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Home My WebLink About99-059771 ;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ? r WILLIAM L. GLACE. Plaintiff N O, 99 VERSUS LIIIDA S, BLACE, Defendant DECREE IN DIVORCE & q j0,4 AND NOW, IT IS ORDERED AND DECREED THAT illiam L. Blace PLAINTIFF, AND Linda S. Blace 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; None; the terms of the parties' Property Settlement Agreement dated June 19, 2002, and attached hereto are incorporated herein, but not merged herewith. ?.?ti a4 DALEY LAW OFFICES 1029 SCENERY DRIVE HARRISBURG, PENNSYLVANIA 17109 (717) 657.4795 AGREEMENT BETWEEN LINDA S. BLACE AND WILLIAM L. BLACE Kathleen Carey Daley, Esquire Maria P. Cognetti, Esquire Counsel for Wife Counsel for Husband ,urc 3,.'J/,] THIS AGREEMENT made this ? y of June, 2002, by and between Linda S. Blace ("Wife") and William L. Blace ("Husband"). WITNESSETH: WHEREAS, Linda S. Blace, Social SecurityNumber 165-40-5016, was bom on September 25, 1948, and currently resides at 14 Ashbury Road, Orangeville, Pennsylvania 17859; WHEREAS, William L. Blace, Social Security Number 184-36-6815, was born on June 18, 1946, and currently resides at 857 Mandy Lane, Camp Hill, Pennsylvania 17011; WHEREAS, the parties hereto are Husband and Wife, having been married on September 27, 1969, in Benton, Columbia County, Pennsylvania; WHEREAS, an action in divorce was instituted by Husband against Wife docketed in the Court of Common Pleas of Cumberland County; WHEREAS, the parties, in partial satisfaction of their marital claims executed an Interim Agreement on January 20, 1999, setting a division of certain marital assets and support payments; WHEREAS, such Agreement was interim in nature and specifically provided that all further matters would be resolved by virtue of a further Agreement; NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: I. The Agreement executed January 20, 1999 (hereinafter 1999 Agreement), by and between the parties is hereby ratified and adopted as a permanent Agreement as to all terms and conditions contained therein, except those specifically modified by this Agreement. 2. Wife acknowledges that Husband met his obligations for support by making the payments called for in the 1999 Agreement and that no further payments of support, alimony, alimony pendente lite, or other spousal maintenance shall be due from Husband to Wife, except for an outstanding bonus payment for income prior to June 30, 2002. 3. The parties seek to divide any and all remaining assets that were not finally divided byvirtue of the 1999 Agreement which specifically includes retirement and pension assets. On those issues, the parties agree as follows: A. Wife shall maintain any and all retirement pensions, IRAs, retirement savings and other such assets titled in her name. These items shall be considered Wife's sole and separate property, free from any claim of any nature by Husband and shall include, but not be limited to, all such benefits she received as the result ofher employment with Highmark. B. Husband shall maintain all retirement pensions, IRAs retirement savings and other such assets titled in his name except those specifically transferred to Wife by virtue of this Agreement. Husband agrees to transfer the sum of $227,500 from his Siemens Building Technologies Inc., Landis Division, 401(k) Plan to an IRA account for Wife. The effective date of this transfershall be June 20, 2002 and all market changes including gains or losses from June 20, 2002 until the actual date of transfer shall be calculated in computing the actual amount of the transferred funds. This transfer shall be accomplished through a Qualified Domestic Relations Order and both parties shall cooperate in the prompt execution of all documents required to effectuate this tax free rollover. This rollover constitutes Wife's total claim to Husband's retirement benefits and all other such assets are and shall be Husband's sole and separate property free from any claim of Wife. 4. Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate ofthe 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, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or 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 or the other or by way of dower, courtesy, 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 or 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. 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. 5. 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. Both parties have had the benefit of legal counsel, Kathleen Carey Daley, Esquire, for Wife and Maria P. Cognetti, Esquire, for Husband. Both parties have been advised by their respective counsel of their legal rights in this matter and accept the terms set forth herein as complete and satisfactory to them. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. 94:4? L[? - f WITNESS L A S. BLACE D T WITNES QWILL WBLM:g?-- D TE I MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 9094060 Attorneys for Plaintiff WILLIAM L. BLACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-5977 CIVIL ACTION - LAW LINDA S. BLACE, IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 4th day of October, 1999, by certified mail, return receipt requested, receipt number Z 355 011 777. The Affidavit of Service was filed with this Court on October 7, 1999. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff, on July 14, 2002; by Defendant, on July 11, 2002. 4. Related claims pending: Settled by Agreement dated June 19, 2002. S. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 14, 2002 . Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 11, 2002. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: August 5 '2002 By: A-flla /Z MARIA P. OGNE T , ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attomey for Plaintiff CERTIFICATE OF SERVICE 1, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date 1 served the foregoing Praecipe to Transmit Record by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Kathleen Carey Daley, Esquire DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17109 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: Augusts , 2002 By: ' MARIA P. OGNE I ESQUIRE Attorney I.D. No. 27 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff I_• C 11.1 T ?' c7 r t? ' . r ?J J1?J 11 L r? ? U c _ V _ v U M y 0 Z o w a i h w T Q a a a w O '? N > Y ` ` > o < 0 Z G6?N a I J i w ° w 1 J O F a 1 W ¢ ¢ W O ir J a a m CO N o: a x MMKI(G•(OGG I(Y•tG [f I[G•?G tGl[Y atl nuo(w+vem non GG.IS?n M 1.11 m COSY Cumberland Lt>wonRABN or TtlwnwFA wumortaluoN FRCE RECORD OF (CHECK ONE) ? HUSBAND B7ATE "E TAIMBEII surf NLE DArE i FIESIDE7ICE IVilliun S:1 alLD L. Blace BmN June 18, 1946 857 hand . lane, aimp Bill CAX Bau s}.y, Covy (<'Iunm?e?repiT ?°o n1L PA &i a PLACE (s?.?ro.aY?,.n a , u y, PA 4 Tws' ! Y MITE T. Usm OCCUmrlON MAPJUNZ 1 BACK onirA(Epo&h © ? ? I'nyineer WIFE L MA OGJ u lE POP Crawford Linda 11 S Rr0 Bla l a ONE (Wry IGM L RESIDENCE 57nN nr A0. . dX Ara a 7T Carry c( snr m Ba September 25, 1948 19 1°alcon Court, hlechanics burq, Cund)Crland County. PA 11. MACE °F. nn (sm a7o.?cy?rr li NUMBER - A. RACE "^ .. THts AOE MMAAPA 1 WIVTE BLACK OTHER ISpNlX 14. USUAL OOGlPAiION ? ? ? Secretary SL MACE OF F °?YI! M (5NY a 7nw0 Cwtl/7 I& y r MARIWOE Benton, Columbia Co., RA TM l r y fDM /7A NUMBER OP $TO. NUMBEROFDEKNDEW 1t RAY(fIFF MATaBAOE SCI)t. 27, 1969 = THIS 2 CHILDREN UNDER 16 . NUSDAND Y(rE OTNEA rp M 10 IT. IDECREE GRANTED 10 O W 0T11E11 -- mrc 6PIf7 CUSTODY OTWA - - -- CUSTODY OF 0 ? ? ? ? n. D(D^a m#aAw-w 1301 (c) or 33n](d) of fbnK,.9tiC Relations Cnd,? x 51ONATURE OF 77VURSCRNn10 CLEM WILLIAM L. BLACE, Plaintiff VS. LINDA S. BLACE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. W 5`177 Cd,;-Q TfM 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 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, 1 Courthouse Squ.re, Carlisle, PA 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 (717) 249-3166 98-62312930-1 WILLIAM L. BLACE, Plaintiff VS. LINDA S. BLACE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is William L. Blace, an adult individual who resides at 857 Mandy Lane, Hampden Township, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Linda S. Blace, an adult individual who resides at 19 Falcon Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 27, 1969, in Benton, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Defendant is not a member of the armed forces of the United States or any of its allies. 7. The Plaintiff avers that the marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. The Plaintiff does not desire counseling. 9. Plaintiff avers that there were two (2) children born of the marriage, Ryan C. Blace and Amanda M. Blace, both of whom are adult individuals. 10. Plaintiff requests the Court to enter a Decree of Divorce. Date. f/2 -4 S CALDWELL & KEARNS By Charles ?'. DeHirt, III, Esquire 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 I. D. #15617 Attorney for Plaintiff VERIFICATION I, WILLIAM L. BLACE, verify that the averments made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: d?Q7 Zy I1h q W LO 11 WILLIAM L. BL E 98-627/2970-1 i ;j WILLIAM L. BLACE, IN TI IE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5977 V. LINDA S. BLACE, CIVIL ACTION - LAW Defendant 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the 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 (717) 249-3166 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attomevs for Plaintiff WILLIAM L. BLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5977 V. CIVIL ACTION - LAW LINDA S. BLACE, IN DIVORCE Defendant AMENDED COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, William L. Blace, by and through his attorney, Maria P. Cognetti, Esquire, and files this Amended Complaint in Divorce , and in support thereof avers as follows: Plaintiff is William L. Blace, an adult individual who resides at 857 Mandy Lane, Hampden Township, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Linda S. Blace, an adult individual who resides at 19 Falcon Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 27, 1969, in Benton, Pennsylvania. The Defendant is not a member of the armed forces of the United States or any of its allies. 6. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. COUNT I - DIVORCE Plaintiff avers that the grounds on which the action is based are as follows: (a) The marriage is irretrievably broken; (b) Plaintiff and Defendant have been living separate and apart for a period in excess of two (2) years. COUNT II - EQUITABLE DISTRIBUTION 8. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a decree of divorce; b. Equitably distribute all property, both personal and real, owned by the parties; C. Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: August 17, 2001 By: ? 'CTS MARIA . CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, WILLIAM L. BLACE, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. k JA, O WILLIAM L. BLA ' 114 DATE: S / /-7 15 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Amended Complaint in Divorce by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Kathleen Carey Daley, Esquire DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17109 MARIA P. COGNETTI & ASSOCIATES Date: August 17, 2001 By: MARIA P. OGNE T ESQUIRE Attorney I.D. No. 279 4 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff a ?, gyp, MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 9094060 Attorneys for Plaintiff WILLIAM L. BLACE, Plaintiff V. LINDA S. BLACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 99-5977 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 30, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ?UL y 14 t 2n ?) W L L4t,4 I WILLIAM 'L. BL C 1 _ -'C'E 02 AUG -C Gli 9: 00 CUv?3?w ,idU COUP(fY PENNSIIVANA i1 WILLIAM L. BLACE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 99-5977 LINDA S. BLACE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 30, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: oZ By: ?? "/ LIN A S. BLACE, Defendant Social Security No. fh S -?/Q S0/44 >. ?) ??' C i` wS' .;i ._? ?, __ ?'i .:. ?J ?; ? ? ._ . C] u 4' CJ C_l ? r ??? •_.? ? ,1 :? ?! ??s ?,? .J U .