supreme ourt LD. 15966 226 West Chocolate Avenue Hershey, PA 17033 (717) 533-8889 t.'4~~~~i.~;,6;;.""""'''",~\'..,'''~i';]'~''':'''Wti-.,>>1;,.:,,W!"~...i;:'~'I' .li:~"''''~~l ~J<.l/ll~ _M . -. 0 0 " c: fv '..,,' on s: -ocn )> fTlr,1 Z z:iJ. Z-' N en>: w -<.c. ,-. kG ,,' -V '\ -;:'. >c' :z: ,~.5 -~ z - ."",(.# );;0 ..::~. ''7'- .'-.j " c: '.~ Z .w ::;::~ =< :n <1' -< f0s '5U II" .., ""_..,, ~ ., <,~,'~'''" ~, ~,.._~,' """~,"".","~'."~',I,,"O,,. ",~ ...fi',,:,\,~'~,s,~, .~~".~".~ '. "'^h' .~,',~~_"H".' '~"." .., M""~' ,~ .~,. ."" ~""",,, ..w.~, ,."-C,,. . ~ ' ".~" ~, ,"~= ,~,~ "'",", ~ ..~", - " ., ~,,;: . ^" ~ ' . . . ~ ~ LISA A. CUNNINGHAM ) IN THE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) NO.Ol-6344 CIVIL ) ) ) CIVIL ACTION - IN DIVORCE ) Plaintifft v. BRIAN KEITH CUNNINGHAM Defendant, ANSWER TO COMPLAINT IN DIVORCE '/fv, AND NOW, this~ day of January, 2002, comes the Defendantt Brian Keith Cunninghamt by his attorneYt Jeffrey A. Keiter, J.D.t and files this Answer to Plaintiff's Complaint: 1.-8. Admitted 9. It is denied that the marriage is irretrievably broken. On the contrary, the Defendant believes that there is a reasonable prospect for reconciliation between the parties. COUNT ONE - CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 10. Defendant's Answer to paragraph 1-9 hereof are incorporated herein by reference. 11. Admitted WHEREFOREt the Defendant respectfully requests that the complaint be dismissed. Je tert J.D. Su reme Court I.D. # 15966 226 West Chocolate Avenue HersheYt PA 17033 (717) 533-8889 r .:i';'~~iit.fti: , .'J ..,,'"'" -' r,; "c"".J ,:~, ,t; ;,; >;"::'~Hr.t:;'i JI>, . . , , ... LISA A. CUNNINGHAM Plaintiff, ) IN THE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) NO.Ol-6344 CIVIL ) ) ) CIVIL ACTION - IN DIVORCE ) v. BRIAN KEITH CUNNINGHAM Defendant, VERIFICATION I verify that the statements made in this ANSWER TO DIVORCE COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~t4~' 'BRIAN KEITH CUNN GRAM ~l4li~' ,:."";",,~,,~~,~-,,;,;,,.~. ,,''''^~;'';';;.' t,~',i""~'-""~';d"""- - ;liii[t~#rg~4l:i\mw~=~~~"-"'"" '" "d=Ml'- '--iZ!, ." - -'.' - '<' . , . .. .. - .~,~-~,,, ~.",,~,.,. .~""- . , ~,- .... 1"1 fX: 5P~~C! z'~,' 0-::. l,_, , . ;:$ ~o~~ ~~~,: c :::: ~ -< IA -- o c :;'.;,;;' ~. "'; --, r,,,,) ft,,} .~ ~ I. ... .~, .~I ~_ "--';', ." ~~~"s; .. - , LISA A. CUNNINGHAM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2001-6344 BRIAN K. CUNNINGHAM, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR NAME COMMONWEALTH OF PENN8YL VANIA COUNTY OF DAUPHIN ) ) 88.: ) LISA A. CUNNINGHAM, being duly sworn according to law, deposes and says that she is the Plaintiff in the above suit in which a final decree from the bonds of matrimony was entered on APRIL 24 , 2002, and she elects to resume her prior name of LISA A. WINCOVITCH and, therefore, gives this written notice avowing said intention, in accordance with the provisions of 54 Pa.C.S.A. ~704. ~. ~ rcul1tuJdlCZ/- Lisa A. Cunningham U TO BE KNOWN AS: LISa. IJ. IJlnc{) VI+C~ Sworn to and subscribed before me this 29thday of April , 2002. q] . ~ruJ rH:ru '" ~ ~otary Public J My Commission Expires: l D \ 41 \)) NOTARIAl SEAL ~Al'll! BAflLm A laRUE, Notary Pul!IlI: Harrisbu!\), Dauphin County My Commission Expjres Oct. 4. 2W3 - "0"<' _ ~ ;!6ft~~-.g,~lilh~'~~~!~1m!i!ftli-nmi:I';,-!ilii~'1&.~i<Ii'I';ll~ili~~~'1l: ~, '" -- " ,,,~ -""..- ..~----,'=~~ "~~ '" nlJllm~''-'Mil4.'"'' :'l&llr- " p ~ -kl 0 CJ Ii ~ c P-,} () fL :;~- ';r -~ -.," :t: 0 I'M~1: ;~ ~~:;-' u..( .......... f)1 C s2:~_' I'"' ~ r ~~~- " ~ ~ "".- ~-; ..,,-, 'i='-:~ f'-~) - ...:::::' '::tJ -~ (::) 1::: --( ._ ~~, _c~>, ~ ~."". ,''''.~'"' ,,~. - ~ .;=,,<,,:, ~" ~,,~, ~. ""'" ~/ (311