HomeMy WebLinkAbout99-05892dA
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
NORMA J. LUKACS,
Plaintiff No. 99-5892
VERSUS
GARY A. LUKACS,
Defendant
DECREE IN
DIVORCE
AND NOW, r1 a3/'•'? ?•
IT IS ORDERED AND
DECREED THAT Nonna J. Lukacs PLAINTIFF,
AND Gary A. Lukacs
PROTHONOTARY
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
DEFENDANT,
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;
There are no related claims pending.
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THIS AGREEMENT is made this ? day of Fe fuo r 2000, by and
between NORMA J. LUKACS (WIFE) and GARY A. LUKACS (HUSBAND);
WHEREAS, the parties hereto were married on October 24, 1987; and
WHEREAS, no children were born of this marriage; and
WHEREAS, differences, disputes and difficulties have arisen between the
parties and it is therefore their intention to live separate and apart for the rest of
their lives and to settle fully and finally their financial and property rights and
obligations between each other.
NOW, THEREFORE, the parties hereto, intending to be legally bound
hereby, agree as follows:
1. LEGAL ADVICE AND VOLUNTARY EXECUTION OF AGREEMENT
WIFE and Husband each acknowledge that she and he have obtained, or
have had the opportunity to obtain, independent legal advice from counsel of her
or his selection, and that each have determined to complete this Agreement. The
parties acknowledge that WIFE has been represented by Andrea C. Jacobsen, Esq.,
JACOBSEN & MILKES, and that Husband has been represented by James J. Kayer,
Esq., KAYER & BROWN, with regard to this agreement.
Each party acknowledges and accepts that this Agreement is in the
circumstances, fair and equitable, and that it is being entered into freely and
voluntarily. Each party hereby confirms that he or she fully understands the
terms, conditions and provisions hereof and believes same to be fair, just,
adequate and reasonable under the existing facts and circumstances. The parties
further declare that each is executing the Agreement freely and voluntarily,
without duress, undue influence or coercion, having either obtained sufficient
knowledge and disclosure of the wealth, property, estate and income of the other,
and their respective legal rights and obligations; if counsel has not been
consulted, the right to do so is expressly waived.
2. SEPARATION AND NONINTERFERENCE
It will be lawful for each party at all times hereafter to live separate and
apart from the other at such place or places as he or she may from time to time
choose or deem fit. Each party shall be free from interference, authority and
control, direct or indirect, by the other, as fully as if he or she were single and
unmarried. Neither shall bother the other or compel the other to cohabit or dwell
with him or her.
3. SUBSEQUENT DIVORCE
The parties acknowledge a divorce action seeking the dissolution of their
marriage is currently pending in the Court of Common Pleas of Cumberland
County at Lukacs v. Lukacs, No. 99-5892 Civil Term on the grounds of
irretrievable breakdown of the marriage. The parties acknowledge their intention
to execute simultaneously herewith affidavits of consent and such other
documents as may be needed for the entry of a final decree in the divorce action.
The parties hereby agree that the terms of this Agreement shall be incorporated
into the final divorce decree entered by the Court and shall constitute a
settlement of all claims related to the divorce action.
4. EFFECTIVE DATE
This Agreement shall be effective on the date above first written.
5. MARITAL DEBTS AND OBLIGATIONS
WIFE hereby agrees to assume full responsibility for, and to hold
HUSBAND harmless with regard to the following items of outstanding joint
marital debt:
a. Mortgage loan from Sovereign Bank with approximate current
balance of $66,000.
b. All credit card obligations in WIFE's name.
C. All student loans incurred during the marriage.
HUSBAND hereby agrees to assume full responsibility for, and to hold
WIFE harmless with regard to the following items of outstanding joint marital
debt:
a. All credit card obligations in HUSBAND'S name.
Each of the parties covenants and agrees that to his or her knowledge,
except as otherwise provided for herein, all other joint debts and obligations have
been satisfied and they have no joint debts or obligations. Each party further
agrees that neither he nor she will any time in the future incur or contract any
debt, charge or liability for which the other party, or her or his property or estate,
might be responsible and each of them further covenants at all times hereafter to
keep the other free, harmless and indemnified of and from all debts, charges and
liabilities hereafter or heretofore contracted by them except as herein provided.
6. REAL PROPERTY
WIFE and HUSBAND hereby acknowledge that they jointly owned a house
and real property located at 545 Britton Road, Shippensburg, Cumberland County,
Pennsylvania, 17055. The parties acknowledge that since September 23, 1999,
Husband has enjoyed exclusive possession of the marital residence, but the
parties have shared the expenses of the household.
HUSBAND agrees to convey his legal interest in the property and to execute
a deed in order to transfer his interest in the property to WIFE upon notice of a
settlement date for refinance of the mortgage obligation. The parties agree that
such settlement date shall occur on or prior to February 16, 2000, or such later
date as may be necessitated by reason of WIFE's financing.
The parties agree that the cost of transfer shall be shared equally between
the parties. The parties agree that any refund of escrow , including prepaid
taxes and homeowners insurance, shall be divided equally between the parties.
The parties agree that notwithstanding the transfer of title of the premises,
HUSBAND shall continue to enjoy exclusive possession of the residence until the
completion of his new residence on or about March 1, 2000. HUSBAND agrees
that he shall be solely responsible for all expenses of the household incurred
during the period from February 1, 2000, through the date that he vacates the
premises. Such expenses shall include, but not be limited to, any and all
mortgage obligations, taxes, insurance, utilities, maintenance and upkeep. The
mortgage obligations shall include any mortgage payments due from WIFE on a
refinanced loan during the period of HUSBAND's residency. HUSBAND hereby
specifically agrees to indemnify and hold WIFE harmless with respect to any of
these related obligations pertaining to the subject property.
At such time as WIFE assumes exclusive possession of the marital home,
she shall become responsible for all obligations for the property. WIFE hereby
specifically agrees to indemnify and hold HUSBAND harmless with respect to any
of these related obligations pertaining to the subject property.
The deed shall be delivered to WIFE's attorney upon the agreement that it
shall not be recorded until WIFE's attorney can certify that all steps have been
taken to satisfy the existing mortgage or to remove HUSBAND's name from the
obligation.
7. PERSONAL PROPERTY
Except as provided for within this agreement, the parties acknowledge that
there has been distribution between them of their items of personal, tangible and
intangible property, including furnishings, household goods, etc., and they agree
that the division thereof is to their mutual satisfaction. Each of the parties shall
hereafter own and enjoy, independently of any claim or right of the other party,
all items of personal, tangible and intangible property now or hereafter owned or
held by her or him with full power to dispose of the same effectively and for all
purposes as if she or he were unmarried.
The parties acknowledge that HUSBAND shall release all interest, title or
claim to the 1996 Nissan Altima vehicle held in the joint title of the parties, and
he agrees to transfer title to WIFE within thirty (30) days of the date of the
effective date of this Agreement. Thereafter, the vehicle shall be the sole and
separate property of WIFE.
The parties acknowledge that WIFE shall release all interest, title or claim
to the 1997 Honda Civic vehicle held in Husband's name, and the vehicle shall
hereafter be the sole and separate property of HUSBAND. The parties agree that
any expense incurred in the transfer of the vehicles shall be shared equally
between them.
8. PENSION, RETIREMENT AND OTHER EMPLOYEE BENEFITS
HUSBAND and WIFE acknowledge that they have interests in certain
qualified retirement funds and accounts, which includes marital and non-marital
property. The parties agree that those funds shall be retained by the title holder
of those accounts as follows:
HUSBAND shall retain full title, interest, and claim to his Regular, Roth, and
Simple IRA accounts, as more fully identified on Exhibit A hereto. WIFE hereby
forever waives and relinquishes any right, interest or claim that she might have
otherwise in HUSBAND's listed accounts and any other pension, retirement,
deferred income or employee benefits plan to which HUSBAND may be or may
become entitled.
WIFE shall retain full title, interest and claim to her Regular and Roth IRA
accounts, as more fully identified on Exhibit A hereto. HUSBAND hereby forever
waives and relinquishes any right, interest or claim that he might have otherwise
in WIFE's listed accounts, or any other pension, retirement, deferred income or
employee benefits plan to which WIFE may be or may become entitled.
9. PAYMENT TO WIFE
As a means of distributing the financial interests of the parties, WIFE and
HUSBAND agree to divide their joint non-qualified financial assets between them
with WIFE receiving the sum of FIFTEEN THOUSAND DOLLARS ($15,000) at the
time of the execution of this Agreement, plus one half (1/2) of the jointly owned
Orrstown Bank stock, being approximately 112 shares (1/2 of 224) with market
value of approximately $39.50 per share, and HUSBAND retaining the balance of
the joint non-qualified financial assets.
10. PETS
The parties will agree to each take some of their pet animals according to
their mutual agreement. The parties agree that they may each take the other's
animals to their respective homes for one weekend each month from Friday
evening to Sunday evening with the hours and details of transfer to be worked
out by mutual agreement of the parties.
HUSBAND agrees that WIFE may also take their pet dog, Harrison, one time
each month, to pet therapy visits with the hours and details to be worked out by
mutual agreement of the parties. WIFE agrees to maintain liability insurance
covering any damage that may be done by Harrison during all visits. WIFE agrees
to present evidence of such insurance to HUSBAND.
The parties further agree that in the event that either of them is unable to
care for the pets that he or she has taken, the other party will be offered the
opportunity to care for them.
11. DISABILITY INSURANCE
The parties acknowledge and agree that they are each covered by disability
insurance and shall assure that such insurance shall remain in effect.
12. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY
WIFE and HUSBAND do hereby waive, release, discharge and give up any
rights which either may have against the other to receive spousal support,
alimony pendente lite, alimony or other post divorce maintenance or support.