`e MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff WILLIAM L. BLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA S. BLACE, Defendant No. 99-5977 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 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 ccpy of the Decree will be swat to me immediately after it is filed with the Protho n ,tar:. 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. t Zt x' Z DATE: J Q l,`t 14 WILLIAM L. B E ur G L, ? A) x CL. J c , ;j c : - c? U WILLIAM L. BLACE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 99-5977 LINDA S. BLACE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(C) OF THE DIVORCE. CODE 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date:___ '??ff?Q oZ By: / I LIN A S. BLACE, Defendant LINDA S. BLACE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, CHARLES J. DeHART, III, ESQUIRE, who, being duly sworn according to law, states that he served a copy of the Divorce Complaint upon the Defendant, Linda S. Blace, pursuant to Pennsylvania Rule of Civil Procedure 1930.4 by mailing to the said Linda S. Blace at 19 Falcon Court, Mechanicsburg, PA 17055, by certified mail, restricted delivery, return receipt requested, said certified mail piece being No. Z 355 011 777; that service of the foregoing was made on October 4, 1.999; and that attached hereto and incorporated herein by reference is the return receipt, bearing the signature of the Defendant, Linda S. Blace, acknowledging receipt of the aforementioned document by the Defendant. Sworn to and subscribed before me this 6t-A day of ddrog-4.2 19099. lot y Pubilc 38-623/3421-1 Coles J. Hart, III, Esquire NOTARIAL SEAL NANCY L. BRESKI, Notary Public Harrisburg, Dauphin County My Commission Expires March 16, 2000 .......... { b .. .COmpIMe W. l&Ww 2 for&dmImW wAN 1ele0 wish to receive the co'Ow' ewn e, k and M. •? Print ? nrru waeamne on the rewN of this form oo eW" cen rwum Oils extrat 9B1vICee for an you 6%178 fee): •Aeetlr tm im m to the ewd of the nW Oew wort er MO a pip dm not app =p?t1, 1. ? Addree6'e Address •WMe•RNwn RecVgppupto M the MiAOM t MWO below ithe w w OW the We 2•?Reetrlcteed Delivery •717 rNrum R•oripl rwt tlrow to nwn the •rtld• wn d ertl the We dwwered. Consult postmaster for lee. 7?, p 3. Artlcle Addteeeed ro: - 4e. Article Number y I MRS. LIUDA s. 84140e z s 01) 777 dp /9 FALCON C004-T 4b. 8eMce Type 5 ? Replatered Arm ?i M*eHrvu"VR61 PA l70SS ? Express Mall p Insured ? COD 8 7. Date of Del 6. R Wed By. (PAnf Name) a F 8. andre fte ( regrresred and r 9. Sipneare: wA nrJ O ? '' . i s Ps Form 71, December 1994 ,.. __. ?: ??r:? s ??- i.' i '' r r ' :? n rr. z niw . ;nri .. U MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909.4060 Attorneys for Plaintiff WILLIAM L. BLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5977 V. CIVIL ACTION - LAW LINDA S. BLACE, IN DIVORCE Defendant SOCIAL SECURITY NUMBERS OF THE PARTIES The social security number of the Plaintiff, William L. Blace, is as follows: 184-36-6815. The social security number of the Defendant, Linda S. Blace, is as follows: 165-40-5016. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: August S , 2002 By: MARIA P. COGNI?7][, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF WILLIAM L. BLACE CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. LINDA S. BLACE NO. 99 - 5977 IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: William L. Blace Maria P. Cognetti Linda S. Blace Kathleen Carey Daley , Plaintiff Counsel for Plaintiff , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 20th day of June 2002 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, George E. Hoffer, President Judge Date of Order and Notice: 4/8/02 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 '.y f i WILLIAM L. BLACE, Plaintiff VS. LINDA S. BLACE, Defendant TO: Maria P. Cognetti Kathleen Carey Daley SEP ] 4 20nif' IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5977 CIVIL IN DIVORCE , Attorney for Plaintiff , Attorney for Defendant DATE: Thursday, August 30, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 11 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 9-1a--61 /(??c?urc Zv ,-It? DATE COUNSEL OR PLAI TIFF (X ) COUNSEL FOR D DANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. WILLIAM L. BLACE, Plaintiff VS. LINDA S. BLACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 5977 CIVIL IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Maria P. Cognetti Attorney for Plaintiff Kathleen Carey Daley Attorney for Defendant A pre-hearing conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 25th day of February 2002, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 1/14/02 E. Robert Elicker, II Divorce Master WILLIAM L. BLACE, Plaintiff VS. LINDA S. BLACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 5977 CIVIL IN DIVORCE fixacuEDUL•ED PRE-HEARING CONFERENCE TO: Maria P. Cognetti Kathleen Carey D * y , Attorney for Plaintiff , Attorney for Defendant A pre-hearing conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 8th day of April, 2002, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 2/20/02 E. Robert Elicker, II Divorce Master r WILLIAM L.BLACE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO.99.5977 CIVIL 19 LINDA S. BLACE IN DIVORCE Defendant STATUS SHEET DATE: AUG S 20 nc:'i'ivirit;5: l r y w / 0 01 - I l Y Gt 1Ih5 ? '4 .02 . D w ?S WILLIAM L. BLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 5977 CIVIL LINDA S. BLACE, Defendant IN DIVORCE TO: Maria P. Cognetti Attorney for Plaintiff Kathleen Carey Daley Attorney for Defendant DATE: Thursday, August 30, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. COUNTY OF CUMBERLAND SS: WILLIAM L. BLACE. Plaintiff V. _LINDA S. BLACE. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5977 MOTION FOR APPOINTMENT OF MASTER AND NOW, JA 17 , 2001, comes the undersigned attorney for the plaintiff and certifies to the Court that the a ve action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The following matters are at issue between the plaintiff and the defendant: (X) Grounds for divorce; () Alimony Pendente lite, ( ) Support; Counsel fees; ( ) Alimony; ( ) Paternity; (x) Equitable distribution of ( ) Custody; property; ( ) Other Service of the complaint was made on the above named defendant on October 4 1999 by certified mail (personal service, publication, etc.) An appearance on behalf of the defendant has been entered by Kathleen C. Daley. Esquire The following attorneys have been interested in other matters arising between the plaintiff and defendant: n/a Contest indicated. - MARIA P COGN T' I. ESQUIRE Attorney for Plainu f AND NOW, >3 _,2001, FL o/? , Esq., is h eby ap13 inted Master in this proceeding to hear the testimony and return the record and a transcript to the Court together with report and recommendation. BY THE COURT: 0? U?. - ?•? -" - ??, ,:: -.?? ?s ;? .-? WILLIAM L. BLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 5977 CIVIL LINDA S. BLACE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this fah day of 2002, the economic claims raised in the proceedings having been resolved in accordance with an agreement dated June 19, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Ge4gi/Ef. o f P J. cc: Maria P. Cognetti Attorney for Plaintiff Kathleen Carey Daley Attorney for Defendant 9-, Cl' a3 v r' O 7 C I L:? l211 f;?lJ JUN-19-02 eG:04 PM ---- we true ?. do { UE11912M.' 17:46 6%M-769-5.:95 PI.VA L'ANI { W VtlX pqt& U_ JUN-19-02 9414% ?M ?.e7 AGREEMENT BETWZEN LINDA & BLACE AND WILLIAM L1 BLACE Tsae 19, ZOO?- r 7 , a IV. 0 I J C O? t ?I ?fi t { 4 it t i it ! Y ? p , .C ?`:: p i `•6'u[r+w[i7RYi.:L iln?a l i r}k s Lr.1.i J'1G..t V ?t r '?f L.:. Z0'd "Idi01 O6/19/100Y 1 r oa rag -• N a3 JUNJ UN^05 PM uLVA D W41Ti Ma Ylua; •. bJUN-9x2 1Ni {S PH ??ly?tb6 T111S AORECMLNT nude No A?day of June, 200, by mW barwsoa 1Jads g. since ("Wlrb") and Wumm L. stage emulbV41. W1TN18S9ETHt W11F1REAS, Lindtt9, DIAON Soaial8aourltyNu1011er 16344. Ol6,wssbuarolt Seilwlbor 25,1043, and cuten* resldas at 14,Aftoy Aond, Oreapytile, penntytvania 17939; W11ER&A9, v?rilltamL. Blue, 800111 SocurityNumbO 124. *681 S, Wstbomoo lung 16, 1946, and cutmntly resides at 857 Mandy Lane, Camp Hill, PmaaylvaNa 17011; WHEREAS, Ow psdia harsto are Husband and WIN hav0ltbarn Married on &ptcmber 27,1969, in Benton, cnhtmbla Cousy, PabuylW IN WHFR ZAt1, an union in divame weal Imtltuted by Husband stainst Wifudociteted in the Court of ComamPleas of Cumberted County; WIDERIAIt, pre parting, is panial a11isfsotion oflbefraAdW claims executed an interim Agreement an Jmusty 90.1999, tatiiot adlvlelea ofeatWn manic! assgu sued support p ym WHEREAS, WchASreelaegtWUintarintill natumWtdspeel8aelyprovldudtltatallfurlher matters wouldbo molved byvlfim ofa &Mer Agnmert; NOW, TH&UPORE, In consideration of the mutual prombes, 481 tarot heroin and tar other good and valuable ednsiderat1cm. WA and Husband. eaph intending to be legally bound ?,ereby sgrool as follows. I . The Almomant rUCO1e4 January 10, t999 (halgingOR 1999 Agtoe1110m). by and between tha plnim is hereby ranted and adopted is a pymlment Agraanlen AS to all terms and donditlons cortlaintd thanln, except thong epeoifieally moditlad by this ADroo J, Wife auknowledga that Husband wet his abUgstleos s at Wpbyye kings ho payrnents called for in the 199399 Agreement ad that no furlhet payments SmUnts lit% or other at outstanding bona, paymmu lbt 1ncoM4 Vdar to lam 90,2002 Husband to Wife, except for 3, The puiles sack to divide any slid all te=Wng assets that were sot finally divided byvirtueof tha I999 Agreomtntwhieh specifically irwludesretirenariondpgnslonaxwou. Onthota Inuua, the pgrties aWU u lbllowa: JUN-19-02 06:05 PM 19h.115/e692 17:45 t;/o-r5g.5'a95 JUN-30-42 44144 Pri ALVA 0 9M17M MD FAx aavi^ls end a Wof wile's Sol* And ?ahalln9alrNalrt?3'WdtllreUremtat such allele tlllw In h.r nsmo, 7fuw itaiu°Nt?1KA aQtu(?t shalltnclude, but?emlepl pwY.f"f ma?yoWmvfanynuurab not be llmht d to all such Yffusbs{¢d her e^1Ploymentwitht{??, bMO tm ghl r"Ved ? n Woreaultother 8• fh4a9td awl M111111 W All rod"en, IlR,y rett x4vinal and otharauch aaaata tilled in htr ) pmatona d to W? by vltlua OfnlU ram 4enj lama a9toapt thoaa apeeitte Alt'eentant. ?Y ?sAtrtarJ Fiuttband brooa to TacMol trwt¦r theannt of$227#5G0 6=1 his SlemonalsWlding ogig lnc,, LAndia Divlaloa, 401(1) plan le an IRA aaooutit forWlfk The eftbctlvedata OIU"z 4in? ah4UbaJuna20, 20117tad In as eomr'OMfmmlung20,20pg ao allmarketehattgeaineladi In eompuUu tho actual amount of tho ttanslbnd d tutufa, nds ranatarahtdl becsloutAtas Order sThis fer shell be aceompLslr lytaugh a Qualified Domestic Reiatf"s rcGldred to aboth ffeettulte thl jit eeo in a:t pee rollover, the prompt execution of all doouhmis ,hkreuch wACta ata and di ,his llw e d`?I'bo Hu ct'>endlt sole and dea aruhemom henaQta hm any claim of WIR p lyopptY eta 4. Patoopt as olhotwlaa eepraq(ypmvlded by thla AsmaA t; A $aohp?J+hatlbyabsolutelyutdta9oondlttonaIIymlalaaandforcvez discharge SteathotandtheeatateofthsethwMrallpyrpoteaAa Saypadplldghir or 16uBatieesw'hichtuthersnsyhyve,ofatsnytime hbvel}lrput,prolont dlsttibudo ?pAOr< matateoanoe, Atimooy pandartte U14 . ? oquilable orolherutea ? Whetb fear,owta,a9tpeegauu{artyagtQr?htorabUga{let?aoanomtc alirloftuae.????aulalthemaNtalrela:teen,M.r...?__..,-- anty.eaetrpt all ..'" as ,014 ttU fit'' a Naitlterpely Wipe alllhdj a 9fd/bq'.J Qq/A /QQ )T1 _l r^1. .. ?? ,• lad obligstlom of t Platlterkrtkabraa No to the cow not 0"t and ? thareoG w ii U4-._ PWW c?4 I , JUN-19-02 06:08 PM 0Gi 1'111°13'1 1:146 %3Nj-75@-5405 JU14-1e-00 a• 14J hM ALVA D SMITH MD FACC diaohergaetheotheremhimother hr uexoo?"".ondJtiotWans,auwandforever And atata &M my and all riOLtr, olslphs, demands or ° ° llaWaone aos ?.pm?y by virtue ol?amatfUirelsdorilwpoftheptttinorathmviae,wbelharnosy at" idiiils o lalms rharoaflerartrift lhoaba,enleuematrellbee11S3odvangerdlaaofwhothsrauah O evlse out of ? femme: er ltrhme ICts, oonhacte, angegemhenta er liabllltn or tits other arbywiyafdowar,coun ay,wldew'eriahU,funnyaxuttpliem:oralmlisr dlowance, or Iutdar the bttoetata laws, atom eight to take yslnet the spousal will, rii,httl ct AL lic I v na ILUme canveyarim by the othara testamentary, or a:! other aria s apotw to ppart Ipate th it dwi wd spatras's mate, witother S naMr the laws afAennsytvanis, any state, oommenwedr}t or tsrrlmry or the the Pdrovlavisionions of of titIyetheraounlrv, ft laaxproaa,[yundemKood, howav?, thetacither es s nleaae nor the subeequaat =try Of a divorce decree srs intended to detbat tha right of eitherpbnyto revolve an y I f A divorce rce d e cr at this death of the other of *high sho or be Is the named benallelary (whether ilia henaftalwy deslgnetiee was made prior or subaaqusnt to mo:ution horeoo, nor to dOm the right of eithaparty to M"olveany tagaey, boqunl ornalduay portion of ihocftes eatale undsrhisorberwill, arts act a persomdrepreaantseiva orsaeoutor If so named try the "I of the athar, whether such wdtl was exaoured prior or subsequam to Ihla Apeement. Wjuuo PAGE 05 P, en v? C' ExCeptfblenYoaueootaWonthrdivomcwhlchaltherpmWnIgyhnva or cldm to havo- end atoapi for the obligalions of the parties oortrained in this ant other b and such rights a are expnalely mMOd hereln, each party gives to the other by the exaautlon of this Aereomnom in abwtuto and unaendttlanal release and dlncharaS. rtom all causes ofeatia u skims, rights ea demands whatsoever, in lawcr In egatW, which sitim party ewe had OF now has sadrut the other. !