From the execution date of this Agreement, it shall be the sole responsibility of
each party to sustain himself or herself without seeking any support from the
other.
,...._ -_
13. TAXES
The parties agree that they shall file their federal and state income tax
returns jointly for calendar year 1999, and shall split evenly any taxes owed or
any refund due. Parties agree that they shall cooperate as necessary including
sharing such information and such documentation and executing such additional
documents as may be appropriate to satisfy the intent of this paragraph.
14. ATTORNEY FEES, COURT COSTS
Each party hereby agrees to be solely responsible for his or her own
counsel fees, costs and expenses. Neither shall be seeking any contribution
thereto from the other party except as otherwise expressly provided herein.
15. MUTUAL RELEASE
HUSBAND and WIFE do hereby release each other from any other claims
with respect to the marital and non-marital assets of the parties, except as
provided under this Agreement. Additionally, each party hereby releases any
interest that he or she may have in the estate of the other. Except as provided for
in this Agreement, the parties hereby remise, release, quit-claim and forever
discharge each other and the estate of each other, for all time to come, and for all
purposes whatsoever, from any and every claim, including alimony, alimony
pendente lite, equitable distribution of marital property, counsel fees or costs
under the Divorce Reform Act or spousal support, or otherwise, that they make or
hereafter make in and to or against each other's estates or any parts thereof,
whether by way or dower or curtesy, or under the intestate laws, or the right to
take or elect against the other's will, except only such rights as accrue pursuant to
this Agreement.
16. MUTUAL COOPERATION
HUSBAND and WIFE shall mutually cooperate with each other in order to
carry through the terms of this Agreement, including but not limited to, the
signing of documents.
17. AGREEMENT BINDING ON HEIRS
This Agreement constitutes the final agreement of the parties and is
binding upon their heirs, assigns and successors in interest.
18. APPLICABLE LAw
This Agreement shall be construed under the laws of the Commonwealth
of Pennsylvania
19. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties, and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
20. BREACH OF AGREEMENT
In the event that either party breaches any provision of this Agreement or
fails to timely perform his or her obligation under this Agreement, she or he shall
be responsible for any and all costs incurred to enforce the Agreement, including,
but not limited to, court costs and counsel fees of the other party. In the event of
breach, the other party shall have the right, at her or his election, to sue for
damages for such breach or to seek such other and additional remedies as may
be available to her or him.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of
the day first above written. HUSBAND and WIFE acknowledge that multiple
copies of this Agreement have been executed and each party has received a duly
executed copy hereof.
Witnes
40k?j. UKACS
Witness GARY A. LUKACS
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this, the L day of February 2000, before me appeared NORMA J.
LUKACS, known to me, (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this, the 4±L- day of February 2000, before me appeared GARY A.
LUKACS, known to me, (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed the
same for the purposes therein contained.
IN WPTNE OF,?II hereunto set my hand and official seal.
W?Gti'Y??
Y PUBLIC
NO7ANTI EDENISE PICarlisle BoroM Commis
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NORMA J. LUKACS
Plaintiff
V.
GARY A. LUKACS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5892
IN DIVORCE
CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for
entry of a divorce decree:
1. Ground for the divorce is irretrievable breakdown under Section of 3301(c)
of the Divorce Code.
2. Defendant was served with the Divorce Complaint by certified mail,
return receipt, and the return receipt card was signed by the Defendant on
September 29, 1999.
3. Plaintiffs Affidavit required by Section 3301(c) of the Divorce Code was
executed by the Plaintiff on February 7, 2000.
4. Defendant's Affidavit required by Section 3301(c) of the Divorce Code was
executed by the Defendant on February 14, 2000.
5. There are no related claims pending. The parties agree to the entry of the
Marital Settlement Agreement dated February 9, 2000, to be incorporated into the
final Decree of Divorce between them.
Respectfully submitted,
lJ?'tiy (
ANDREA C. W OBSEN, Esquire
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney for Plaintiff
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NORMA J. LUKACS : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-55.92.CIVIL TERM
GARY A. LUKACS, : IN DIVORCE
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail
to do so, the case may proceed without you and a decree of divorce or annulment may
be entered against you by the Court. A judgment may also be entered against you for
any other claim or relief requested in these papers by the Plaintiff. You may lose
money or property or other rights important to you, including custody or visitation of
your children.
When the ground for the divorce is indignities or irretrievable breakdown of
the marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle,
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(71.0 249-3166
NORMA J. LUKACS : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99- 5SI-2-CIVIL TERM
GARY A. LUKACS, : IN DIVORCE
Defendant
COMPLAINT IN DIVORCE
COUNT I-DIVORCE
1. Plaintiff is NORMA J. LUKACS, presently residing at 545 Britton Road,
Shipponsburg, Cumberland County, Pennsylvania, 17257.
2. Defendant is GARY A. LUKACS, presently residing at 545 Britton
Road, Shippensburg, Cumberland County, Pennsylvania, 17257.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least
six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on October 24, 1987.
5. There have been no prior actions of divorce or for annulment between
the parties in this or any other jurisdiction.
6. Neither party to this action in divorce is currently a member of the
Armed Forces of the United States of America.
7. Plaintiff has been advised that counseling is available and that the
Plaintiff may have the right to request that the Court require the parties to
participate in counseling.
8. The marriage between the parties hereto is irretrievably broken.
9. Plaintiff requests the Court to enter a decree of divorce.
2
COUNT II - EQUITABLE DISTRIBUTION
10. Plaintiff incorporates herein the prior paragraphs by reference.
11. The parties are the owners of real and personal property subject to
equitable distribution between them as marital property.
12. The Plaintiff requests the Court to equitably divide such items of
marital property between them.
WHEREFORE, the Plaintiff requests this Court to:
a. Enter a final Decree of Divorce divorcing the Plaintiff from the
Defendant;
b. Grant equitable distribution of the marital property of the
parties; and
c. Grant such further relief as it shall deem proper and just.
Respectfully submitted,
C?Lv
BY: drea C acobsen
JACOB & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 20952
3
I hereby verify that the statements made in the foregoing are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: 719 A
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NORMA J. LUKACS
Plaintiff
V.
GARY A. LUKACS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.99-.517)-CIVIL TERM
IN DIVORCE
WAIVER OF COUNSELING
NORMA J. LUKACS, Plaintiff herein, hereby states and certifies as follows:
1. I have been advised of the availability of marriage counseling and
understand that I may request that the Court require that my spouse and I
participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the
Domestic Relations Office, which list is available to me upon request.
3. Being so advised, I do not request that the Court require that my spouse
and I participate in counseling prior to a divorce decree being handed down by the
Court.
I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. Section 4904, relating to unworn falsification to authorities.
Dated: a 9 V v c-IC.dk<?
NORMA J. L {ACS
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NORMA J. LUKACS
Plaintiff
V.
GARY A. LUKACS,
Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5892 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under the Divorce code was filed on September 24,
1999, and service was made on September 29, 1999, on the grounds that the
marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
granted.
I verify that the statements made in the Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date: 4-d
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NORMA J. LUKACS
Plaintiff
V.
GARY A. LUKACS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5892
IN DIVORCE
CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under the Divorce code was filed on September
24, 1999, and service was made on September 29, 1999, on the grounds that the
marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably .broken and
ninety days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
granted.
I verify that the statements made in the Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date: A-14-0c) A A
GARY .LUKACS
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NORMA J. LUKACS
Plaintiff
V.
GARY A. LUKACS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5892 CIVIL TERM
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 if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered
by the Court and that a copy of the decree will be sent to me immediately after it is
filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date: a1-7/off G14lLG" 2 ?CLCn
ORMA J. L-UKACS
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NORMA J. LUKACS : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-5892 CIVIL TERM
GARY A. LUKACS, : IN DIVORCE
Defendant
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 if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered
by the Court and that a copy of the decree will be sent to me immediately after it is
filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date: ?_./V-00 4. G7,0"
GARY A. UKACS
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NORMA J. LUKACS
Plaintiff
V.
GARY A. LUKACS,
Defendant
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5892 CIVIL TERM
IN DIVORCE
I, Angela S. Garland, hereby certify that a true and correct copy of the
Complaint Under Section 3301(c) Or 3301(d) Of The Divorce Code in the above
captioned matter was duly served upon the Defendant, Gary A. Lukacs, by depositing
it in the U.S. Mail, certified, restricted delivery, return receipt requested, on
September 24, 1999, addressed as follows:
Gary A. Lukacs
545 Britton Road
Shippensburg, PA 17257
The return receipt card was signed on September 29, 1999. The return receipt
card is attached as Exhibit "A"
I hereby verify that the statements made in the foregoing are true and correct.
I understand that false -statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
DATE:
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NORMA J. LUKACS : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-5892 CIVIL TERM
GARY A. LUKACS, : IN DIVORCE
Defendant
INTERROGATORIES ADDRESSED TO DEFENDANT
The above-named Plaintiff, by her attorneys, JACOBSEN & MILKES, hereby
request that the above party, to whom these interrogatories are addressed, answer fully,
in writing and under oath, the following interrogatories pursuant to the Rules of Civil
Procedure.
DEFINITIONS AND INSTRUCTIONS
Unless negated by the context of the interrogatory, the following definitions are to
be considered to be applicable to all interrogatories contained herein:
(A) "Documents" is an all-inclusive term referring to any writing and/or recorded or
graphic matter, however produced or reported. The term "documents" includes, without
limitation, correspondence, memoranda, interoffice communications, minutes, reports,
notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys,
books of account, ledgers, invoices, purchase orders, pleadings, questionnaires,
contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams,
films tax returns, and financial statements, and all other such documents tangible or
retrievable of any kind. "Documents" also include any preliminary notes and drafts of all
the foregoing, in whatever form, printed, typed, longhand, shorthand, on paper, paper
tape, tabulating cards, ribbon blueprints, magnetic tape, microfilm, film, motion picture
film, phonograph records, or other form.