• the ALAI aetenh Bich ofthelrs Uhucw*jj yao6d and gVlyOMatderedthisA ter gtrteenantaptallof had the benefit of ms, Milldam, and pprovialons thereat Prior to ilgnhtg hinds 80th pants have 10111 wunsol, I4thlaft Betsy lhtay, BaquirA !bc Wife and Marla P. C patti, Bequirc ferRusband, eolhpartluhave 1leprredvisedbytholrrespocilve°otmaeloftheiritjttlrlghw in Ih!a mutar and accept the terns lot ibtth btmdn u eeplnleta and aatWYctory to them. ?:.,["a,h's ?x??9t`I1tl' 90;a "idol %VZ2092 17i4-751-3695 Ph -751-3695 Ol A b SMITH MO F60C PAW O6 P. a& ^+r set tholr heeWmtss a'l1CR>cQi' fate edlpi to be 108111Y bound hereby, the VwUm hereW hsvs seal sells Olt ON deto i+tdlooded blow. WITNB99 ?? DA R I Wl7'N66' 8 `"'-"-- W1LI:CAM 6 t7 T!1 , I t 1 I i?? i / fIy ?l ?, ftt` 3 i• 1 t -.r :' ,',? I I r4,?ifrfil?-?_. / i 1 e?p fly Ii .fir( ! ? ?fe !5: ?y f Pa r11 }tf 341 ??. i.. Wilk :?t?ltk?. .,tz lWnpV?mily kw1[Inm Oiu<tory??kce?W Vkbiny,Vlku ? Rn?W Slnemen, wpl j r MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 9094060 Attorneys for Plaintiff WILLIAM L. BLACE, Plaintiff v. • uws IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5977 CIVIL ACTION - LAW LINDA S. BLACE, IN DIVORCE Defendant PLAINTIFF'S PRE-TRIAL STATEMENT William L. Blace, the Plaintiff, by and through his attorney, Maria P. Cognetti, Esquire, files the following Pre-Trial Statement: TABLE OF CONTENTS 1. Background Information II. Listing of Marital Assets and Debts III. Listing of Personal Property IV. Listing of Non-Marital Assets V. Pensions VI. Income and Expenses VII. Expert Witnesses VIII. Non-Expert Witnesses IX. Listing of Proposed Exhibits X. Proposed Resolution %WtAVma 4wCliem UirMOryVllue NVleWrny,Vllve PICIrW 5191 t%PE ^ 11"2 4 r 1. BACKGROUND INFORMATION A. PARTIES HUSBAND Plaintiff NAME William L. Blace ADDRESS 857 Mandy Lane, Camp Hill, PA 17011 AGE 55 DATE OF BIRTH June 18, 1946 PLACE OF BIRTH Harrisburg, Pennsylvania SOCIAL SECURITY NUMBER 184-36-6815 HEALTH Good EMPLOYER Siemans Building Technologies OCCUPATION Sales LENGTH OF RESIDENCY IN PA Since birth EDUCATIONAL BACKGROUND Engineering degree from Penn State University WIFE Defendant NAME Linda S. Blace ADDRESS 19 Falcon Court, Mechanicsburg, PA 17055 AGE 53 DATE OF BIRTH September 25, 1948 PLACE OF BIRTH Nanticoke, Pennsylvania SOCIAL SECURITY NUMBER 165-40-5016 HEALTH Good EMPLOYER Unknown OCCUPATION Medical Secretary LENGTH OF RESIDENCY IN PA Since birth \WbbVurvlY hwV'li<m UittloryVll¢eHV I«din8\IU+m ? Pinntl Suim?<m wpl 4 r EDUCATIONAL BACKGROUND Medical Secretary Certificate from Thompson Institute B. CHILDREN FAME AGE DATE OF BIRTH CUSTODIAN No Minor Children C. MARRIAGE INFORMATION DATE OF MARRIAGE September 27, 1969 PLACE OF MARRIAGE Benton, Columbia County, PA DATE OF SEPARATION January, 1999 CIRCUMSTANCES OF SEPARATION In house separation, Interim Separation Agreement executed January 20, 1999 D. PRIOR MARRIAGE WIFE none 1HUSBAND none E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES I WIFE none HUSBAND none F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED September 30, 1999 DATE OF SERVICE OF COMPLAINT October 4, 1999 MANNER OF SERVICE OF COMPLAINT U.S. Certified Mail No. Z 355 01 1777 NdtlVUnilyhxK}iem ITIaIwyV14<e-N?Plwdinyl'llLCe-PIn,W SWc lwpd • IIM03 ISSUES RAISED IN DIVORCF. COMPLAINT Divorce under section 3301(c) or 3301(d). DATE AMENDED COMPLAINT August 17, 2001 FILED ISSUES RAISED IN AMENDED COMPLAINT Divorce and equitable distribution DATE OF FILING OF ANSWER None filed AND/OR COUNTERCLAIM ISSUES RAISED IN COUNTERCLAIM N/A BIFURCATION N/A PREVIOUSLY RESOLVED ISSUES Equitable distribution, except pensions. II. MARITAL ASSETS AND DEBTS The following is a listing of the marital assets and debts of the parties: All marital assets and debts, with the exception of the parties' pensions and 401(k) plans, have been equitably distributed between the parties, in accordance with the provisions of the Interim Separation Agreement, dated January 20, 1999, a copy of which is attached hereto as Exhibit "A". ITEM NO. DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS VALUE + ^ 1 ' '?? POSSESSION POSSESSION n.n • s I ? SF 1Qn$,nSt,' i ` r r Ur--s, r•. t.? +5}C . LA Siemans Pension 197,357.00 197 357 00 Plan (as of I/I/99) , . (as of I/I/99) See actuary report attached I.B Signature Benefits 10 169 00 as Exhibit •'B" Pension , . (10/2/98) 10,169.00 See statement (as of 10/2/98) attached as 1.C Highmark 28 887 45 Exhibit "C" Investment Plan , . (1/1/99) 28,887.45 See statement (as oft/1/99) attached as Exhibit "D" 1.D Siemans 401 (k) 233,286.95 233 286 95 (1/1/99) , . (as of 1/1/99) Sec statement attached as Exhibit "E" SWtk;family 18* lItmDirmoryWhmN'Wludiny'alue-Prnnd Smemml wpd ILINI 4 r III. LISTING OF PERSONAL PROPERTY ITEMS RETAINED BY WIFE DESCRIPTION VALUE Distributed as per Interim Separation Agreement See attached Exhibit "A" ITEMS RETAINED BY HUSBAND DESCRIPTION VALUE Distributed as per Interim Separation Agreement See attached Exhibit "A" IV. LISTING OF NON-MARITAL PROPERTY The following is a listing of the non-marital assets of the parties: No. Description Basis of Exclusion Owner 1. Siemans 401(k) Contributions, benefits Husband and appreciation made post separation. 2. Siemans Pension Plan Contributions, benefits Husband and appreciation made post separation. 3. Signature Benefits Contributions, benefits Wife Pension and appreciation made post separation. 4. Highmark Investment Contributions, benefits Wife Plan and appreciation made post separation. \W'b'rmlly hx^[Iim10ieecmry'Clue-WJ'IaWinY'w4ae-P'"Fltl SWV nl%pd II4V2 V. PENSIONS The following is a listing of the pensions of the parties: PARTY DESCRIPTION Husband 1. Siemans 401(k) 2. Siemans Pension Plan Wife I. Signature Benefits Pension 2. Highmark Investment Plan VI. INCOME AND EXPENSES The following is a listing of the income and expenses of the parties: PARTY DESCRIPTION AMOUNT Husband Gross Monthly Income 8,605.33 Net Monthly Income 5,566.94 Monthly Expenses 4,640.00 Wife Gross Monthly Income Unknown Net Monthly Income Unknown Monthly Expenses Unknown kftblmul)luvl(11m1ITirt1oryV11¢aNV9nJinyNllae P/tlnd Slalmienl aryl y A . VII. EXPERT WITNESSES The following is a listing of the anticipated experts who will be called to testify in this case: 1/4Nl I NAME SUBJECT TO TESTIMONY I Harry M. Leister, Jr., F.S.A. Valuation of Husband's Pension Plan l Additional experts who may be called to testify are not known at this time. If such additional experts are retained, the Plaintiff reserves the right to call them as witnesses upon proper notification to the Defendant. VIII. NON-EXPERT WITNESSES NAME SUBJECT TO TESTIMONY William L. Blace History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Linda S. Blace, as of cross History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Additional witnesses who may be called to testify are not known at this time. If such additional witnesses are identified, the Plaintiff reserves the right to call them as witnesses upon proper notification to the Defendant. MW Vamly hwQRm Ueumry411ue-%VkWiny,Vllue-PM4J SuRmml wpd IX. LISTING OF PROPOSED EXHIBITS 114M The following is a listing of Exhibits which are anticipated to be submitted at the hearing in this case: NO. DESCRIPTION 1 Plaintiffs Income and Expense Statement 2 Plaintiff's Tax Return for 1999 - 2001 3 Copy of Parties' Interim Separation Agreement 4 Actuary Report (Husband's pension) 5 1998 Signature Benefits Statement (Wife's pension) 6 Date of Separation Statement for Siemans 401(k) (Husband's) 7 Date of Separation Statement for Highmark Investment Plan (Wife's pension) If additional exhibits are identified, Plaintiff reserves the right to submit additional Exhibits upon proper notification to Defendant. X. PROPOSED RESOLUTION A. EQUITABLE DISTRIBUTION Plaintiff proposes a 50/50 division of marital property not previously distributed under the terms of the Interim Separation Agreement (Exhibit "A"), consisting of the parties' Pension Plans and 401(k) Plans. Dated: January 4, 2002 Respectfully Submitted, ?Ql.PO? Z ce? Maria P. Cogn It' Esquire Sup. Ct. I.D. #27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (717) 909-4060 Counsel for Plaintiff I I VERIFICATION I, WILLIAM L. BLACE, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. ?L/ WC WILLIAM L. BL ME DATE: f ?slr'? Exhibit A INTERIM SEPARATION AGREEMENT BETWEEN LINDA S. BLACE AND WILLIAM L. BLACE Kathleen Carey Daley, Esquire Charles J. DeHart, III, Esquire Counsel for Wife Counsel for Husband SECTION I INTRODUCTION T? T THIS AGREEMENT made this lip day of ? 1w 19 99 by and between LINDA S. BLACE ("Wife") and WILLIAM L. BLACE ("Husband"). WITNESSETH: WHEREAS, Linda S. Blace, Social Security Number 165-40-5016, was born on September 25, 1948, and currently resides at 857 Mandy Lane, Camp Hill, Pennsylvania 17011. WHEREAS, William L. Blace, Social Security Number 184-36-6815, was bom on June 18, 1946, and currently resides at 857 Mandy Lane, Camp Hill, Pennsylvania 17011. WHEREAS, the parties hereto are Husband and Wife, having been married on September 27, 1969, in Benton, Columbia County, Pennsylvania. 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. WHEREAS, the parties agree that this Agreement is only an Interim Agreement and does not necessarily set forth a final accounting or distribution of all matters regarding the parties' real and personal property, and the distribution of same. NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION II GENERAL PROVISIONS I. 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 parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 2. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Kathleen Carey Daley, Esquire, and to Husband by his attorney, Charles J. DeHart, III, Esquire. 3. 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, carry on 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. 4. 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. 5. LAW Or PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 6. 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. 7. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) 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. 4 SECTION III SUPPORT PROVISIONS 1. SUPPORT A. Amount of Support - Husband shall pay to Wife, commencing on the first day of each month, for her separate support and maintenance, the amount of One Thousand Two Hundred ($1,200.00) per month. It is further understood between the parties, that when Husband receives a bonus through his employer, Wife will receive 25% of any such bonuses. The 25% distribution shall be calculated after deduction for federal, state and local taxes, but not for any contribution to a savings or retirement plan. All bonus payments shall be made within five (5) days of the receipt of said bonus. B. Tax Treatment - These payments shall be income to Wife under Section 71 of the Internal Revenue Code and deductible to Husband under Section 215 of the Internal Revenue Code. C. Term - Payments under this provision shall continue until terminated by agreement of the parties, or by Court Order, for alimony, alimony pendente lite, or spousal support. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property as set forth in Exhibit "A." Wife agrees that all of the property listed on Exhibit "A", designated in the possession of Husband, shall be the sole and separate property of Husband; and Husband agrees that all of the property listed in Exhibit "A", designated in the possession of Wife, shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 2. RETIREMENT BENEFITS Husband and Wife are both owners of various retirement and pension plans through their respective employers. The parties, by entering into this agreement, are not identifying the various plans held by each party, nor are they attempting to divide the values of any of these accounts between them. The parties anticipate that any such division shall occur at the time of the final settlement of all economic matters. 3. CERTIFICATES OF DEPOSIT Husband and Wife acknowledge that they are the owners of three (3) Certificates of Deposit. Husband and Wife agree that these Certificates of Deposit shall be distributed such that the items shall be designated for their child, Amanda Blace, with William L. Blace listed as custodian of the funds. Husband and Wife agree to execute the necessary documents to transfer said funds as provided herein. These funds shall be used for expenses related to Amanda's higher education. 4. BANK ACCOUNTS Husband and Wife are the owners of a PNC Bank joint checking account, No. 5140004866, and a PNC Bank joint savings account, No. 51302113138. Husband and Wife agree that the balances of these accounts as of December 31, 1998, shall be equally divided between the parties, as provided herein. 5. AUTOMOBILES The parties are the owners of various automobiles including a 1994 Jimmy, 1998 Chevrolet Lumina, 1991 Chevrolet S-10 Truck, and a 1996 Chevrolet Corvette. Husband and Wife agree that the 1994 Jimmy shall be the sole and separate property of Wife, and Husband waives any right, title or interest he may have in this automobile. Husband and Wife also agree that the 1998 Chevrolet. Lumina, 1991 Chevrolet S-10 Truck, and 1996 Chevrolet Corvette shall be the sole and separate property of Husband, and Wife waives any right, title or interest she may have in these automobiles, excepting those interests which are hereinafter listed. Husband and Wife are also the owners of a boat. Husband and Wife agree that the boat shall be the sole and separate property of Husband, and Wife waives any right, title or interest she may have in this item. It is further agreed between the parties that each party shall be responsible for any loans on his or her vehicle distributed under this Agreement. 6. OTHER ASSETS Any other assets not specifically distributed in this Agreement shall remain thejoint marital property of Husband and Wife. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. Husband and Wife agree that all individual debts shall be the sole and separate property of the person in whose name they are titled. By accepting sole responsibility of these debts, each party shall keep the other and his/her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with these individual debts. 8. AFTER-ACOUIILFm 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 through he or she were unmarried. 9. TRANSFER OF REAL ESTATE A. Marital Residence - The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 857 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Simultaneously with the execution of this Agreement, Wife shall execute all documents necessary, including a deed, to transfer all of her right, title and interest in the Marital Residence to Husband and shall deliver said documents to Husband. Thereafter, Husband shall be the sole and separate owner of the Marital Residence. (2) Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence regardless of when the same shall have been incurred including, but not limited to, mortgage, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. Husband shall immediately, upon transfer of title to the marital residence by Wife, take all steps necessary to apply to a financial institution to have Wife completely and fully released of any and all liability she has on the PNC home equity loan and/or Husband shall apply to refinance the amount owed on the PNC Bank home equity loan. B. Cottaee at Island Grove Campground - The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property located at Island Grove Campground, Mexico, Pennsylvania. The parties agree as follows with respect to this property: (1) At any time after the execution of this Agreement, and upon request of Husband, Wife shall execute and deliver a document awarding Husband exclusive ownership and possession of this property. Said document to be drafted by Husband and furnished to Wife. (2) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this property regardless of when the same shall have been incurred including, but not limited to, mortgage, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. 10. PAYMENT TO WIFE Based upon the above agreements by Wife to transfer all of her right, title and interest in the parties' Marital Residence, 1996 Chevrolet Corvette automobile, boat, and real estate in Mexico, Pennsylvania, Husband agrees to pay to Wife the following sums: A. In consideration of the Marital Residence: $67,500.00 B. In consideration of the 1996 Corvette: $ 7.500.00 TOTAL $75,000.00 C. In addition, Wife shall receive one-half (Y2) of all December 31, 1998 balances in the PNC Bank joint checking account, No.5140004866 and the PNC Bank joint savings account, No. 51302113138. D. The conditions of payment shall be as follows: (1) Thirty (30) days after execution of this Agreement, Husband shall pay to Wife the sum of $30,000.00. Husband shall then pay Wife the remaining balance of $45,000.00 on or before January 30, 2000. (2) Wife will receive a collateral mortgage with the marital home as security. Interest shall accrue at 7% per annum from January 30, 1999 through the date of payment; said total payment being due and owing January 30, 2000. (3) Wife will cooperate to the extent necessary to permit Husband to obtain a first mortgage loan for any amounts due her under this Agreement. 11. TAXES The parties are required to file ajoint federal income tax return for the tax year 1998, with the provision that any liability due and owing would be the obligation of Husband. In the event there is a tax refund, Wife shall receive 50% and Husband shall receive 50% of this refund. 10 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Interim 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 on the date indicated below. A S. BLACE d0 DATE f Zo 99 SS ILLIAM . BL C ATE 11 EXHIBIT "A" BLoCE'S POSSESSIONS LINDA 1. Wooden Patio Furniture 2. Antiques from Linda's Family 3. Oak Hutch in Kitchen 4. Two School Desks 5. Small Wooden Chest 6. Computer Desk and Chair 7. Two Wall Units 8. Boston Rocking Chair 9. Green and Cane Writing Table and Chair 10. Green and Oak Coffee Table 11. Hope Chest 12. Living Room Love Seat 13. Two Queen Anne Chairs 14. Queen Anne Writing Table 15. Queen Anne Coffee Table and End Tables 16. Queen Anne Music Stand 17. Queen Anne Chest Table 18. TV's from Den and Kitchen. 19. One VCR 20. Clothing, Jewelry and Personal Items BILL 1. Deck Furniture 2. Antiques from Bill's Family 3. Oak Top Table 4. Deacon's Bench 5. Grandfather's Clock 6. Day bed 7. Master Bedroom Furniture 8. Boston Rocking Chair 9. Three Wall Units in Family Room 10. Four Bar Stools 11. Family Room Couch, Love Seat and Chair 12. Two End Tables with Glass Tops 13. Freen Material Rocker 14. Multi-Colored Couch and Chair 15. Dining Room Table and Six Chairs 16. Video Storage Cabinet 17. Gun Cabinet 18. Washer & Dryer 19. TV's in Family Room, Computer Room, Bedroom, and Garage 20. Three VCR's 21. Green and Oak Futon 22. Clothing, Jewelry, and Personal Items Exhibit B .• Coi,,Qd M. Siegel I Inc Nomad M.Sieg.S.A. Harr M I i , . Actuaries/Benefit Consultant sty. Jr. Jr., F.S.A. y . < Bnan S. Sann, F.S.A. Clyde E Gi i s l 501 Corporate Circle . ngr ch. F.S.A. W L. Mummen. M.A.A.A. P.O. Box 5900 ? O. Box 00 Roben 1. Dolan. A,S.A. . . H g, 171100900 ur PA David F. Stirling; A.S.A. 17171 6 52 633 Robert 1. Mrazik. F.S.A. Fox 17 5 David H. Killick. F.S.A. leff¢,v S. Myers, F.S.A. March 16, 2000 Thomas L. Zimmerman. F.S.A. Glenn A. Hafer. F.S.A. Kevin A. Erb. F.S.A. Frank S. Rhodes. F.S.A., A.C.A.S. Charles S. Friedlander, F.S.A. Holly A. Ross. F.S.A. Cara A. Boyanowski, Esq. John W. Jeffrey. A.S.A. D Daley Law Offices enise M. Polin. F.S.A. Thomas W. Reese. A.S.A. 1029 Scenery Drive lane) Lcym arrisburg, PA 17109 Mark ll. A.S.A. A. . aA. Jonathan D. . Cramer. A.S.A. Re: William L. Blace Dear Ms. Boyanowski: I was provided with the following information concerning William L. Blace: 1. Date of birth - June 18, 1946. 2. Date hired - April 7, 1969. 3. Date married -September 27, 1969. 4. Date separated - January 1, 1999. 5. Accrued monthly pension as of January 1, 1999, under the Siemens Buildin Inc. Salaried Pension Plan - $4,267.95 to start at age 65. g Technologies, 6. A copy of.the Summary Plan Description of the Siemens Building Technologies, inc. Salaried Pension Plan. 7. A Statement of Account under the Siemens Building Technologies, Inc. Landis Division 401(k) Plan indicating an account balance as of December 31, 1999, of $281,020. Currently, William L. Blace is 54 years of age (age nearest birthday). Siemens Building Technoloeies Inc Salaried Pension Plan The Siemens Building Technologies, Inc. Salaried Pension Plan is a defined benefit plan. The figure that is marital property for divorce purposes for a defined benefit plan is the present value of the pension earned during the marriage. As previously indicated, Dlr. Blace had accrued a monthly pension as of January 1, 1999, of 04,267.95. Since this benefit takes into account .48 of a year of service before the date of marriage, it is necessary to multiply by a "coverture fraction" in order to obtain the portion of the pension earned during the marriage. MAR 2 0 2000 ) Conrad M. Siegel, Inc. Cara A. Boyanowski, Esq. I March 16, 2000 Page 2 The numerator of the "coverture fraction" is 29.26 (the years from the date of marriage until the date of separation) and the denominator is 29.74 (the years from the date of hire until the date of separation). Thus, the "coverture fraction" is .98 (29.26 divided by 29.74). The portion of Mr. Blace's pension earned during the marriage is $4,182.59 ($4,267.95 rnultiplied by .98). The present value of a monthly pension of $4,182.59 for a male now age 54 with such benefit to start at age 65 is $197,357. The present value has been determined based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 7.1% per year for 25 years followed by 6.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations are appropriate for the purpose of determining the present value. Siemens Building Technologies, Inc. Landis Division 401(k) Plan The Siemens Building Technologies, Inc. Landis Division 401(k) Plan is a defined contribution plan. The figure that is marital property for divorce purposes for a defined contribution plan is the account balance on the date of separation accumulated with investment results only from the date of separation until the current date. As previously indicated, the statement I was provided indicated an account balance as of December 31, 1999, of $281,020. To determine the appropriate figure for divorce purposes I would need the account balance as of January 1, 1999, the date of separation, plus all statements that have been issued since that date-.- I would need these statements in order to determine the investment results since January 1, 1999. .rm?