(B) With respect to documents, the term "identify" means to give the date, title,
author and addressee; "identify" with respect to documents further means:
(i) To describe a document sufficiently well to enable the interrogator to
know what such document is and to retrieve it from a file or wherever located;
(ii) To describe it in a manner suitable for use as a description in a
subpoena;
(iii) To give the name, address, position or title of the person(s) who has
custody of the document and/or copies thereof.
(C) "Identify" when used in reference to an individual means:
(i) To state his/her full name;
(ii) Present residence address or last known residence;
(iii) Present or last known business address;
(iv) Present employer or last known employer;
(v) Whether ever employed by any party to this action, and if so, the
dates he/she was employed by such party, the name of such party, and the last position
held as an employee of such party.
(D) Whenever the expression "and/or" is used in these interrogatories, the
information called for should be set out both in the conjunctive and disjunctive, and "
wherever the information is set out in the disjunctive, it should be given separately for
each and every element sought.
(E) Whenever a date, amount or other computation or figure is requested, the r
exact date, amount or other computation or figure is to be given unless it is not known;
and then, the approximate date, amount or other computation or figure should be given or j
the best estimate thereof; and the answer shall state that the date, amount or other
9.
computation or figure is an estimate or approximation.
(F) No answer is to be left blank. If the answer to an interrogatory or subparagraph
of an interrogatory is "none" or "unknown," such statement must be written in the answer.
If the question is inapplicable, "N/A" must be written in the answer. If an answer is
omitted because of the claim of privilege, the basis of privilege is to be stated.
(G) These Interrogatories are continuing, and any information secured
subsequent to the filing of your answers which would have been included in the
answers had it been known or available, are to be supplied by supplemental
answers.
The subject matter of these proceedings is the above-captioned pending divorce.
It is hereby certified that the original and two copies of these Interrogatories were
delivered to counsel for Plaintiff on this date by the undersigned.
Dated:
Andrea C. Jacobsen
Attorney for Plaintiff
3
1. State your date of birth, your date of separation from your wife, NORMA J. LUKACS,
and your Social Security Number.
Birth Date: June 8, 1957
Separation Date: Norma Left Approxiamtely, end of September or 1st week
of October.
SS#: 145-50-8559
2. State your present permanent address and residence. If you reside any place in
addition, give address, city and state. For the premises at the present address where you
are actually residing, set forth the names of any persons residing with you.
Address: 545 Britton Road
Shippensburg PA 17257
Phone: 717-530-5031
No other persons residing with me.
4
3. State your educational background - including all post-secondary schools attended,
dates of attendance, degrees obtained.
Dunedin H.S., Dunedin, FL, H.S. Diploma 1971-1975
Florida State University, Tallahassee, FL, B.S., Bio/Chemistry 1975-1979
University of Florida, Gainesville, FL, D.V.M.,1980-1984
College of Veterinary Medicine
4. Identify all professional licenses held, dates obtained.
D.V.M (Doctor Veterinary Medicine)
Licensed: Pennsylvania 1984
Florida 1984
5
5. State the name and address of your present employer, the position you currently hold
with your employer, how long so employed, your current salary, and your salary for the
last three years, including the gross pay received, the deductions from gross salary,
and the net salary received.
Farrell Veterinary Clinic
108 Carlisle Road
Newville PA 17241
Position: Veterinarian
Length Employment:
Current Salary: $55,000.00
Last 3 years:
Gross Fed. Ded. SS
1998-52,000.00(521341.00)
1997-52,000.00(51,491.20)7885.00 3192.47
1996-49,500.00(49,449.90)7864.00 3065.86
Shippensburg Animal Hospital
Mt. Rock Animal Hospital
Medicare State Local
746.60 1441.74 514.83
717.08 1384.71 494.40
6. Do you participate in any retirement, pension plan, profit sharing plan, stock option or
other bonus or deferred income plan? If so, Yes
SEE ATTACHED PAGE
a. State, type of plan, amounts, nature and extent of such interests, including
date of issuance of your interest;
b. Attach a copy of any such plans, whether they be retirement, pension, profit
sharing, or any other deferred plan, and a copy of statements indicating your
interest in the plan as of the date of marriage, if such interest existed prior to
marriage, as of the date of separation, and currently.
C. State name, exact title, and address of the Plan Administrator, and any
identifying account or plan number for your interest in the plan.
d. If such plan is through your employer, state date of hire, your current
interest in such pension plan, contributions by you, contributions by your employer,
your current vested or unvested rights in such plan, the values as of the date of
separation.
6. Continued
a. January 1998 - Roth IRA 2,000.00/year
July 1998 - Simple Plan 6000.00/year
Past Years - Reg IRA and SEP IRA
b. Attached
C. Vanguard Group, P 0 Box 2600 Valley Forge, PA 19482-2600, Simple Plan
Account #: 9936025448
d. Simple Plan July/August 1998 Contribute 2,000.00/Goal to Contribute 6,000.00
by 1999
Employer may match up to 3% of salary, (ie. $250.00/bi-weekly)
New England Funds - Transferred to Vanguard - September 20, 1990 $6718.90
As of November 4, 1999 AMT. SHARES
Vanguard Total bond Market index 1.96 1'j =.
Market index 6,073.99 200.594
International Growth Fund 1,371.20 67.747
Prime Money Market 440.11 440.110
As of September 30, 1999 Roth IRA
Vanguard Index 500 Fund 4,455.46 37.583
As of September 30 through August 10, 1999 and September 30, 1999
Regular IRA - Vanguard Star Fund 22,821.16 1,268.547
Mutual Shared Fund 20,383.06 998.680
Fidelity Low-Priced
Stock 5,565.73 238.055
Harbor International
Fund 12,757.28 319.411
Berger - 100 Fund 6114.64 339.702
Core State Bank C.D. 2,000.00
As of September 30, 1999 through August 10, 1999,
SEP - IRA - Strond Advantage
Fund 59727.33 578.518
Fidelity Equity
Income II 8,436.06 280.454
7. List by address and legal description, giving city, county and state, all real property
held by you in your name alone, or jointly with another person, and for each such
property, indicate date of acquisition, purchase price, date and place of recording, your
best estimate of market value, presently, and an estimate of any mortgages or liens
against the property.
Porperty: Home Joint ownership w/Norma J. Lukacs
545 Britton Road
Shippensburg, PA 17257
County: Cumberland
Acquired (purchased): July 1995
Price: $113,000.00
Date and Place of recording: Cumberland County
Estimated Market Value: $135,000.00 - $140,000.00
Mortgage: Sovereign Bank $6G,000.00 - 67,000.00
8. State whether you own any stocks, bonds or other securities in any corporation in your
name alone, or jointly with another person, or have held or disposed of any such
securities since January 1, 1998. If so, please state name and location of corporation,
number of shares held by you and, if held jointly, percentage of your ownership, when
acquired, and approximate current value of your interest, or, if no longer held, value on
date of sale or transfer. Identify any dividends or other income received on account of
such ownership during the last two tax years, and anticipated for the current calendar
year.
Waterhouse Invester Services Name Shares Price Share
H.J. Heinz 150 42 1/16
Komag 50 4
Sold 12/10/99 w/Norma"s.
Permission and cashed placed into money market
portfolio
Delhaize America 26 21
Sold 12/10/99 as above
Orrstown Financial Services
Orrstown Bank 215 38
Bank of America 17.78 53 5/8
All. divisions were reinvested in D.R.I.P.
Plans, M.Market or Checking Account
Zweig Fund 466.835 10
Owned 100 shares before marriage in 1986
valued at approximately $11.00 each
7
8. Continued
Allegheny County Intitution District
Municipal Bond Purchased October 7,
Matured March 1, 1990
All divends wemt into joint checking
cashed in and went into 20th Century
Heritage fund
Mutual funds - Joint
American 20th Century Heritage 2,910.00
Account #: 030-000069650
(Premarital property)
1985 $5000.00 (actual 5023.33)
and sold August 11, 1990
since married and bond
Fund Government Bond
235.708
Warburg Pincus FUnds
Post Venture Capital 3,019.01 -0-
Account #: 29-4021786-6
Shares redeemed August 1, 1999 and money deposited into joint
Vanguard Pennsylvania Insured Long Term
Mini Bond Fund
Vanguard Intermediate Term
Mini Bond Fund
Vanguard Prime Money Market
Strong Municipal Money Market Fund
Strong Short Term Mini Bond Fund
Shippensburg Investment Club
4,919.21 458.027
3,448.02 458.027
3,762.87 3762.87
5066.51 5066.51
6,064.07 622.594
4,528.20 1
9. List any and all bank accounts, both checking and savings, or bank deposits,
certificates of deposit, etc., held by you in your name alone or jointly with any other
person, presently and since January 1998. Please give the name and location of those
banks and the approximate balance of the accounts as of the date of these
interrogatories. If any such accounts is now closed, indicate the date the account was
closed and the balance as of one month prior to its closing.
Orrstown Bank Orrstown, PA
Money Market Act.# 818917 Balance $1,045.43
Checking Act #: 545805 433.83
Patriot Federal Credit Union
Act.#: 5000014048
Prime Share Act: $5.28
Draft Act.: 12.28
Core State Bank: CD Gary IRA: approximately J2,000.00
A.M. South, Fortune Federal, Dunedin, Florida
Savings act.: 308.89
T.D. Waterhouse
Money Market Portfolio, approximately $1323.00
10. Identify all items of tangible personal property, worth in excess of $500, owned by you
individually, or jointly with another person, giving description and approximate value and
indicate whether or not such items are marital property. If not, identify basis for exclusion
from marital estate.
1997 Honda Civic approximate value $10,000.00 - 12,000.00
1996 Nissan Actima " 10,000.00 - 12,000.00
1985 Chevy S-10 Truck Non-marital Property: Opened account or purchased
before marriage.
Home: $135 - 140,000.00
Appliances: Refirdgerator and Water Connection
Purchased July 1999 - approximately $1,150.00
Washer and Dryer approximately $600.00
Armstrong flooring purchased by Norma but not yet installed
Stero System w/cassettes and CD's approximately $500.00
Furniture: Dining Room Table and Chairs approximately $1,200.00 - 1300.00
End Tables and Coffe Tables and Bed Headboard
and Frame - $1000.00
Computers, Printers and Moniters - Mac & Packard Bell Maybe $500.00
Pets: 1 Greyhound
8 Cats
11. Set forth all other income received, other than heretofore set forth in answers to the
Interrogatories, whether reportable or not for federal income tax purposes, during the
current year and the past four calendar years and as to each such item of income, set
forth date, amount received, and source and basis for income.
May Start working at an emergency Veterinary clinic (part-time)
within next week to help an owner/friend and for additional income.
This will occur post-separation
12. Identify any federal income tax returns, or amended returns or notices, which you
have filed for the years 1996 to 1998 (and 1999 when final), (including partnership and
corporation returns if you are partner or an officer, director or owner of five (5%) percent
or more of stock in any corporation) which were not filed jointly with your spouse and
attach a copy of any such return with all accompanying schedules and documentation.
All Federal Income Tax Returns were filed jointly.
9
13. State whether you own or have any interest in or have maintained any life insurance
policies, annuity, or medical policy, insuring your life, or the life of any other person. If so,
for each such policy, please state the name of the insurance company, policy number, the
beneficiary, the premium paid by you on the policy, the type of coverage provided by the
policy, the face amount of the policy, and its current cash value, and any loans, by date,
amount, and outstanding loan balance, which have been taken against the policy.
Term Life Insurance Policy#: 058248, Beneficiary, Norma, Value, $150.000.00
New York Life Insurance Company
51 Madison Avenue
New York, NY 10010
14. State whether you have any insurance or annuity coverage not listed in the answer to
the preceding interrogatories. If so, for each policy of insurance or annuity state names
and address of the insurance company, type of policy, amount of coverage and present
cash surrender value.
Disability Insurance
Policy #: 01025/5172000
Provident Comp. Inc
18 Chestnut Street
Worcester MA 01608-1528
Major Medical Insurance
AVMA and Disability Certificate # 058248
New York Life Insurance Company
51 Msdison Avenue
New York, NY 10010
Phone: (212) 576-7000
10
15. List the names and addresses of any persons to whom you may have given or lent
money in excess of $500 per gift, or loan, for the years 1998 to date.
NONE
16. Set forth a list of your outstanding obligations, including but not limited to, mortgages,
conditional sales, security agreements, contract obligations, financing statements,
promissory or judgment notes, stating whether the obligation is individual, joint, or joint
and several, the original and current amount of the obligation, the monthly or other
periodic payment due for such obligation, and the date and source of monies.
Mortgage: $816.61/mth Joint
Utilities: $195.00/mth
ie., electrict, phone,oil
Insurance Premimus $2500.00/year individual
(Disability, life, Partial M.Medical, Home, and Auto)
11
17. State whether anyone, whether individual, corporation, partnership, or any other entity
or party owes you any money, or if you hold any mortgages. If so, identify the name and
address of the debtor or mortgagor and the amount of the debt.
NONE
18.At any time during your marriage, were you engaged in any business enterprise,
either solely or jointly with others? If so, for each business, state name, form of the
business organization, your ownership share, your dates of ownership and the annual
gross profits of the business during the past five years, or if discontinued or sold, the
amount of money received as a result of the discontinuance, termination or sale.
NO
17
19. Identify any monies or assets received by you by way of gift, inheritance, or through
any source other than earning or other reportable income or loans from the inception of
the marriage, including date, amount or value received and source.
Birthday and Christmas gifts: Amounts varied but all $100.00 or
less, total unknown
20. State the extent, type and location of all books, papers, records and other financial
documents in your possession or control, which would reflect your income or assets.
Copies of Bank, Mutual Fund, Stock statements held at home. Copies were
already submitted to your office through Norma Lukacs.
13
21. Have you received or do you anticipate the receipt of anything of value from any
source, including but not limited to gifts, judgments, settlement, litigation, devise, bequest,
legacies, insurance proceeds, loans, dividends, property in reversion, remainder, or
expectancy, or a trust or trusts, or any interest not hereinbefore set forth? If so, identify
source, reason, date and amount or value of receipt.
NO
22. Do you have or have there been any safe-deposit boxes, vaults, safes, storage
facilities or other places of deposit and/or safekeeping, (hereinafter for the purpose of
brevity referred to as place of safekeeping"), maintained by you, or in which you have
deposited any monies, documents, or other items of personal property, or in which you
had powers of signature, or access to any such safe-deposit boxes, vaults, safes, storage
facilities or other places of deposit and/or safekeeping, in the past five years? If so, state
name and address of bank or other location and list all items located in such place of
safekeeping.
Safe Deposit Box: Forture Federal Bank (A.M. South Bank), Dunepin, FL
Box and contents owned before marriage- contains baseball autographs
and childhood coin colleciton
Not opened since 1982 when key was lost. Box must be drilled open by
a locksmith through bank.
14
23. Itemize your average monthly living expenses in detail, including but not limited to,
rent, clothing, food, utilities, telephone transportation and car, medical and dental,
insurance of any nature, mortgage and other loan payments, taxes and other regular
personal items of any nature, iaundry and cleaning, transportation, education,
entertainment, recreation, personal and grooming expenses, alcoholic beverages,
nightclub entertainment, motion pictures entertainment, out-of-town trips, tobacco
products, gambling, (as to gambling, specify the sport or game involved), sports
equipment, support for any other persons, and any other expense.
Mortgage and Escrow and Tax $ 816.61/mth
Food 210.00/mth
Utilities 150.00/mth
Clothing 20.00/mth
Car/truck(gas and repairs) 60.00/mth
Taxes, occupational and personal 44/mth
Insurances 250.00/mth
Social and Big Bros. Programs 80.00/mth
Donations 80.00/mth
Vet CE Credits 35.00/mth
All approximate
24. Did you prepare or have prepared any records, accounts, journals or similar
documents showing your income, expenses, assets or liabilities? If so, attach a copy of
each such record, account, journal or similar document.
none other tahn these interrogatories
15
25. Have you in the past hired any professional accounting or bookkeeping services to
maintain records of your assets, liabilities, income, expenses, tax returns, and other
financial transactions? If so, state the name, address and telephone number of person or
firm who has rendered services in the last five years.
NO
26. State the names and address of any and all proposed expert witnesses and annex
true copies of all written reports rendered to you by any such proposed expert witness
and the names and addresses of any lay witnesses that have knowledge or information of
any relevant facts relating to this action.
RIA
16
27. Do you have any health problems or medical conditions which affect your ability to
perform your usual occupation or to engage in activities of daily living. If so, identify such
problems or conditions by diagnosis, date of diagnosis, treating medical providers, and
prognosis.
NO
28. Are you presently taking any prescription medications? If so, identify the medications,
dosage, prescribing provider and reason for medication.
NO
17
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
ss
I, GARY A. LUKACS, hereby swear or affirm that the foregoing Answers to
Interrogatories are true, complete, and correct, to the best of my knowledge, information
and belief, and that I will provide further information I may receive in the future pertaining
thereto.
The undersigned understands that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
A?v ?V,
GARY A. ILVKACS
Sworn and subscribed before me
this /0 day of bt?G M6a
1999.
Notary Public
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NSW ENGLAND FUNUS°0
Where The Nest Minds Mecte
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STATE STREET BAN ANK 6 TRUST
CUST FOR THE SIMPLE IRA OF
GARY A LUKACS
545 BRITTON RD
SHIPPENSBURG PA 17257-9548
Investment Summary . Page Iof2
January 1 to September 30, 1999
Questions?
Investor Service 800.225.5478, press 2
Information 24 Hours a Day
Personal Access Unarm 800.225.5478, press 1
Web site www.mutuelfunds.com
Representative Hite/Neff
Investment Uealer New England Securities
West Shore Office Center
214 Senate Ave, Suite 702
Conic Hill PA 17011-2336
New England Funds News and Information
We are pleased to offer you a year-to - date statement for your record keeping purposes. Please refer to the enclosed Fundletter
for more information on your year-to - date statement. Feel free to call a New England Funds representative at 800.225-5478 if you
have any questions.
Portfolio Summary
Fund Name Appreciation/
Fund/Account Number Beginning Value Purchases Redemptions Depreciation _ Ending Value
Cash ManagementTrust A
12/3007738633
$2,281.17
$4,447.73
$6,728.90
$0.00 $0.00
?Total 42 281 17 $4,447.73 $5,728.90 $0.00 $0.00
ArS (2! p-C E D
Portfolio Earnings Summary
i
A
i Re ularAccounts
ccoun
s
rement
Ret
e Statemerr Period yawl oDate
in
sTV
E Earnings Type Statement Period Year to ate
u
arn
p
Dividends $132.50
$0
00 $132.50
00
$0
This Portfolio has no Regular Accounts.
Capital Gains . .