+ With best regards, Yours sincerely, Harry M. Leister, Jr., I.S.A. HML:kad Consulting Actuary Exhibit C i EMPLOYEE NUMBER: COMPANY: HIRE DATE: PICS PIN NUMBER: PICS PIN STATUS: BIRTH DATE: MARITAL STATUS: 1 000264 HIGHMARK, INC FEBRUARY 8, 1993 83876 ACTIVE SEPTEMBER 25, 1948 MARRIED Sign awtureBenef its ** PERSONAL 8 CONFIDENTIAL ** • 1A L4 LINDA S BLACE LAW CAMP CENTER STREET CAMP HILL 1998 STATEMENT AS OF: OCTOBER 2, 1998 SIGNATURE BENEFITS PROVIDES YOU WITH HEALTH COVERAGE CHOICES • MEDICAL AND DRUG COVERAGE, CASH OR HIP CREDIT • DENTAL/VISION, CASH OR HIP CREDIT • MEDICAL REIMBURSEMENT ACCOUNT FUNDING Your current coverage selections include: BC/PREMIERBLUE SPOUSE OPT OUT-FAMILY COVERAGE YOU WERE NOT FUNDING A MEDICAL REIMBURSEMENT ACCOUNT SIGNATURE BENEFITS PROVIDES YOU WITH LIFE INSURANCE CHOICES Your current coverage selections include: S 49,000.00 BASIC LIFE INSURANCE S 49,000.00 ACCIDENTALEDEATHLINSURANCEANCE S 100,000.00 TRAVEL ACCIDENT INSURANCE NO DEPENDENT LIFE INSURANCE SIGNATURE BENEFITS PROVIDES YOU WITH DISABILITY INCOME Your current coverage includes: 70% WEEKLY DISABILITY BENEFITS FOR 26 WEEKS 6OX OF SALARY UP TO $15,000 MONTHLY LONG-TERM DISABILITY BENEFITS SIGNATURE BENEFITS PROVIDES YOU WITH CHILD CARE TAX ADVANTAGES In 1998 you selected: YOU WERE NOT FUNDING A DEPENDENT CARE REIMBURSEMENT ACCOUNT SIGNATURE BENEFITS PROVIDES YOU WITH PAID TIME OFF In 1998 you receive: THIS INFORMATION IS BASED ON YOUR MOST CURRENT LEAVE PLANS 15.0 VACATION DAY(S) 6.0 PERSONAL PAID TIME OFF DAY(S) 9.0 PAID HOLIDAY(S) 3.0 FLEX DAY(S) 7919 SIGNATURE BENEFITS PROVIDES YOU WITH OPTIONS FOR LONG TERM CARE (SKILLED NURSING AND HOME HEALTH CARE SERVICES) Your current coverage selections include: YOU DID NOT HAVE LONG TERM CARE COVERAGE FOR YOURSELF OR YOUR SPOUSE THE COMPANY PROVIDES YOU WITH SAVINGS INCENTIVES THROUGH THE HIGHMARK INVESTMENT PLAN YOU WERE CONTRIBUTING THE FOLLOWING AMOUNT(S) PER PAY PERIOD PRE-TAX CONTRIBUTION OF $186.75 OR 20% OF SALARY THE COMPANY PROVIDES FUTURE RETIREMENT INCOME WHEN YOU ARE VESTED FOLLOWING 5 YEARS OF SERVICE YOU HAVE ACCUMULATED 5.65 YEAR(S) OF SERVICE AND ARE VESTED IN A FUTURE RETIREMENT BENEFIT YOUR ESTIMATED ACCRUED MONTHLY STRAIGHT LIFE ANNUITY BENEFIT IS $139.28 THE COMPANY CONTRIBUTES TOWARD A FUTURE SOCIAL SECURITY BENEFIT FOR YOU ANNUALIZED COMPANY CONTRIBUTIONS TO SOCIAL SECURITY FOR YOU TOTAL $1,922.57 SIGNATURE BENEFITS ADDS CONSIDERABLE VALUE TO YOUR TOTAL ANNUAL COMPENSATION YOUR TOTAL ANNUALIZED COMPENSATION INCLUDES: COMPANY COMPANY CONTRIBUTIONS TO SOCIAL SECURITY & MEDICARE CONTRIBUTIONS TO WORKER'S C $ 1,923 COMPANY OMPENSATION CONTRIBUTIONS TO UNEMPLOYMENT COMPENSATION $ $ 68 216 COMPANY COMPANY PAID HEALTH COVERAGE CONTRIBUTIONS LIFE AND DISABILITY 5,427 COMPANY INSURANCE CONTRIBUTIONS MATCHING HIP CONTRIBUTIONS $ COMPANY PAID RETIREMENT PLAN CONTRIBUTIONS $ S 765 315 YOUR BASE ANNUAL SALARY $ 24,277 BRINGS YOUR TOTAL ANNUALIZED COMPENSATION TO $ 33,141 THIS INCLUDES $3,081.31 IN PAID TIME OFF FOR VACATION, HOLIDAYS, PERSONAL DAYS AND FLEX DAYS SELECT BENEFITS ALSO REDUCED YOUR TAXABLE ANNUAL INCOME FOR FEDERAL INCOME TAX PURPOSES: $ 0.00 BY FUNDING A MEDICAL REIMBURSEMENT ACCOUNT $ 0.00 BY FUNDING A DEPENDENT CARE REIMBURSEMENT ACCOUNT $ 951.05 BY PURCHASING HEALTH COVERAGE $ 96.16 BY PURCHASING DENTAL & VISION COVERAGE $ 4,598.41 BY SAVINGSPRE-TAXRINTTHE HIGHMARKTINVESTMENT PLAN fF1_1GF NMK. This STATEMENT is Provided by HIGHMARK, INC , BENEFITS ADMINISTRATION. EXHIBIT D C1 01 rl 0. ?m H ? Q? P Qi n zd ?" V Z x E0 %lid Y Y :N'? N'C.N _ M Y T f" Y N .... M N N ' g o .'e?,a d.o a `J N N iL A s o y =r j R ? ,?oooo ..,ooN _ _ Q Q` N N ? g ? ..:3?aSS g M N N QC? V .. Z P P e o ? . ? - i w l: V R rJ' L t a_lyd IM H1719$ C nn'1c n O J ^ F F P P ? Ml7 ' N e e e e O O O O O ? ? F n ] ? ; V r1 w 'el b ? Y ?,s Eg p 3 i . L 19 E Y N F v e ? N 8F C N ?zl O 1 Y C i ? V h ?.6 •1 N wN Y a?I N' F o .,gy ? 7 ? N ? g 8 ; v C n ? 3 F Y, _ r :C P I L ? ip L ' e I . w F r z y T a z? 00 M ?z 0 o? ?R x g; e W4 CLI %,0 3Dtld O. ?o O 8 n n v H YS N a G o? u, F E., , g~ b ' ti y ^ b f ?2 az? tc Y n A ?g » z N Y ?f N 'J0 V qR Nf /, V » 11 •L ? Q M ? O ' S < Y i •? -]VI HIIHS a t.'.1-IG i Gn^:-GCI-p•C na •i+ ?r:. r.+'?:. it r. n R ? n : 2e55 1 \W ? c H- V.1 W } Z Y Q c u ?u M1 ? ui 0 r a U ? a 4 i ? a a V 3O'p'-°n ?yL9 H?? ?ta}5 Ga' 8559 5?ca iSrP OJt1d ON H1IW5 R VAIR c 9 e x E 33 Rm N YI v ??aa ? ag a c h SE74-F.S:.-l'4 c1a:'T. TPCVIaGY;cr.. 9 8 13 w A in 3 ? 3+Fb ?.9 rc??.2 z 1W . W Y s a 2 2 53 ?Prd ' § gag a a zv LL1 4a= §gg ??yy? p c?l ???mq g Y ? et x ? 5? g p SSG ? T ?.? ? ? i d d :Urd 7N H1INIS -I r^,'IO J 8 5 s 5 yA _ v? BC as ? 3 ? g` r?a$C ? M-a ?'I E .1`1 ? -3 s s d S y ero a A? ? @@r3 y9y ???pp 64 gRErG?R§ Q 1 W g W z Q 2 C7 2 U rU TOi '-° x 4 l Lel O N 0 r. a 6 W S: u 4 uw 3 7 5 1 19 A y$z per= a .°5 g?? vCSs y A $@? e SH m ?E? Z BY47 E2. HSIW S Q VAI e 3? .?6 nom xp?j Z « ? w^n w A a r1?a s t' z i O c91c-4C/-n Mn •71 +1,1n inn is n c B eS 6 4 a w C/3 w _Z q!he 4 6b f4 IB ,?agL R ??tttgEEE 4$!0 ? -sq .. s a?'Ax R dG lu LT F Sp Fitid o 9 qa w u?a a ssJ o? el 25 ff?_ ttEE ? r gg ?`l qqppy & O,pm UPI HIINS d tlA'It! y 6 ?G r .a fit I 5 $d _v } F gbi D 9. G-a ggkLe A Ng 5 4. 1 w ti Y C:J Y F0 M. k?d ?Aawt A ? 89A?I9 5t G3.?? fi Y o Z jU . I I ?G3 ei.50 13 l! r'U ?, ? d r R ? i 1!xc? a E.,. ? .D3" i RN! H I TNlG iT Hn1q s pp?? if C -I. - n e ?? I 9 n A 14 1 ? 4 6< G2 1 a? ' F . a fg is ? $?` 5 M 8y6 W ?Fbu+rl °? Z V d _z z Y c (.n t V ` Gt : 35'74 r/ x Q 80?? n ^ bd&=G ? a D Q a y.=?u iw a 6QQ.mZ aF?i 1J D`y E5n'1g? P Hr y is 3P" ?, c o .CIVA (TH H;THS 0 VA1e ?p E 4 ? 'o i ? fa ?s ? In z 3 a A ?Y R D& s i i EXHIBIT E I Siemens Building Technologies, Inc. Landis Division, 401(k) Plan OP 90145 A ENVkOP010601 WILLIAM L GLACE 857 MANDY LANE CAMP HILL, PA 17011-1536 IurIIImllluuullrIII IIOrlIII r11Urllrrrllurllmllnrl A Message From Siemens 401(k) Account Statement January 1, 1999 - March 31, 1999 Social Security Number: 184.36.6815 t$ Client Service Number 1.800.4213844 For questions regarding this statement, call between 8:30 am and 8:00 pm in your time zone on any business day. Internet Address: www.401k.com We are very happy to introduce to you a new format for your quarterly account statement. You can use the information provided in this statement, like the Personal Rate of Return, Asset Allocation pie chart, and Fund Performance to help you in your retirement planning. If you have any questions concerning information contained in this statement, please call Fidelity Investments at 1-800.421.3844. )Your Account Summary Beginning Balance $233,286.95 Your Contributions 1,376.281 Employer Contributions 3,852.7 Fees -6.24 Dividends & Interest 969.11 Change In Market Value 4,986.63 Ending Balance $244,465.36 Additional Information ? Vested Balance $244,465.36 Your Personal Rate of Return This Period 2.5% Year to Date 2.5% Your Personal Rate of Return is calculated using a formula developed by Fidelity Investments. This formula encompasses all transactions that occurred in your account Including any fees you paid, together with the performance of the Investment options in which you ware Invested during the period. Remember that past periomtence is no guarantee of future results. Your Asset Allocation 0 Stocks 76% Bonds 23% Short-term 1% Your account is currently allocated among the asset classes specified above. Percentages and totals may not be exact due to rounding. The Additional Fund Information section lists the allocation of your blended funds. Please read this statement carefully. Any error must be reported to Fidelity Investments within 90 days. 10601 OP010601 0001 19990411 OP4K 184366815 Fidelity Investments, PO Box 5424, Cincinnati, OH 45250.5424 Page 1 of 5 ilemens Buildingg Technologies, Statement Period: 01/01/1999 to 03/31/1999 ic. Landis Divlsbn,401(k)Plan Social Security Number: 184-36.6815 IAarket Value of Your Account )Ispiayed In this section Is the value of your account for the statement period, in both shares and dollars. on Shares an Price on Price on Market ;took Investments Fidelity Blue Chip 883.072 Fidelity Europe 838.924 Fidelity Grow & Inc 1,178.557 Fidelity Magellan 315.278 Mended Fund Investments' FldAsset Manager 1,279.936 3ondInvestments Fidelity Invst Gr Bd 6,268.842 remember that a dividend payment to fund sharsho? foes not necessarily reflect lower fund parformance. $164,702.12 $174,094.80 898.123 $50.39 $53.27 44,498.00 47,843.01 869.953 $33.48 $32.65 28,087.18 28,403.97 1,203.592 $45.84 $46.64 54,025.05 56,135.53 321.482 $120.82 $129.75 38,091.89 41,712.29 $22258.09 ,169.13 $ 1,320.931 $17.39 $17.54 22,25809 23,169.13 $48,326.74 $47,201.43 6,501.574 $7.39 $7.26 46,326.74 47,201.43 4233286.95 1 ,:. 244A 65:36 reduces the share Price of the fund, so a decrease In the sham price for the statement part 'Some of your investments are classified as a Blended Fund Investment. Blended Investments may include a mixture of stocks, bonds and/or short-term assets. Please refer to the 'Additional Fund Information' section to determine the allocation of your blended investments' underlying assets. rte asset breakdown of your portfolio Is reflected In the pie chart in the 'Asset Allocation' Section. Your Contribution Elections as of 04/11/1999 r K 1ction displays in which funds your contributions will be Invested. 11L. Fidelity Blue Chip Fidelity Europe Fidelity Grow & Inc Fidelity Invat Gr Bd Fidelity Magellan Total 15% 20% 20% 20% 15% 100% Pre-Tax Year-To-Date Vested Percent $1,032.12 $344.08 $103.21 $3,749.50 100.00 100.00 100.00 100.00 Your Account Activity Use this section as a summary, of transactions that occurred in your account during the statement Period. P!e-Tax Pre-Tex Comnanv P.mmnnnv Your Contributions 1,032.12 344.08 0.00 0.00 vaua,avv,aa 1 376 20 Employer Contributions 0.00 0.00 103.21 3,749.50 , . 3 852 71 Fees Dividends & Interest -6.24 481.13 0.00 365.43 0.00 35.74 0.00 86.81 , . -6.24 969 11 Change in Market Value 2,334.23 2,033.62 201.99 416.79 . 4 986 63 Ending Balance $113,517.08 $95,845.80 $9,868.37 $25,234.11 , . $244,465.36 V )d Percentage 100.00% 100.00% 100.00% 100 00% Vested Balance $113,517.08 $95,845.80 $9,868.37 . $25,234.11 $244,465.36 10601 013010601 0001 19990411 ONK 184366815 Fidelity Investments, PO Box 5424, Cincinnati, OH 45250.5424 Pane 2 of 5 ` siemens Building Technologies, ) Inc. Landis Division, 401(k) Plan Statement Period: 01/01/1999 to 03131/1999 Social Security Number: 184.36.6815 (Your Account Information Contact Your Benefits Office for corrections to your General Information; contact Fidelity Investments to change your contribution rate. General Information Participant Status Active Employee Number 184.36.8815 Deferrals Pro-Tax Basic 6% Pre-Tax Supplemental 2% Additional Fund Information Use this section to determine the asset allocation of your blended investments. Blended Investments must Invest in more than one asset class. The blended Investment asset allocation above reflects the stated neutral mix or, if not avallable, the asset mix reported by Morningstar, Inc. for mutual funds or by Investment managers for non-mutual funds. Fund Performance A summary of Investment performance of all funds available In the plan Performance of the Fitrlds.You Hold and. Market Indlees Average Annual Total Return+as of 03/3111999 mveaunant Fidelity Blue Chip Fidelity Europe ' 24.98% °° 27.06% 23.91% 23.06% 21.57% 12/31/1987 Fidelity Grow 8 Inc FdeliryMagellan 16.077% 24.71% 17.670 23'79/ 13.36% 19 55% 13.59% 10/01/1986 Market Indices- 25.63% °, 25.85/ 22.60% . 19.66% 20.10% 22 54% 12/30/1985 EAFE Index . 05102/1963 S&P Soo 631% 18.46% ,° 28 07% 5.71 % N/A . 26.25% 18.98 N/A Blended Funds ,an investment invest 1 Year 3 is 5 Years f0 Years Life of Fund Ion D ate Rd Asset Manager 9.83% 17.00% 13 55% Bonds . 13.79% / , 13.78% 12/28/1988 rtvestntant i Year 3 Years 5 Years 10 Years Life of Fund Inception Data Fidelity Invst Gr Bd 5.74% 7 12% . . 6.71% 8.84% 8.39% 08/06/1971 Cumulative Total Retum+ as of 03/31/1999 Stocks Investment 3 Month Year to Date 1 Year 5 Years 10 Years Lila of Fund Fidelity Blue Chip Fidelity Europe 5.72% ° 48 -2 5.72% 24.98% 192.13% 696.76% 799 76% Fidelity Grow & Inc ° ' ; 1.94% -2.48% 1 94% •1.00% 125.58% 250.53% . 392 01% Fidelity Magellan Market Indlces° 7.39% . 7.39% 16.07% 25.63% 190.72% 177 00% 496.39% . 1034.14% SAFE Index . 501.76% 148652.31% S&P 500 1.45% ° 4.98/e 1.45/ ,° 4 98% 6.31% % 74. N/A . 18.46% :69 22020% % 468.3434% N/A Blended Funds nveatment 3 Month Year to Date 1 Year 5 Years 10 Years L/le o/ Fund Fid Asset Manager 1.73% 1.73% 9 83% . 88.78% 263.81% 276.18% woul uFulubol 0001 19990411 OP4K Fidelity Investments, PO Box 5424, Cincinnati, OH 45250.5424 I i I i i 3of5 Sletnens Building Technologies, Inc. Landis Division, 401(k) Plan Statement r rIod: 01/0111999 to 03131/1999 Social Security Number: 184.36.6815 hd Performance (continued) ..,.m •0.35/ To Years e _UILOL&A Fidelity Invst Gr Bd .0.35% ' 5.74% 38.34% 133.31% 828.49% Peffottrtake o1.Othsr Available Fugds Average Annual Total Return+ as of 03/31/1999 , ... - o ea e d e Mgd Inc Port 5.84% 5.94% 5.96% N/A 6.46% 09/07/1989 Cumulative Total Return+ as of 03/31/1999 s 3 Month Year to Data . v..__ Port +Past Performance is no guarantee of future and capital gain distributions, if any Cumulai shown d are calculated using a s.ttandard to to regulatory contributions made through Your comoanv's a a S&P F ° re complete information about ar P. ecluses. Read them carefully bah Devonshire Street, Boston, MA 02109 1.36% 1.36% 5.84% 33.54% N/A 82.06° 'esults. TOW returns ere historical and include the change In share value and reinvestment of dividends ve returns are reported as of the Periods shown. Ufa of fund figures are from commencement date to the the average annual total returns are reported as of the most recent calendar quarter for the Periods mule. The figures do not Include the effect of sales charges, if any, as these charges are waived for fnPloyaandreturn wile benefit plan. If sales charges were induded, returns would have been lower. Each funds , l very, and you may have a gain or loss when you sell your shares. acting fee of 1 % for shares held less than 90 days, rope, Australasia, Far East Index (EAFE), Is an unmanaged Index of over 1,000 foreign common stock ids. The EAFE (r) Index Is a registered service mark of Morgan Stanley and has been licensed for use through the Plan are neither sponsored by nor affiliated with Morgan Stanley. The McGraw•Hill Companies, Inc., and Is a widely recognized, unmanaged Index of common stock ds. it the mutual funds available through the Plan, including fees and expensos, call or write Fidelity for free You make your Investment choices. Fidelityinvesbnents Institutlonal Services Company, Inc. 82 2153420.001 I vru Iunul 0001 19990411 OP4K Investments, PO Box 5424, Cincinnati, OH 45250.5424 184366815 Page 4 of 5 \W*V ly a*W1jmt DuwMW6m WWIW..,,%l .. PmrW Sias Kt%pd 1 ' IIIlW CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Plaintiffs Pretrial Statement by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Kathleen Carey Daley, Esquire DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17109 MARIA P. COGNETTI & ASSOCIATES Date: January 4, 2002 By: MARIA . CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff __. S W ? z L 'Q c LL. J n O 3 Wz? g U CL N } P ? v J D Q ^N Q .- cm x WILLIAM L. BLACE, Plaintiff VS. LINDA S. BLACE. Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5977 CIVIL ACTION - LAW IN DIVORCE Please enter my appearnace in the above-captioned matter as 1 now represent Linda S. Blace in the same. Kathleen Carey Daley Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant WILLIAM L. BLACE, Plaintiff V. LINDA S. BLACE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5977 CIVIL ACTION - LAW IN DIVORCE PRE-TRIAL STATEMENT On behalf of Linda S. Blace, the Defendant in the above-captioned action, Kathleen Carey Daley, Esquire, does hereby file the following Pre-Trial Statement for consideration of the Court. BACKGROUND INFORMATION The Plaintiff, William L. Blace, resides at 857 Mandy Lane, Camp Hill, Pennsylvania 17011. He was bom on June 18,1946, and he is currently55 years of age. His Social Security No. is 184-36- 6815. He is employed in sales with Siemens Building Technologies, Inc., with an annual income of more than $120,000. The Defendant, Linda S. Blace, resides at 14 Asbury Road, Orangeville, Pennsylvania 17859. Her date of birth is September 25, 1948, and she is currently 53 years of age. Her Social Security No. is 165-40-5016. She is employed by Dr. Alva Smith in Berwick, Pennsylvania, as an office manager, and is eaming approximately $10.15 per hour. This is a first marriage for both parties. The date of marriage was September 27, 1969, in Columbia County, Pennsylvania. The date of separation has been stipulated to be January 1, 1999. There were two children bom of this marriage, Ryan C. Blace (DOB 09/04/74) and Amanda M. Blace (DOB 05/11/80). Both children are sui juris. Amanda M. Blace is finishing her last year of college. Her parents contributed toward her college expenses by liquidating marital savings and by making direct contributions. 1. MARTIAL ASSETS The parties reached an Interim Agreement to distribute some of the marital assets at the date of separation. Attached hereto and incorporated herein by reference is a copy of the Interim Agreement, dated January 20, 1999. This Agreement distributed a portion of the marital estate, but reserved the distribution of retirement benefits and any other assets not specifically distributed by the Agreement. Under the terms of the Agreement, Husband received title to the marital home and assumed the debt for the marital home, received the interest in a cottage at Island Grove Camp Ground and received the 1996 Corvette. Wife received a cash payment of $75,000, in addition to one-half of all December 31, 1998 balances in the PNC joint-checking and joint-savings accounts. Husband received the remaining 50 percent in those accounts. Motor vehicles and a boat were also distributed by virtue of this Agreement. This was estimated to be an equal division of these assets. The Agreement called for Husband to pay Wife support in the amount of $1,200 per month, plus 25 percent of his net bonuses until such time as the Agreement was terminated by agreement of the parties or a Court Order for alimony, alimony pendcnte lite or spousal support. As of the date of this Pre-Trial Statement, Husband continues to pay Wife the sums as enumerated under this Agreement. Both parties remain in possession of the assets distributed above. -2- The remaining marital assets to be distributed are as follows: A. Wife's 401(k) through her employment with Highmark. Balance as of December 31, 1998 was $28,887.45. B. Wife had a Defined Pension Benefit that was accumulated during the marriage as the result of her employment with Highmark. A benefit of less than $150 per month would be payable to Wife at age 65. The present value of this pension has not been determined. C. Husband has a Defined Benefit Plan as the result of his employment with Siemens Building Technologies, Inc., Landis Division, which was valued by Harry Leister of Conrad Siegel, Inc. to be $197,357 as of March of 2000. The Defendant has asked Mr. Leister to update his report, and a copy of the updated report will be provided to opposing counsel. D. Husband is also the owner of a Siemens 401(k) plan, which had a date of separation (01/01/99) balance of $233,286.95. E. There may be an additional investment fund to be distributed through the Oppenheimer Fund. F. It is expected that the Plaintiff will enumerate any other marital assets in his possession. -3- 2. NAMF.SAND ADDRESSES OFEACH ExPERT WHOM THE DEFENDANTINTF.NDS TO LL AT TRIAL: No experts have yet been identified. In the event that the parties are unable to stipulate to a value of the pension interests described above, Harry Leister of Conrad Siegel, Inc. will be called as a witness on behalf of the Defendant. 3. The Defendant intends to testify at trial and may call the Plaintiff as on cross. If any additional witnesses are identified, their names and addresses will be provided to the Plaintiff prior to trial. 4. EXHIBITS WHICH THE PLAINTIFF INTENDS TO OFFER INTO EVIDENCE A. A copy of the Interim Agreement signed by the parties; B. Valuation documents for the Highmark Defined Benefit Pension; C. Valuation documents for the Highmark 401(k); D. Valuation documents for the Siemens Defined Benefit Plan; and E. Valuation documents for the Siemens 401(k). 5. The gross income of the Defendant from all sources, including payroll deductions, recent state and federal income tax returns and pay stubs. The Defendant currently earns $10.15 per hour and works approximately 40 hours per week. Her employer provides health insurance for her. She has no other retirement benefits through this employer. As evidenced on the attached return, the Defendant has received support from the Plaintiff since separation in the amount $1,200 per month, plus 25 percent of all net bonuses. -4- 6. EXPENSES OF THE DEFENDANT A. The Defendant has routine living, transportation, savings and other expenses. The valuation of pension or retirement benefits in a calculation of the martial portion thereof and the facts and documentation upon which the party relies to support the valuation: A. See attached reports as to evaluation. 8. CLAIM FOR COUNSEL FEES The Defendant makes a claim for counsel fees in the amount of $5,000. This is based upon the fact that Defendant has significantly less earnings than the Plaintiff and has waived her claim for alimony in this action. 9. TANGIBLE PERSONAL PROPERTY VALUES The parties have divided their tangible personal property to their mutual satisfaction. 10. LISTING OF MARITAL DEBTS There are no marital debts which the Master must address. 11. THE DEFENDANT MAKES THE FOLLOWING RESOLUTION OF THE ECONOMIC ISSUES: A. After determining the appropriate value to be placed on the pension interest as set forth herein, distribute the pension such that 60 percent of the marital value be distributed to Wife and 40 percent be distributed to Husband. Wife should retain her 401(k) and her Defined Benefit as the result of her employment with -5- Highmark, and the balance due her should be accomplished with a rollover from Husband's 401(k) plan. B.) Direct the Plaintiff to pay to the Defendant the sum of $5,000 in attorney's fees. Respectfully submitted, DALEY LAW OFFICES By: iA Ij A-1-,-1 thleen Carey Daly Esquire Attorney I.D. No. 30 78 1029 Scenery Drive Harrisburg, PA 17109 717-657-4795 Attorney for Defendant -6- Exhibits (1) Interim Agreement (2) Highmark 401(k) (January1, 1999) (3) Highmark Pension (4) Siemens 401(k) (January 1, 1999) (5) Siemens Pension (6) Oppenheimer (7) 2000 Tax Return (8) Wife's Pay Stub (9) Wife's Highmark Pay Stub Exhibit 1 Interim Agreement INTERIM SEPARATION AGREEMENT BETWEEN LINDA S. BLACE AND WILLIAM L. BLACE Kathleen Carey Daley, Esquire Charles J. DeHart, III, Esquire Counsel for Wife Counsel for Husband SECTION I INTRODUCTION THIS AGREEMENT made this day of 19._.., by and between LINDA S. BLACE ("Wife") and WH,LIAM L. BLACE ("Husband"). y WI'TNESSETH: WHEREAS, Linda S. Blace, Social Security Number 165.40-5016, was b'om on September 25, 1948, and currently resides at 857 Mandy Lane, Camp Hill, Pennsylvania 17011. WHEREAS, William L. Blace, Social Security Number 184-36-6815, was born on June 18, 1946, and currently resides at 857 Mandy Lane, Camp Hill, Pennsylvania 17011. WHEREAS, the parties hereto are Husband and Wife, having been married on September 27, 1969, in Benton, Columbia County, Pennsylvania. 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. WHEREAS, the parties agree that this Agreement is only an Interim Agreement and does not necessarily set forth a final accounting or distribution of all matters regarding the parties' real and personal property, and the distribution of same. NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION II GENERAL PROVISIONS 1. 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 parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 2. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Kathleen Carey Daley, Esquire, and to Husband by his attorney, Charles J. DeHart, III, Esquire. 3. 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, carry on 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. 4. 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. 5. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 6. 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. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereoO 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. SECTION III SUPPORT PROVISIONS 1. SUPPORT A. Amount of Support - Husband shall pay to Wife, commencing on the first day of each month, for her separate support and maintenance, the amount of One Thousand Two Hundred ($1,200.00) per month. It is further understood between the parties, that when Husband receives a bonus through his employer, Wife will receive 25% of any such bonuses. The 25% distribution shall be calculated after deduction for federal, state and local taxes, but not for any contribution to a savings or retirement plan. All bonus payments shall be made within five (5) days of the receipt of said bonus. B. Tax Treatment - These payments shall be income to Wife under Section 71 of the Internal Revenue Code and deductible to Husband under Section 215 of the Internal Revenue Code. C. Term - Payments under this provision shall continue until terminated by agreement of the parties, or by Court Order, for alimony, alimony pendente lite, or spousal support. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property as set forth in Exhibit "A" Wife agrees that all of the property listed on Exhibit "A", designated in the possession ofHusband, shall be the sole and separate property of Husband; and Husband agrees that all of the property listed in Exhibit "A", designated in the possession of Wife, shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 2• RETIREMENT BENEFITS Husband and Wife are both owners of various retirement and pension plans through their respective employers. The parties, by entering into this agreement, are not identifying the various plans held by each party, nor are they attempting to divide the values of any of these accounts between them. The parties anticipate that any such division shall occur at the time of the final settlement of all economic matters. 3. CERTIFICATES OF DEPOSIT Husband and Wife acknowledge that they are the owners of three (3) Certificates of Deposit. Husband and Wife agree that these Certificates of Deposit shall be distributed such that the items shall be designated for their child, Amanda Blace, with William L. Blace listed as custodian of the funds. Husband and Wife agree to execute the necessary documents to transfer said funds as provided herein. These funds shall be used for expenses related to Amanda's higher education. 4. BANK ACCOUNTS Husband and Wife are the owners of a PNC Bank joint checking account, No. 5140004866, and a PNC Bankjoint savings account, No. 51302113138. Husband and Wife agree that the balances of these accounts as of December 31, 1998, shall be equally divided between the parties, as provided herein. 5. AUTOMOBILES The parties are the owners of various automobiles including a 1994 Jimmy, 1998 Chevrolet Lumina, 1991 Chevrolet 5-10 Truck, and a 1996 Chevrolet Corvette. Husband and Wife agree that the 1994 Jimmy shall be the sole and separate property of Wife, and Husband waives any right, title or interest he may have in this automobile. Husband and Wife also agree that the 1998 Chevrolet Lumina, 1991 Chevrolet 5-10 Truck, and 1996 Chevrolet Corvette shall be the sole and separate property of Husband, and Wife waives any right, title or interest she may have in these automobiles, excepting those interests which are hereinafter listed. Husband and Wife are also the owners ofa boat. Husband and Wife agree that the boat shall be the sole and separate property of Husband, and Wife waives any right, title or interest she may have in this item. It is further agreed between the parties that each party shall be responsible for any loans on his or her vehicle distributed under this Agreement. 6. OTHER ASSETS Any other assets not specifically distributed in this Agreement shall remain the joint marital property of Husband and Wife. 7. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. Husband and Wife agree that all individual debts shall be the sole and separate property of the person in whose name they are titled. By accepting sole responsibility of these debts, each party shall keep the other and his/her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with these individual debts. 8. 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 through he or she were unmarried. 9. TRANSFER OF REAL ESTATE A. Marital Residence - The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 857 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Simultaneously with the execution of this Agreement, Wife shall execute all documents necessary, including a deed, to transfer all of her right, title and interest in the Marital Residence to Husband and shall deliver said documents to Husband. Thereafter, Husband shall be the sole and separate owner of the Marital Residence. (2) Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence regardless of when the same shall have been incurred including, but not limited to, mortgage, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. Husband shall immediately, upon transfer of title to the marital residence by Wife, take all steps necessary to apply to a financial institution to have Wife completely and fully released of any and all liability she has on the PNC home equity loan and/or Husband shall apply to refinance the amount owed on the PNC Bank home equity loan. % B. Cottage at Island Grove Camp round - The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property located at Island Grove Campground, Mexico, Pennsylvania. The parties agree as follows with respect to this property: (1) At any time after the execution of this Agreement, and upon request of Husband, Wife shall execute and deliver a document awarding Husband exclusive ownership and possession of this property. Said document to be drafted by Husband and furnished to Wife. (2) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this property regardless of when the same shall have been incurred including, but not limited to, mortgage, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. 10. PAYMENT TO WIFE Based upon the above agreements by Wife to transfer all of her right, title and interest in the parties' Marital Residence, 1996 Chevrolet Corvette automobile, boat, and real estate in Mexico, Pennsylvania, Husband agrees to pay to Wife the following sums: A. In consideration of the Marital Residence: $67,500.00 B. In consideration of the 1996 Corvette: $ 7.500.00 TOTAL $75,000.00 C. In addition, Wife shall receive one-half (Y2) of all December 31, 1998 balances in the PNC Bank joint checking account, No.5140004866 and the PNC Bank joint savings account, No. 51302113138. s D. The conditions of payment shall be as follows: N y ?u (1) Thirty (30) days after execution of this Agreement, Husband shall pay to Wife the sum of $30,000.00. Husband shall then pay Wife the remaining balance of $45,000.00 on or before January 30, 2000. (2) Wife will receive a collateral mortgage with the marital home as security. Interest shall accrue at 7% per annum from January 30, 1999 through the date of payment; said total payment being due and owing January 30, 2000. (3) Wife will cooperate to the extent necessary to permit Husband to obtain a first mortgage loan for any amounts due her under this Agreement. 11. TAXES The parties are required to file ajoint federal income tax return for the tax year 1998, with the provision that any liability due and owing would be the obligation of Husband. In the event there is a tax refund, Wife shall receive 50% and Husband shall receive 50% of this refund. 10 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Interim 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 on the date indicated below. 46. BL A C / D DATE i 2C7 SS LIAM . BL C ATE 11 EXHIBIT "A" B LACE'S POSSESSIONS LIND A MLL 1 Wooden Patio Furniture 1. Deck Furniture . 2. Antiques from Linda's Family 2. Antiques from Bill's Family 3. Oak Hutch in Kitchen 3. Oak Top Table 4 Two School Desks 4. Deacon's Bench . 5. Small Wooden Chest 5. Grandfathers Clock 6. Computer Desk and Chair 6. Day Bed 7 Two Wall Units 7. Master Bedroom Furniture . 8 Boston Rocking Chair B. Boston Rocking Chair ' . 9. Green and Cane Writing Table 9. Three Wall Units in Family Room and Chair 10. Four Bar Stools 10. Green and Oak Coffee Table 11. Family Room Couch, Love Seat 11. 12. Hope Chest Living Room Love Seat 12. and Chair Two End Tables with Glass Tops 13 Two Queen Anne Chairs 13. Freen Material Rocker . 14 Queen Anne Writing Table 14. Multi-Colored Couch and Chair . 15 Queen Anne Coffee Table and 15. Dining Room Table and Six Chairs . End Tables 16. Video Storage Cabinet 16. Queen Anne Music Stand 17. Gun Cabinet 17 Queen Anne Chest Table 18. Washer & Dryer . 18 TV's from Den and Kitchen 19. TV's in Family Room, Computer . 19. One VCR Room, Bedroom, and Garage 20 Clothing, Jewelry and Personal 20. Three VCR's . Items 21. Green and Oak Futon 22. Clothing, Jewelry, and Personal Items J 'Conrad M. Siegel, Inc. Conrad M.StegeLF. Harry M. 1<istey Jr., F.S. F.S.A. Actuaries /Benefit Consultants Brian S. Sarin, F.S.A. Clyde m F.S.A. 501 Corporate Circle Earl L. . Mu mm". . M.A.A.A. - i P.O. Box 5900 . Roben 1. Dolan, A.S.A. . David F. Stirling; A.S.A Harrisburg, PA 17110.0900 .r . Robert J. Mm ik. F S A (717) 652.5633 . . . David H. Killick. F.S.A. Fax (717) 540.9106 Jeffrey S. Myers, F.S.A. Thomas 4 73mmertmn. F.S.A. March 16, 2000 Glenn A. Haler, F.S.A. Kevin A. Erb, F.S.A. Frank S. Rhodes, F.S.A., A.C.A.S. Charles B. Friedlander, F.S.A. Holly A. Ross, F.S.A. John W. Jeffrey, A.S.A. Cara A. Boyanowski, ESC]. Denise M. Polin, F.S.A. Daley Law Offices Thom W Reese, A.S.A. 1029 Scenery Drive Janet M. Leymeister, CEBS Mark A. Bonsall, A.S.A. Harrisburg, PA 17109 Jonathan D. Cramer, A.S.A. Re: William L. Blace Dear Ms. Boyanowski: I was provided with the following information concerning William L. Blace: 1. Date of birth - June 18, 1946. 2. Date hired - April 7, 1969. 3. Date married - September 27, 1969. 4. Date separated - January 1, 1999. 5. Accrued monthly pension as of January 1, 1999, under the Siemens Building Technologies, Inc. Salaried Pension Plan - $4,267.95 to start at age 65. 6. A copy of the Summary Plan Description of the Siemens Building Technologies, Inc. Salaried Pension Plan. 7. A Statement of Account under the Siemens Building Technologies, Inc. Landis Division 401(k) Plan indicating an account balance as of December 31, 1999, of $281,020. Currently, William L. Blace is 54 years of age (age nearest birthday) Siemens Building Technologies-Inc. Salaried Pension Plan The Siemens Building Technologies, Inc. Salaried Pension Plan is a defined benefit plan. The figure that is marital property for divorce purposes for a defined benefit plan is the present value of the pension earned during the marriage. As previously indicated, Mr. Blace had accrued a monthly pension as of January 1, 1999, of $4,267.95. Since this benefit takes into account .48 of a year of service before the date of marriage, it is necessary to multiply by a "coverture fraction" in order to obtain the portion of the pension earned during the marriage. MAR 2 0 2000 Conrad M. Siegel, Inc. Cara A. Boyanowski, Esq. March 16, 2000 Page 2 The numerator of the "coverture fraction" is 29.26 (the years from the date of marriage until the date of separation) and the denominator is 29.74 (the years from the date of hire until the date of separation). Thus, the "coverture fraction" is .98 (29.26 divided by 29.74). The portion of Mr. Blace's pension earned during the marriage is $4,182.59 ($4,267.95 multiplied by.98). The present value of a monthly pension of $4,182.59 for a male now age 54 with such benefit to start at age 65 is $197,357. The present value has been determined based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 7.1% per year for 25 years followed by 6.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations are appropriate for the purpose of determining the present value. Siemens Building Technologies Inc Landis Division 401(k) Plan The Siemens Building Technologies, Inc. Landis Division 401(k) Plan is a defined contribution plan. The figure that is marital property for divorce purposes for a defined contribution plan is the account balance on the date of separation accumulated with investment results only from the date of separation until the current date. As previously indicated, the statement I was provided indicated an account balance as of December 31, 1999, of $281,020. To determine the appropriate figure for divorce purposes I would need the account balance as of January 1, 1999, the date of separation, plus all statements that have been issued since that date. I would need these statements in order to determine the investment results since January 1, 1999. With best regards, Yours sincerely, Harr M. Leister, Jr., F.S.A. HML:kad Consulting Actuary Exhibit 2 Highmark 401(k) (January 1, 1999) • • loan Ctk-zpgp, :• fiPb?;p• C Fk? 6•'`••C w w g 8o°ece n' w •a 0 O dcde1;dC j N 6Y ???[[[ o ..{ e w o 4 CP 1.j N N .l j? m ?, n YIN N O Zj ?` k o O Ya'' ? w w L Zfn + $?? ov..: o:=ooyoo ae o :..-w.a c.r'ad, rVj 4 5 € ?. Q? ?'a k C != Fi 'AV w T !' s, g o? e 2 r. a^ ?tvo?.o $ 'e F?9 w w FF,? w .n SQ_ °9 F ,c, Ex ;off S>.I 9 O Cg?n 2 R V9 ?._"?" . 0. y,C 6I ?'ya< C yn 'p $.?q° °o ?a°pogg l g `.s nOa no. d'dddd c Y?iOYT ' wC? •c.X$ N w m C i ?? Q w dS. 8° gc 6d ?_ '' a occ?c g t cd^ LL ? C o e _ y ?L ? •u yC° ?^ Y v Tip ? ° b m V C? C r C. p ? d ??? a Ml {lt/d ?7d QNl H1TN15 -7 M-177 45'S-<, i-i•: `r•:T7. (PCf?