Total Earnings $132.50 $132.50
--Asset Allocation for Retirement Accounts
0 0% Money Market
Cash Management Trust A
Total Portfolio Value
12/3007738633
$0.00
Page 2 of 2
Historical Fund Performance
Please refer to the back of page I of em still It for details on fund performance ,
Average Annual Return Average Annual Return
at Net Asset Value' at Maximum Sales Charge' 'Since
Fund Name YTD% Iyr%a 5yr%6 10yra/a tyr% 5yra7 10yra7 Inception
Cash Management Trust A 3.33 4.44 4 84 4.84 07/10/1978
Fund Transaction Detail
Cash Management Trust A
Account Owner STATE STREET BANK & TRUST
CUST FOR THE SIMPLE IRA OF
GARY A LUKACS
Fund/Account Number 12/3001138633
Fund Information
Trade Transaction
For Current Yield Information Use Our Personal Access Line, Simply Call 800-225.5478 And Press 1.
Select Option N2, Then Option d1.
Transaction Share Shares This Shares Market
02/01/1999 Income Reinvest $9 .02 $1 .00 9 .020 2,290 .190
02/02/1999 1999 Employer Contribution $78 .39 $1 .00 78 .390 2,368 .580
02/02/1999 1999 Salary Reduction $500 .00 $1 .00 500 .000 2,868 .580
02/26/1999 Income Reinvest $8 .88 $1 .00 8 .880 2,877 .460
03/19/1999 1999 Salary Reduction $500 .00 $1 .00 500 .000 3,377 .460
03/19/1999 1999 Employer Contribution $78. 39 $1 .00 78 .390 3,455 .850
03/31/1999 Income Reinvest $10. 93 $1 .00 10 .930 3,466 .780
04/30/1999 Income Reinvest $11. 76 $1 .00 11 .760 3,478 .540
05/24/1999 1999 Employer Contribution $78. 22 $1 .00 78 .220 3,556 .760
05124/1999 1999 Salary Reduction $750. 00 $1 .00 750 .000 4,306 .760
05/24/1999 1999 Employer Contribution $116. 16 $1 .00 116 .160 4,422 .920
05/2411999 1999 Salary Reduction $500. 00 $1 .00 500 .000 4,922 .920
05/28/1999 Income Reinvest $13. 24 $1 .00 13 .240 4,936 .160
06/28/1999 1999 Salary Reduction $500. 00 $1 .00 500. 000 5,436. 160
06/28/1999 1999 Employer Contribution $76. 84 $1 .00 76 .840 5,513. 000
06/30/1999 Income Reinvest $17. 02 $1 .00 17 .020 5,530. 020
07/16/1999 1999 Salary Reduction $500. 00 $1 .00 500. 000 6,030. 020
07/16/1999 1999 Employer Contribution $76. 84 $1 .00 76 .840 6,106. 860
07/30/1999 Income Reinvest $21. 01 $1 .00 21. 010 6,127. 870
08/10/1999 1999 Salary Reduction $500. 00 $1 .00 500. 000 6,627. 870
08/1011999 1999 Employer Contribution $76. 84 $1 .00 76. 840 6,704. 710
08/31/1999 Income Reinvest $24. 19 $1 .00 24. 190 6,728. 900
09/20/1999 FiduciaryAl Fee $10. 00- $1 .00 10. 000- 6,718. 900
0912011999 Transfer Of Assets $6,718. 90- $1 .90 6,718. 900- 0. 000
09/20/1999 Income Dividend Cash $16. 45 $0 .00 0. 000 0. 000
Ending Values as of 09/30/1999 0.000 $0.00
More Information from New England Funds
A number of New England Funds received spillbac.k distributions on September 14, 1999. Spillbacks are capital gains and income
realized by some of the Funds during November and December of the previous year - in this case, 1998. For your tax purposes,
spillbacks are considered part of 1999 distributions even though they represent gains and income earned by the Funds in 1998.
W?PU0 mw u., ium qea nru..1.. "n, mn, s 1 91 -'..
I. I
TH&Ungtl7Pd oup.
11111111111111111111111111111$III I I I III III III III, 14 Id of 81111
VFTC TR - SIMPLE IRA
GARY A LUKAES
545 BRITTON RD
SHIPPENSBURe PA 17257-9548
Trade date Transaction
Beginning balance
10/21 1999 employee contribution
10/21 1999 employer contribution
10/21 1999 employee contribution
10/21 1999 employer contribution
10/31 Income dividend
Accl maint fee
11/04 1999 employee contribution
11/04 1999 employer contribution
November 4, 1999
Page 1 of 3
Vanguard Total Bond Market Index Fund
For prompt service when calling please provide your
Statement number: 012540912
(800) 662-2003 - Individual Retirement Services
(800) 662-6273 - Telc-Account
Fund number: 84
Account number: 9936025448
ACCOUNT VALUE On11/04/1999
$ 1,316.98
__ _Dolla amolnt Slate k?r a Shares transacted Total shares owned
103.305
$ 75.00 $ 9.60 7.813 111.118
11.88 9.60 1.238 112.356
75.00 9.60 7.813 120.169
12.24 9.60 1.275 121.444
3.23 9.71 .333 121.777
-2.50
112.50 9.74 11.550 133.327
18.36 9.74 1.885 135.212
Income dividends $ 6.78
YOU CAN REDEEM PURCHASED SHARES AT ANY TIME. YOUR REDEMPTION REQUEST WILL BE PROCESSED
AT THE NEXT-DETERMINED NET ASSET VALUE AFTER IT IS RECEIVED. HOWEVER, WE WILL NOT SEND
YOU THE REDEMPTION PROCEEDS UNTIL THE FUND COLLECTS PAYMENT FOR YOUR PURCHASE.
020097
1- 3
70 DLY 01 3I
IllllllllllllllllllllllllllllllillllllllllllllllllllUllllll?
THftrMuardGROUR
Vl-'IC 'IR - SIMPLEIRA
GARY A I.UKAES
November 4, 1999
Page 2 of 3
Vanguard Total Stock Market Index Fund
(800) 662-2003 - Individual Retirement Services
Fund number: 85
Account number: 9936025448
Statement number: 012540912
ACCOUNT VALUE On 11104/1999
$6,073.99
Trade date Transaction
Beginning balance
10/21 1999 employee contribution
10/21 1999 employer contribution
10/21 1999 employee contribution
10/21 1999 employer contribution
11/04 1999 employee contribution
11/04 1999 employer contribution
Dollar amara _ Share_ ice Shares transacted Total shares owned
155.248
$ 325.00 $ 28.35 11.464 166.712
51.51 28.35 1.817 168.529
325.00 28.35 11.464 179.993
53.07 28.35 1.872 181.865
487.50 30.28 16.100 197.965
79.61 30.28 2.629 200.594
YOU CAN REDEEM PURCHASED SHARES AT ANY TIME. YOUR REDEMPTION REQUEST WILL BE PROCESSED
AT THE NEXT-DETERMINED NET ASSET VALUE AFTER IT IS RECEIVED. HOWEVER, WE WILL NOT SEND
YOU THE REDEMPTION PROCEEDS UNTIL THE FUND COLLECTS PAYMENT FOR YOUR PURCHASE.
2 2- 3 i
020098 70 DIY QI 3 'X
111111111111111111111111111111111111111111111111111111111111111111111111111
uwwq Li,w.'
THMMSUM&ROUPt
VI-'IL; •111 - SIMPLE IRA
GARY A LUKAES
Trade date Transaction
Beginning balance
10/21 1999 employee contribution
10/21 1999 employer contribution
10/21 1999 employee contribution
10/21 1999 employer contribution
11/04 1999 employee contribution
11/04 1999 employer contribution
November 4, 1999
Page 3 of 3
Vanguard International Growth Fund
(800) 662-2003 - Individual Retirement Services
Fund number. 81
Account number: 9936025448
Statement number: 012540912
ACCOUNT VALUE Ontt/04/1999
$1,37120
Dollar amount Share price Stares transacted Total shares owned
---? 52.293
$ 75.00 $ 19.37 3.872 66.165
11.88 19.37 .613 56.778
75.00 19.37 3.872 60.650
12.24 19.37 .632 61.282
112.50 20.24 5.558 66.840
18.36 20.24 .907 67.747
YOU CAN REDEEM PURCHASED SHARES AT ANY TIME. YOUR REDEMPTION REQUEST WILL BE PROCESSED
AT THE NEXT.DETERMINED NET ASSET VALUE AFTER IT IS RECEIVED. HOWEVER, WE WILL NOT SEND
YOU THE REDEMPTION PROCEEDS UNTIL THE FUND COLLECTS PAYMENT FOR YOUR PURCHASE.
2 3- 3
020099 70 ULY OI 3 j
lillll 11111 11111 lilll Ilill 11111 11111 111 ll 1111111 111 11111 1111111 1111 111 1111
(
TI-IEVanguar&Roup.
November 5, 1999
Page I of 1
Vanguard Prime Money Market Fund
For prompt service when calling please provide your
VFTC TR - SIMPLE IRA Statement number: 012540912
GARY A LOKAES
545 BRITTON RD (800) 662-2003 - Individual Retirement Services
SIIIPPENSBURG PA 17257-9546 (800) 662-6273 - Tele-Account
Fund number: 30
Account number: 9936025448
ACCOUNT VALUE _ On 11/05/1999
$ 440.11
Trade dale _ Transactbn
Beginning balance
10/22 1999 employee contribution
10/22 1999 employer contribution
10/22 1999 employee contribution
10/22 1999 employer contribution
10/31 Income dividend
1 t /05 1999 employee contribution
11/05 1999 employer contribution
Dollar amount _
_ _ Share Qrbe Shares transacted Total shares owned
336.900
$ 25.00 $ 1.00 25.000 361.900
4.08 1.00 4A80 365.980
25.00 1.00 25.000 390.980
3.96 1.00 3.960 394.940
1.55 1.00 1.550 396.490
37.60 1.00 37.500 433.990
6.12 1.00 6.120 440.110
Income dividends $1.69
---------------
YOU CAN REDEEM PURCHASED SHARES AT ANY TIME. YOUR REDEMPTION REQUEST WILL BE PROCESSED
AT THE NEXT-DETERMINED NET ASSET VALUE AFTER IT IS RECEIVED. HOWEVER, WE WILL NOT SEND
YOU THE REDEMPTION PROCEEDS UNTIL THE FUND COLLECTS PAYMENT FOR YOUR PURCHASE.
2 1' I
I
nI61Ci6 I II 4045 DIY O1 $IIX
IIIIIII IIIIIIIIIIIIIIII IIIIIIIIIIIIIVIIIIIIAI IIIIIIIIIIIIIIIII IIIIIIIY
TFIEV`anguar&Roup.
V1''I'C - CUSTODIAN 110111 IRA
GARY A LUKACS
Trade date Transact_bn _
Balance on 12/31 /1998
1/11 1999 employee contribution
1/11 Custodial fee paid
Custodial fee
2/16 1999 employee contribution
3/24 1999 employee contribution
3/26 Income dividend .27
Acct maint fee
3/26 ST cap gain .035
3/26 LT cap gain .42
4/05 1999 employee contribution
5/24 1999 employee contribution
6/25 Income dividend .38
Acct maint fee
6/28 1999 employee contribution
8/09 1999 employee contribution
9/20 1999 employee contribution
9/24 Income dividend .35
Acct maint fee
Balance on 9/30/1999
September 30, 1999, year-to-date
Vanguard 500 Index Fund
(800) 662-2739 - Client Services
Fund number: 40
Accountnunlhcr: 5500068576
Statement number: 000038471
Page 3 of 4
ACCOUNT VALUE On 12/31/1998 On9/30/1999
$ 2,347.60 $ 4,456.46
Dollar arrwint_ Share Wks Shares transacted Total stares owned
$ 113.95 20.602
$ 250.00 117.23 2.133 22.735
0.00 22.735
10.00
250.00 115.31 2.168 24.903
250.00 117.95 2.120 27.023
4.80 118.55 .040 27.063
-2.50
0.95 118.55 .008 27.071
11.35 118.55 .096 27.167
250.00 122.12 2.047 29.214
250.00 120.93 2.067 31.281
9.39 121.50 .077 31.358
-2.50
250.00 122.99 2.033 33.391
250.00 120.07 2.082 35.473
250.00 123.74 2.020 37.493
10.62 118.01 .090 37.583
-2.50
$118.55 37.583
INVEST-BY-MAIL _-
Do not alter this slip. VFTC - CUSTODIAN ROTH IRA
Use only to purchase additional shares In: GARY A LUKACS
Vanguard 500 Index Pond 545 BRITTON RD
Fund number: 40 SHIPPENSBURG PA 17257-9548
Account number: 5500068576
Make checks payable to:
Vanguard Fiduciary Trust Company - 40 _ _-_I Check box if changing your address;
1999 Tax year contribution $ I _ note new address on reverse.
3
1999 Rollover $
1999 Custodial fee pail $ xX I XX
Total amount enclosed $
THE VANGUARD GROUP
PO BOX 7800
PHILADELPHIA PA 19101-9892
12 3- 4
17157 2147 1046 M2 17X
0040 05500068576 25
,+11
ThlftnparclwoUR
VFTC - CUS'I10DIAN IRA
GARY A 1.UKACS
Trade date Transaction
Balance on 12/31/1998
6/25 Incomedividend .26
Balance on 9130/1999
September 30, 1999, year-to-date
Vanguard STAR Fund
(800) 662-2739 - Client Services
Fund number: 56
Account number: 9798061378
Statement number: 000038471
Page 2 of 4
ACCOUNT VALUE 002/31/1998 On 9/30/1999
_ - _- --?- $ 22.470.19 $ 22,821.16
Dollar arnouit Share rake Shares transacted Total shares owned
$ 17.96 1,251.124
$ 325.29 18.67 17.423 1,268.547
$17.99 1,268.647
Income dividends $ 325.29
1999 contributions $ 0.00
1998 contributions 0.00
1999 distributions 0.00
I N V IEST-BY-MA I L
Do riot alter this slip.
Use only to purchase additional shares in: VFiC • CUSTODIAN IRA
Vanguard STAR Fund GARY A LUKACS
LU
Fund number: 56 545
N RD
Account number: 9798081376 SHIPPENSBURG PA 17257-9548
Make checks payable lo:
Vanguard Fiduciary Trust Company - 56
-- -- --- ? Check box if changing your address;
1999 Tax year contrWion $ note new address on reverse.
1999 Rollover $
1999 Custodial fee walked $ XX XX
Total amount enclosed $
0056 09798061378 25
THE VANGUARD GROUP
PO BOX 7800
PHILADELPHIA PA 19101-9892
12 2- 4
167156 2147 104B M2 17X
1111111 IN 111111111111111111111111111111111111111111111111111111111111111
Page 1 '
January I, 1999 - Seplemlser 30, 1999
AT 01 515660 9789582932A"3DGT
noll111111111loll IIIII111111111111111111 11111, FTTC CUST FOR THE IRA OF
GARY A LUKACS
545 BRITTON RD
SHIPPENSBURG PA 17257-9548
Mutual Shares Fund - Class Z
Shore Codo-Account #: 074.3216931000
Distri6vtions: Divi,kscds Roirneded, Capital Gains P.einvooocl
Certificate Shares Held 6y You: .000
Asset Summary Numbers 00488770
No Dealer of Record
Year-to-date Summary
Income Dividends:
Long-Term Capital Gains:
$53.13 Current Year Retirement Contributions:
$355.05
$0.00
Account Transactions
Dollar Share Total
Date Transaction Amount Price Shores Shares
BALANCE FORWARD 01 /01 /99 980.269
06/18/99 INC DIV PER SH 0.0542 53.13 22.17 2.396 982.665
06/18/99 LT CAPGN PER SH 0.3622 355.05 22.17 16.015 998.680
ACCOUNT VALUES $20,383.06 AT $20.41 PER SHARE AS OF 09/30/99
Mutual Series' own Peter Langerman
Peter langermon chief executive officer, was I
figures. See the Sreptember 1999 issue of Smo
Please make check paya6le to this fund:
Mutual Shares Fund - Class Z
Share Code-Account #s 074.3216931000
FTTC CUST FOR THE IRA OF
GARY A LUKACS
545 BRITTON RD
SHIPPENSBURG PA 17257
Check here and complete reverse
side if changes are necessary for.
Address
Distribution Option
' Social Security/TIN
Power Brokers for 1999, a ranking of the financial industry's most influential
Call 1.800/DIAL BEN@ for more deposit slips.
$ Current Year PUR
Contribution (07/03)
$ Rollover PUR
Contribution (22/11)
Franklin Templeton Trust Company
C/O FTISI Retirement Plan Operations
PO BOX 997153
Sa, nto CA 95899-7153
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FUND
Combined Statement for:
07/01/1999 to o9/30/1999
P.O. Box 10048
Toledo, OH 436WO(Wg
800.422.1050
0096905 01 A5 0.970 --AUTO He 1 1041 17267.264UB 100095460 AD
Irr111L,,LJddrhL,rlLlrrdd,dr11L11r11„hLLrrllrl
SSBBT CUST FBO IRA OF
GARY A LUKACS
545 BRITTON ROAD
SHIPPENSBURG PA 17257.9548
Portfolio Summary
Beginning Account Ending Shares
Value 07/01/1999 Owned
Total Market Value $12,639.09
Distributed by HCA Securities, Inc, one SaaCate, Toledo, oil 41666
Invam imis by Mail and/or
Carradon9 so Account ImUmadon
SSB&T COST FBO IRA OF
GARY A LUKACS
545 BRITTON ROAD
SHIPPENSBURG PA 17257-9548
HARBOR FUND
Portfolio Name
Account Number
14550855940
Tax Identification Number
145.50.8559
Month End Ending Account
NAV Value 09/30/1999
Intl. Growth
$ •
?
Intl 11 $- 0
Inlcrn.91Whal $
(Ilerba IntemlikbU filed : ?;
Id!eWeed io mr :arcoppbj ... : ........ :
Growth
$_ •
E1
Cap Apprec. $ ?
Value $ ?
Bond $_ ?
Short Dur. $ ?
Money Mkt. $_ 11
Please check this box and complete
the reverse side to change your
address or to correct your name.
• Please mark the box if the fund you
have selected is to be established as e
new account with this invcstmem.
Percent
of Total
$12,757.28 100.00
Continued on Bads
Rxampt from SIPc a stabarabip':
h?
4L
Account Number: 14550855910
For IRA investing, include tax yo
of contribution: 19
Rollover amount: $
(consider carefully - irr
Make check payable to-
Harbor Fund
mail to:
Harbor Transfer, Inc.
P.O. Box 10048
Toledo, OH 436994)048
Strong Advantage Fluid
1999 Third Quarter: 07101 Through 09130
FIRSTAR TRUST COMPANY CUST
GARY A LUKACS SEP IRA
545 BRITTON RD
SHIPPENSBURG, PA 17257--9540
STRONG FUNDS
P.O. Box 2936
Milwaukee, Wisconsin 53201
1-8003683863
Strong netUirect•
wwwstrongfundacotn
Strar+g Direct'
Quotes 1.800.368-3550
Balances 1.800.3685550
Transactions 1.800368.7550
Arrnunl Numher: 031-3100316629
Slalemeul Croup 11): 0111028729
To lear•a nitre db0ut incexting for retirentent, ri.cil +rt<+r.llraltRr/'eutd..cont today!
INCOME SUALIIARY 17ELU SUAWARY
Dividends and KAe, IToin Long-Tolls
_
_ Peli.vl ('upilul (iuinv Copillll Uuins Pup' Penod F.'nding 09199119.99
- Quarter-To-Date $82.45 $0.00 30-Day Current Yield 6.45%
Year-To-Date $240.05 $0.00
'.So., ve(nv to hells s„nima)' on pel'eme side
ACCOUN7' AC74V171'
Uell,p' .Shme Slimes This Tolal Shanks
Mile Tllmsfa lion amount I'll,.. Ply"'s",'lion 01171rd
08/30 Beginning Balance 5872.05 9.93 871.203
07/30 Dividend Reinvest 26.48 9.92 2.669 573.872
08/31 Dividend Reinvest 25.85 9.89 2.614 576.486
09/24 Annual Maint Fee 10.00 9.90 1.010 575.476
09/30 Dividend Reinvest 30.12 9.90 3.042 578.518
09/30 Ending Balance 5727.33 9.90 578.818
Strong Advantage Fund
Additional Investment Form
To add to your Strung Flmrls aecounl, enclose this
/inm i dth Your rhveh payable to "Rn'one Funds."
The minimum additional inoastment is $50 except
far the Helilage 31oney Fund, which is $1,000.
Changing your address and/or phone 1111016(71•!
,?...;'. please point ,1'ol//'sere illfo,nlulioa on this fouls and
1.011171 it la us at the address below.
STRONG FUNDS
P.O. Box 2936
.I
® Milwaukee, Wisconsin 53201
0093100316620315069310031662
_ }bur A, rount V5lmber Amount Ilelrlg Invested $
I/ this is an IRA iccorint, pleoxe indicule the Ins year of Your
ronilibution:IRA Rollover Cenlribution' aYes
FIRSTAR TRUST COMPANY CUST
GARY A LUKACS SEP IRA
545 BRITTON RD
SHIPPENSBURG, PA 17257-9548
267 Page 4 of 4 6199.01.31786
Shareholder Statement
Jaulfco. , /, /1998 -,SCMenibc'1,30, 1998
I'il?c )
111111)Irl)II)111111111r11111911111r1111111111 r 1, 11111)1. I))1) r 1 1
INV I IU11t'IAIO' IRI ISI 111( 'II,SI
IkA AW CARY A I I IKACS
51i 1110 I PIN IN RI)
SIIII'I'I1NSI1Nk0 I'A 17237-9i.18
"A Fund for sill Seasons„
Markel iolaljlitx is nesercontforiable. But the Berger Balanced Fund
mac help cushion file niarket's inesileble ups and dmt its.
Bs investing in grmTils .clnelcz a jib It huI'rer of bonds,
our Fund Is designed to neathcr it raricly of market conditions.
The Berger Balanced Fund cam help discrsily pour inlestmeells
and might make perinds of mariket jokalikilc just a little easier.
Before imcsting, please read tour prospectus for more complete details
including risks, rues and expenses. Call (800) 551-5849 for more information.
Account Summary
Retirement Accounts
Berger One Hundred Fund
Tage1114r "r an
MM n nltlm•
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Value as of 11
F Total Purchases $4,868.99 Fund Number 43
. Total Withdrawals $0.00 Account Number 1001847181
./-Change In Value $0.00 Account Opened 01/27/92
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= Value as of 09/30/98 .
$4,073.03
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Berger One Hundred Fund
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Date Description of Shares Share
x Price Dollar
= Amount Total
Sh Fund Number 43
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01/01 Beginning Balance $13.45
$4
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99
339
702 Type IRA
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. . Year to Dale Distributions
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Account Value as of 09/30/98 $11.99 $4,073.03 339
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NORMA J. LUKACS
Plaintiff
V.
GARY A. LUKACS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.99.5892 CIVIL TERM
IN DIVORCE
ORDER
AND NOW on this y day of 40 6A*l , 2000, the Marital Settlement
Agreement of the parties dated February 9, 20000 is incorporated into the Final
Divorce Decree entered by this Court on February 23, 2000.
By the Cc
J.
O
f I ' 0?LDs
tpe 3'
NORMA J. LUKACS
Plaintiff
V.
GARY A. LUKACS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5892 CIVIL TERM
IN DIVORCE
PETITION TO INCORPORATE
AND NOW COMES Petitioner, Norma J. Lukacs, by her counsel, Andrea C.
Jacobsen, and petitions this court to incorporate the Marital Settlement Agreement
of the parties into the final divorce decree entered in this matter and represents in
support hereof as follows:
1. On February 9, 2000, the parties entered into a Marital Settlement
Agreement which resolved all economic claims related to the divorce of the parties
and provided in the event of divorce, "that the terms of the Agreement shall be
incorporated into the final divorce decree and shall constitute a settlement of all
claims related to the divorce action." See Paragraph 3, page 2 of the attached
Marital Settlement Agreement.
2. On February 23, 2000, a decree in divorce was entered in this
matter. A copy of the Marital Settlement Agreement was filed with the Court, but
the Decree in Divorce did not provide for the incorporation of the parties'
Agreement.
3. It is the wish of both parties that the Court incorporate the
Agreement into the final decree in this matter. James J. Kayer, Esq., counsel to
Gary A. Lukacs, concurs in this Petition.
WHEREBY, Plaintiff requests this court to enter an order incorporating the
Marital Settlement Agreement of the parties dated February 9, 2000, into the final
divorce decree.
Respectfully submitted,
q?s?
ANDR . JACOBSEN, Esquire
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney for Plaintiff
NORMA J. LUKACS : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99.5892 CIVIL TERM
GARY A. LUKACS, : IN DIVORCE
Defendant
CERTIFICATE OF CONCURRENCE
The undersigned hereby certifies that on MQ"ch 2 a2 M) she contacted
James J. Kayer, Esq., counsel for the Defendant, for concurrence in the foregoing
Petition to Incorporate. His concurrence was obtained.
DateM4'Z°mo
Respectfully submitted,
L ??
BY: Andrea C. Jacobsen, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 20952
x"
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"`=lea
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
1
NOWA LUKACS
N O. 99-5892
Plaintiff
VERSUS
GARY,7A. LUKACS,
Defendant
DECREE IN
DIVORCE
at 1:18 p.m.
AND NOW, February 23 , 2000-, IT IS ORDERED AND
DECREED THAT Nora J. *.acs , PLAINTIFF,
AND Gary A. Lxikacs , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
There are no related claims pending.
BY THE COURT:
/B/ Edward E. Guido
J.
ATTEST:
• PROTHONOTARY
CERTIFIED COPY ISSUED FEBRUARY 24,?2000???
THIS AGREEMENT is made this -9*- day of FebNOELL 2000, by and
between NORMA J. LUKACS (WIFE) and GARY A. LUKACS (HUSBAND);
WHEREAS, the parties hereto were married on October 24, 1987; and
WHEREAS, no children were born of this marriage; and
WHEREAS, differences, disputes and difficulties have arisen between the
parties and it is therefore their intention to live separate and apart for the rest of
their lives and to settle fully and finally their financial and property rights and
obligations between each other.
NOW, THEREFORE, the parties hereto, intending to be legally bound
hereby, agree as follows:
1. LEGAL ADVICE AND VOLUNTARY EXECUTION OF AGREEMENT
WIFE and Husband each acknowledge that she and he have obtained, or
have had the opportunity to obtain, independent legal advice from counsel of her
or his selection, and that each have determined to complete this Agreement. The
parties acknowledge that WIFE has been represented by Andrea C. Jacobsen, Esq.,
JACOBSEN & MILKES, and that Husband has been represented by James J. Kayer,
Esq., KAYER & BROWN, with regard to this agreement.
Each party acknowledges and accepts that this Agreement is in the
circumstances, fair and equitable, and that it is being entered into freely and
voluntarily. Each party hereby confirms that he or she fully understands the
terms, conditions and provisions hereof and believes same to be fair, just,
adequate and reasonable under the existing facts and circumstances. The parties
further declare that each is executing the Agreement freely and voluntarily,
without duress, undue influence or coercion, having either obtained sufficient
knowledge and disclosure of the wealth, property, estate and income of the other,
and their respective legal rights and obligations; if counsel has not been
consulted, the right to do so is expressly waived.
2. SEPARATION AND NON04TERFERENCE
It will be lawful for each party at all times hereafter to live separate and
apart from the other at such place or places as he or she may from time to time
choose or deem fit. Each party shall be free from interference, authority and
control, direct or indirect, by the other, as fully as if he or she were single and
unmarried. Neither shall bother the other or compel the other to cohabit or dwell
with him or her.
3. SUBSEQUENT DIVORCE
The parties acknowledge a divorce action seeking the dissolution of their
marriage is currently pending in the Court of Common Pleas of Cumberland
County at Lukacs v. Lukacs, No. 99-5892 Civil Term on the grounds of
irretrievable breakdown of the marriage. The parties acknowledge their intention
to execute simultaneously herewith affidavits of consent and such other
documents as may be needed for the entry of a final decree in the divorce action.
The parties hereby agree that the terms of this Agreement shall be incorporated
into the final divorce decree entered by the Court and shall constitute a
settlement of all claims related to (lie divorce action.
4. EFFECTIVE DATE
This Agreement shall be effective on the date above first written.
5. MARITAL DEBTS AND OBLIGATIONS
WIFE hereby agrees to assume full responsibility for, and to hold
HUSBAND harmless with regard to the following items of outstanding joint
marital debt:
a. Mortgage loan from Sovereign Bank with approximate current
balance of $66,000.
b. All credit card obligations in WIFE's name.
C. All student loans incurred during the marriage.
HUSBAND hereby agrees to assume full responsibility for, and to hold
WIFE harmless with regard to the following items of outstanding joint marital
debt:
a. All credit card obligations in HUSBAND'S name.
Each of the parties covenants and agrees that to his or her knowledge,
except as otherwise provided for herein, all other joint debts and obligations have
been satisfied and they have no joint debts or obligations. Each party further
agrees that neither he nor she will any time in the future incur or contract any
debt, charge or liability for which the other party, or her or his property or estate,
might be responsible and each of them further covenants at all times hereafter to
keep the other free, harmless and indemnified of and from all debts, charges and
liabilities hereafter or heretofore contracted by them except as herein provided.
6. REAL PROPERTY
WIFE and HUSBAND hereby acknowledge that they jointly owned a house
and real property located at 545 Britton Road, Shippensburg, Cumberland County,
Pennsylvania, 17055. The parties acknowledge that since September 23, 1999,
Husband has enjoyed exclusive possession of the marital residence, but the
parties have shared the expenses of the household.
HUSBAND agrees to convey his legal interest in the property and to execute
a deed in order to transfer his interest in the property to WIFE upon notice of a
settlement date for refinance of the mortgage obligation. The parties agree that
such settlement date shall occur on or prior to February 16, 2000, or such later
date as may be necessitated by reason of WIFE's financing.
The parties agree that the cost of transfer shall be shared equally between
the parties. The parties agree that any refund of escrow , including prepaid
taxes and homeowners insurance, shall be divided equally between the parties.
The parties agree that notwithstanding the transfer of title of the premises,
HUSBAND shall continue to enjoy exclusive possession of the residence until the
completion of his new residence on or about March 1, 2000. HUSBAND agrees
that he shall be solely responsible for all expenses of the household incurred
during the period from February 1, 2000, through the date that he vacates the
premises. Such expenses shall include, but not be limited to, any and all
mortgage obligations, taxes, insurance, utilities, maintenance and upkeep. The
mortgage obligations shall include any mortgage payments due from 'WIFE on a
refinanced loan during the period of HUSBAND's residency. HUSBAND hereby
specifically agrees to indemnify and hold WIFE harmless with respect to any of
these related obligations pertaining to the subject property.
At such time as WIFE assumes exclusive possession of the marital home,
she shall become responsible for all obligations for the property. WIFE hereby
specifically agrees to indemnify and hold HUSBAND harmless with respect to any
of these related obligations pertaining to the subject property.
The deed shall be delivered to WIFE's attorney upon the agreement that it
shall not be recorded until WIFE's attorney can certify that all steps have been
taken to satisfy the existing mortgage or to remove HUSBAND's name from the
obligation.
7. PERSONAL PROPERTY
Except as provided for within this agreement, the parties acknowledge that
there has been distribution between them of their items of personal, tangible and
intangible property, including furnishings, household goods, etc., and they agree
that the division thereof is to their mutual satisfaction. Each of the parties shall
hereafter own and enjoy, independently of any claim or right of the other party,
all items of personal, tangible and intangible property now or hereafter owned or
held by her or him with full power to dispose of the same effectively and for all
purposes as if she or he were unmarried.
The parties acknowledge that HUSBAND shall release all interest, title or
claim to the 1996 Nissan Altima vehicle held in the joint title of the parties, and
he agrees to transfer title to WIFE within thirty (30) days of the date of the
effective date of this Agreement. Thereafter, the vehicle shall be the sole and
separate property of WIFE.
The parties acknowledge that WIFE shall release all interest, title or claim
to the 1997 Honda Civic vehicle held in Husband's name, and the vehicle shall
hereafter be the sole and separate property of HUSBAND. The parties agree that
any expense incurred in the transfer of the vehicles shall be shared equally
between them.
8. PENSION, RETIREMENT AND OTHER EMPLOYEE BENEFITS
HUSBAND and WIFE acknowledge that they have interests in certain
qualified retirement funds and accounts, which includes marital and non-marital
property. The parties agree that those funds shall be retained by the title holder
of those accounts as follows:
HUSBAND shall retain full title, interest, and claim to his Regular, Roth, and
Simple IRA accounts, as more fully identified on Exhibit A hereto. WIFE hereby
forever waives and relinquishes any right, interest or claim that she might have
otherwise in HUSBAND's listed accounts and any other pension, retirement,
deferred income or employee benefits plan to which HUSBAND may be or may
become entitled.
WIFE shall retain full title, interest and claim to her Regular and Roth IRA
accounts, as more fully identified on Exhibit A hereto. HUSBAND hereby forever
waives and relinquishes any right, interest or claim that he might have otherwise
in WIFE's listed accounts, or any other pension, retirement, deferred income or
employee benefits plan to which WIFE may be or may become entitled.
9. PAYMENT TO WIFE
As a means of distributing the financial interests of the parties, WIFE and
HUSBAND agree to divide their joint non-qualified financial assets between them
with WIFE receiving the sum of FIFTEEN THOUSAND DOLLARS ($15,000) at the
time of the execution of this Agreement, plus one half (1/2) of the jointly owned
Orrstown Bank stock, being approximately 112 shares (Yz of 224) with market
value of approximately $39.50 per share, and HUSBAND retaining the balance of
the joint non-qualified financial assets.
10. PETS
The parties will agree to each take some of their pet animals according to
their mutual agreement. The parties agree that they may each take the other's
animals to their respective homes for one weekend each month from Friday
evening to Sunday evening with the hours and details of transfer to be worked
out by mutual agreement of the parties.
HUSBAND agrees that WIFE may also take their pet dog, Harrison, one time
each month, to pet therapy visits with the hours and details to be worked out by
mutual agreement of the parties. WIFE agrees to maintain liability insurance
covering any damage that may be done by Harrison during all visits. WIFE agrees
to present evidence of such insurance to HUSBAND.
The parties further agree that in the event that either of them is unable to
care for the pets that he or she has taken, the other party will be offered the
opportunity to care for them.
11. DISABILITY INSURANCE
The parties acknowledge and agree that they are each covered by disability
insurance and shall assure that such insurance shall remain in effect.
12. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY
WIFE and HUSBAND do hereby waive, release, discharge and give up any
rights which either may have against the other to receive spousal support,
alimony pendente lite, alimony or other post divorce maintenance or support.
From the execution date of this Agreement, it shall be the sole responsibility of
each party to sustain himself or herself without seeking any support from the
other.
13. TAXES
The parties agree that they shall file their federal and state income tax
returns jointly for calendar year 1999, and shall split evenly any taxes owed or
any refund due. Parties agree that they shall cooperate as necessary including
sharing such information and such documentation and executing such additional
documents as may be appropriate to satisfy the intent of this paragraph.
14. ATTORNEY FEES, COURT COSTS
Each party hereby agrees to be solely responsible for his or her own
counsel fees, costs and expenses. Neither shall be seeking any contribution
thereto from the other party except as otherwise expressly provided herein.
15. MUTUAL RELEASE
HUSBAND and WIFE do hereby release each other from any other claims
with respect to the marital and non-marital assets of the parties, except as
provided under this Agreement. Additionally, each party hereby releases any
interest that he or she may have in the estate of the other. Except as provided for
in this Agreement, the parties hereby remise, release, quit-claim and forever
discharge each other and the estate of each other, for all time to come, and for all
purposes whatsoever, from any and every claim, including alimony, alimony
pendente lite, equitable distribution of marital property, counsel fees or costs
under the Divorce Reform Act or spousal support, or otherwise, that they make or
hereafter make in and to or against each other's estates or any parts thereof,
whether by way or dower or curtesy, or under the intestate laws, or the right to
take or elect against the other's will, except only such rights as accrue pursuant to
this Agreement.
16. MUTUAL COOPERATION
HUSBAND and WIFE shall mutually cooperate with each other in order to
carry through the terms of this Agreement, including but not limited to, the
signing of documents.
17. AGREEMENT BINDING ON HEIRS
This Agreement constitutes the final agreement of the parties and is
binding upon their heirs, assigns and successors in interest.
18. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth
of Pennsylvania
19. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties, and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
20. BREACH OF AGREEMENT
In the event that either party breaches any provision of this Agreement or
fails to timely perform his or her obligation under this Agreement, she or he shall
be responsible for any and all costs incurred to enforce the Agreement, including,
but not limited to, court costs and counsel fees of the other party. In the event of
breach, the other party shall have the right, at her or his election, to sue for
damages for such breach or to seek such other and additional remedies as may
be available to her or him.
the day first above written.
HUSBAND and WIFE acknowledge that multiple
copies of this Agreement have been executed and each party has received a duly
executed copy hereof.
1 W1i1tnnes
Witness
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of
Alma ?' A-0 ,649
ORMA J• UKACS
4V A GARYS?
COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF CUMBERLAND SS
On this, the ?r1 day of February 2000, before me appeared NORMA J.
LUKACS, known to me, (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF CUMBERLAND ; SS
On this, the 4th_ day of February 2000, before me appeared GARY A.
LUKACS, known to me, (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed the
same for the purposes therein contained.
IN WI NE OF, I hereunto set my hand and official seal.
Ii1?GtYY?f?-?
Y PUBLIC
NOTARIAL SEAL
DENISE PINAMONTI. Notary PubgC
Cediale Borough, Curnbedand County
M Commission Ex M5 Nov. 20, 2000
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
1001 M A, Lu-IC2?s
Plaintiff
Vs.
C-? A , Lu L'a?s
U Defendant
File No. 91?- ' 99 of
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff /Defendant in the
above matter, having been granted a Final Decree in Divorce on the
day of F-640 .14";UDD, hereby elects to resume the
prior surname of Q 1 Bari k U , and gives
this written notice pursuant to the provisions of 54 P.S. S 704.
DATE: a. X-L- '
-r S gnature
Signature o name being resumed
COMMONWEALTH OF PENNSYLVANIA:
. SS.
COUNTY OF CUMBERLAND
On the ? day of34' before me, a
Notary Public, personally appeared the above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
seal.
In Witness Whereof, I have hereunto set my hand and official
a/
NUiAMAL SEAL
PATM.014 A 111A7i0. Nulary Public
Carrisln Oom Cumberland Counly
MY CommiM,0?i Falnrn O1c6m6er 17.2001
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