/7''9N t i3oYOn° z w w I T til z 7s ? ,»pCpM Cn 1^1 a?'. w w Y OU OYdT R `fn ?? Ew- t. ? `J? T noP a ^ G .5 n r.. Q aCna "d „oda? C q ,ri ? ?°aq a ^? S ?9 F r7 E ? - c o daod ? . gu a as °aT P? ?r oP in O pS .e _. P cl eu .1h g ? "' p C q R N ? ? m /.S P g? w G Q M Y I? p a.G T 3i R Y% y T •CC-. rv ^ C RC 5 C yy 6 R ? c a 3 d ?? s +' ? : ' n e, ? h F <'? i S ? J ? m -U u Y <:r H SG ?JVA J?t7d OW H1 INS Q VAld S67S -65l-Ozq fly: ?Z. TQ07.!7Ti90 fi _ N S kn ? ? c k ? b 5 n. z w vi w Z cc z Qz S IZ :L: ?Y I I ? ?U ( s; e d3 SY E f3 to G r_ Q a C 7 ? z Yl ja l .w? l d el L3? I ? ` A $c .. it d tTVI HI II JS !7 bf-I' yY _n J L35 2 '.?3 ? ?, a' ? ? I t I F??:. ty SF.-S-C.':i- , Trti.7/5£11C. o_ A 0 z `la u s ? -? °56k1 F 3 Z 0.. 2 w c Y LC a z x a Y rr=, 5--J }Td Ring 0 F_ a 4 c7 U, 8 Ql s s K mOU S p ? ?DF? 8 ? $ o¢? a?a? •?a` i e ys? ?? p F by '????r?Bgag€ •SE??.?d?i SY (!Vl HAWS 11 A E 3a a ?? I X998 m J ?. `T+ [q? gS E G {? ? 4 I a E ,1F ,eq i) ? ri L i C w :T _Z se u !4' T u M L',y 5/ ° oa S < ? 9HR!P?? _ Y ? Y ? h 73G?i 4 v? - 0 Q - gym e ? E o£5?;? eg ?. ? ? ? F2se g -° °S? u Stu=?' $°? ? a??7d !]Y: H1IW5 C ?P-17 4 Y a .x ? c 4 =?.. Es ::ct u Y S?F^S-6S<.-cC6 59 :... iPi+L /50!0 a v a Q F? w N y IJJ _Z qY 4 x LD T st H 9 ?i 11 f E FL c a ? o o ? E IMF N +`e eC££ S Fy 'p$lu?? lag; d ¦ Y T Q .Mvd o 4 oa W a6 UIx L C mks ,? ?? amz ?' - QQ S? lit 'os _ ???rh??c °sa P>?? gc ga Fit T?? RE€f 1'S } ?j 71. r36 m v?: chi 111m 111111 1E nil, on H1THS 0 VAN; a t Y a ?n N 9 i 'S ?p sop N 0?v Nn 4 w 7 Q 4 we W H i 'Y Q CD F s so %Wd ?t rt tag ?y G F n Y 2 c Y 4i r• 1 Ii; &RA ?a4 c 7t R .Bl r?- .= _ g AA,E?n ? ? esae; I? r Qa V a ? ? } J E p o?g?g ?g??oa 7 ?.7°8 ??` 3F9 s { AN ?E?s g n ? ?.e •Y, ?.4 1 ? ??Fp ?, gr??,?'??5 s ? <xAE P,? ail IPI H17b15 A VA'17 Sb75-SSi.°P;..7 !iP:%L (riT.%5Pi50 E c2?` n? a 5 6 $+ $ P!(e8 F3 g •- yes C ? W D ? H.? r i Lei E_+ $ z a'. <n w z v 9 L? -r L U fl: ??tlj 4 Wb; QIn »t? a o 4 a ? y ? 4y2 ?4 G aC?y E SgLqy@@- r y ??C;G 1J i•;Y A. ! t ? , rc4cc4... j c Ms d ? ?EGz s$ r};/? QN H.i 1VL i Q S1AY a e 4 yFy A' a. 4?^ z id a• o, AI 5 . w ,L a h 6 sir S f '11= a 6 --:i:, rib::. 1QC7 . rqp %SCj Q _e R Exhibit 3 Highmark Pension EMPLOYEE NUMBER: COMPANYi HIRE DATEt PICS PIN NUMBERt PICS PIN STATUSt BIRTH DATEt MARITAL STATUSt 000264 HIGHMARK, INC FEBRUARY 8, 1993 83876 ACTIVE SEPTEMBER 25, 1948 MARRIED ** PERSONAL 8 CONFIDENTIAL ** 1A L4 LINDA S BLACE LAW 1800 CENTER STREET CAMP HILL AS OFt OCTOBER 2, 1998 Signature Benefits 1998 STATEMENT SIGNATURE BENEFITS PROVIDES YOU WITH HEALTH COVERAGE CHOICES • MEDICAL AND DRUG COVERAGE, CASH OR HIP CREDIT • DENTAL/VISION, CASH OR HIP CREDIT • MEDICAL REIMBURSEMENT ACCOUNT FUNDING Your current coverage selections include: BC/PREMIERBLUE SPOUSE OPT OUT-FAMILY COVERAGE CONCORDIA PREFERRED SPOUSE OPT OUT-FAMILY COVERAGE YOU WERE NOT FUNDING A MEDICAL REIMBURSEMENT ACCOUNT SIGNATURE BENEFITS PROVIDES YOU WITH LIFE INSURANCE CHOICES Your current coverage selections include: 8 49,000.00 BASIC LIFE INSURANCE NO SUPPLEMENTAL LIFE INSURANCE 0 49,000.00 ACCIDENTAL DEATH INSURANCE 4 100,000.00 TRAVEL ACCIDENT INSURANCE NO DEPENDENT LIFE INSURANCE SIGNATURE BENEFITS PROVIDES YOU WITH DISABILITY INCOME Your current coverage includes: 70% WEEKLY DISABILITY BENEFITS FOR 26 WEEKS 60% OF SALARY UP TO 415,000 MONTHLY LONG-TERM DISABILITY BENEFITS SIGNATURE BENEFITS PROVIDES YOU WITH CHILD CARE TAX ADVANTAGES In 1998 you selected: YOU WERE NOT FUNDING A DEPENDENT CARE REIMBURSEMENT ACCOUNT SIGNATURE BENEFITS PROVIDES YOU WITH PAID TIME 0 In 1998 you receive: THIS INFORMATION IS BASED ON YOUR MOST CURRENT LEAVE PLANS 15.0 VACATION DAY(S) 6.0 PERSONAL PAID TIME OFF DAY(S) 9.0 PAID HOLIDAY(S) 3.0 FLEX DAY(S) 7919 SIGNATURE BENEFITS PROVIDES YOU WITH OPTIONS FOR LONG TERM CARE (SKILLED NURSING AND HOME HEALTH CARE SERVICES) Your current coverage selections include: YOU DID NOT HAVE LONG TERM CARE COVERAGE FOR YOURSELF OR YOUR SPOUSE THE COMPANY PROVIDES YOU WITH SAVINGS INCENTIVES THROUGH THE HIGHMARK INVESTMENT PLAN YOU WERE CONTRIBUTING THE FOLLOWING AMOUNT(S) PER PAY PERIOD PRE-TAX CONTRIBUTION OF 4186.75 OR 20% OF SALARY THE COMPANY PROVIDES FUTURE RETIREMENT INCOME WHEN YOU ARE VESTED FOLLOWING 5 YEARS OF SERVICE YOU HAVE ACCUMULATED 5.65 YEAR(S) OF SERVICE AND ARE VESTED IN A FUTURE RETI E} IT YOUR ESTIMATED ACCRUED MONTHL STRAIGHT LIFE ANNUITY BENEF S 0139.28 THE COMPANY CONTRIBUTES TOWARD A FUTURE SOCIAL SECURITY BENEFIT FOR YOU ANNUALIZED COMPANY CONTRIBUTIONS TO SOCIAL SECURITY YOU TOTAL 01,922.57 FOR SIGNATURE BENEFITS ADDS CONSIDERABLE VALUE TO YOUR TOTAL ANNUAL COMPENSATION YOUR TOTAL ANNUALIZED COMPENSATION INCLUDES: C OMPANY CONTRIBUTIONS TO SOCIAL SECURITY & MEDICARE COMPAN CONTRIBUTIONS TO WORKER'S 0 1,923 NSATION COMPANY CONTRIBUTIONS TO UNEMPLOYMENTPCOMPENSATION 0 68 COMPANY PAID HEALTH COVERAGE CONTRIBUTIONS COMPANY LIFE AND DISABILITY INSURANCE CO 216 5 150 , NTRIBUTIONS COMPANY MATCHING HIP CONTRIBUTIONS 0 765 COMPANY PAID RETIREMENT PLAN CONTRIBUTIONS YOUR BASE ANNUAL SALARY t 0 315 0 24,277 BRINGS YOUR TOTAL ANNUALIZED COMPENSATION TO 0 33,141 THIS INCLUDES 03,081.31 IN PAID TIME OFF FOR VACATION, HOLIDAYS, PERSONAL DAYS AND FLEX DAYS SELECT BENEFITS ALSO REDUCED YOUR TAXABLE ANNUAL INCOME FOR FEDERAL INCOME TAX PURPOSES: 0 0.00 BY FUNDING A MEDICAL REIMBURSEMENT ACCOUNT 0 0.00 BY FUNDING A DEPENDENT CARE REIMBURSEMENT ACCOUNT 0 951-05 By PURCHASING HEALTH BY PURCHASING DENTAL 80VISION COVERAGE 0 4,598.41 BY SAVINGSPRE-TAXRINTTHE HIGHMARKTINVESTMENT PLAN I I1GFlt4\RK_ TNS STATEMENT is provided by HIGHMARK, INC, BENEFITS ADMINISTRATION. Exhibit 4 Siemens 401(k) January 1, 1999 Siemens Building Technologies, Inc. Landis Division, 401(k) Plan OP 90145 A WILLIAM L BLACE 857 MANDY LANE CAMP HILL, PA 17011.1536 ENVkOP010601 iuIIIIuIIIlist uIIur111IudIuoIImIII to I Ilia 11111111011 401(k) Account Statement January 1, 1999-March 31, 1999 Social Security Number: 184-36.6815 IT Client Service Number 1.800.421.3844 For questions regarding this statement, call between 8:30 am and 8:00 pm in your time zone on any business day. Internet Address: www.401k.com i i A Message From Siemens We are very happy to introduce to you a new format for your quarterly account statement. You can use the information provided in this statement, like the Personal Rate of Return, Asset Allocation pie chart, and Fund Performance to help you in your retirement planning. If you have any questions concerning information contained in this statement, please call Fidelity Investments at 1.800-4213844. Your Account Summary Beginning Balance $233,286.95 Your Contributions 1,376.20 Employer Contributions 3,852.71 Fees -6.24 Dividends & Interest 969.11 Change in Market Value 4,986.63 Ending Balance $244,465.36 Additional Information ? Vested Balance - $244,465.36 Your Personal Rate of Return This Period 2.5% Year to Date 2.5% Your Personal Rate of Return is calculated using a formula developed by Fidelity Investments. This formula encompasses all twsactlons that occurred in your account, including any fees you paid, together with the performance of the investment options in which you were invested during the period. Remember that past performance is no guarantee of future results. Your Asset Allocation ® Stocks 76% ® Bonds 23% U Short-term 1% Your account is currently allocated among the asset classes specified above. Percentages and totals may not be exact due to rounding. The Additional Fund Information section lists the allocation of your blended funds. Please read this statement carefully. Any error must be reported to Fidelity Investments within 90 days. 10601 OP010601 0001 19990411 OP4K Fidelity Investments. PO Box 5424, Cincinnati, OH 45250.5424 184366815 Page 1 of 5 Siemens Building Technologies, Inc. Landis Division, 401(k) Plan I i i I i , i i Statement Period: 01/01/1999 to 03/31/1999 Social Security Number: 184.38.6815 Market Value of Your Account Dispkyed In this section is the value of your account for the statement period, in both shares and dollars. Investment snares on 19nvraaa Shares on O'rr'rr taco Stock Investments Fidelity Blue Chip Fidelity Europe 883.072 898.123 Fidelity Grow & Inc 838.924 1 178 557 869.953 Fidelity Magellan , . 315.278 1,203.592 321.482 Blended Fund Investments- Fid Asset Manager 1,279.936 1,320.931 Bond Investments Fidelity Invst Gr Bd 6,268.842 6,501.574 Price on x Price on Mantel Value of a 1/1998 03/81/19x0 nn M/avf s en 03/31/1996 $50.39 $53.27 $184,702.12 44 498 00 $774,094.80 $33.48 $33 84 $32.65 . . 28,087.18 47,843.01 28,403.97 . $120.82 $46.64 $129.75 54,025.05 38 091 89 56,135.53 , . 41,712.29 517.39 $17.54 522.258.09 22 256 09 523,169.13 , . 23,169.13 $7.39 $7.26 $48,326.74 46 326 74 $47,201.43 1 , . 47,201.43 • •_ •^..?+? a xnwenx payment 10 fund shareholders reducae the sharp prise of the land, so a decrease in the share price for the statemten 536 dcec . rtot necessarily reflect lower fund Performance 1 'Some of Your Investments are classified as a Blended Fund Investment. Blended Investments may include a mixture of stocks, bonds arf short-term assets. Pkase refw to the 'Additional Fund Information' section to determine the allocation of Your blended Investments' underlying assets. The asset breakdown of your portfolio Is reflected in the Pie chart In the 'Asset Allocation' Section. Your Contribution Elections as of 04/11/1999 This section displays In which funds your contributons will be invested. inyeabnenr Per FIdAsset M r 10% Fidelity Blue Ch 15% Fidelity Europe 20% Fidelity Grow & Inc 20% Fidelity Invst Go, ed 20% Fidelity Magellan 15% Total 100% I I t I I t Year. Vented Percent Pre-Tax ,032.12 100.00 100.00 03.21 100.00 100.00 Your Account Activity Use this section as a summary of transactions that occurred in your account during the statement period. 6crlv/N Pre-Tax Basic Pro-Tax S r r Company Company Bnunng elatance Your Contributio 5109 675 84 $93 102 67 March $9 527 43 Olscrerlona T ns Employer Contributions 1,032.12 *12 344.08 , . 0 00 520,981.01 5233,286.95 Fees 0 •6'24 .00 0.00 0 . 103.21 0.00 3,749.50 ,376.20 3 852 71 Dividends & Interest Change in Market Value 481.13 .00 365.43 0.00 35 74 0.00 , . •6.24 Ending Balance 2.334.23 $113,517.08 2,033.62 $95 845 80 . 201'99 86.81 416.79 969 11 4,986 63 Vested Percentage , . $9,868.37 $25,234.11 . $244,465.36 Vested Balance 100.00% $113,517.08 100.00 % $95 845 80 .00 % 100 o? 100.00 / , . $9,868.37 $25,234.11 $244,465.36 10601 OPO10601 0001 19990411 ONK Fidelity Investments PO Box 5424 , , Cincinnati. OH 45 250.5424 184366815 Page 2 of 5 • siemens Building Technologies, Statement Period: 01/01/1999 to 03/31/1999 Inc. Landis Division, 401(k) Plan Social Security Number: 184.36.6815 Your Account Information Contact Your Benefits Office for corrections to your General Information; contact Fidelity investments to change your contribution rate. General Information Participant Status Active Employee Number 184.36.6815 Deferral Pre-Tax Basic 6% Pre-Tax Supplemental 20% Additional Fund Information Use this section to determine the most allocation of your blended investments. qu7 • 10%. Blended Investments must Invest In more than one asset class. The blended investment asset allocation above reflects the stated neutral mix or, it not available, the asset mix reported by Morningstar, Inc. for mutual funds or by Investment managers for non-muual funds. , Fund Performance A summary of Investment pedormmoe of all funds available in the plan Performance of the Funds You Hold and Market Indices. 1 Average Annual Total Return+ as of 03/31/1999 investment Fidelity Blue Chip Fidelity Europe 24.98% -1 00% 27.06%. 23.91% 23.06% 21.57% 12131/1987 Fidelity Grow 8 Inc . . 16.07% 19.51% 24 71% 17.67% 13.36% 13.59%. 10101/1986 Fidelity Magellan 25 63% . . 25 85% 23.79%. 19.55% 20.10%. 1213011985 Market Indices' . . 22.60% 19.66% 22.54%. 05/02/1963 EAFE &P 500 ex 6.31oa 8.65% 8.86% 5.71%. WA 18.46/ 28.070/. 26.25%. 18.98% WA ? Blended Funds Investment 1 Year 3 Years 5 Years 10 yeam Life of Fund I nception Date Fid Asset Manager 9.83% 17.00%. 13.55%. 13.79% 13.78%. 12/28/1988 Bonds Inc a intent 1 Year 3 Years 5 Years I0 Years Life o f Fund /nceo!!on Date Fidelity Invst Gr Bd 5.74% 7.12% 6.71% 8.84% 8.39% 08/06/1971 Cumulative Total Retum + as of 03/31/1999 Stocks ant Investm 3 Month Year to Date 1 Year 5 Years 10 Years L!/e of Fund Fidelity Blue Chip Fidelity Europe 5.72% 2 48 5.72% 24.98% 192.13% 696.76% 799.76% Fidelity Grow 8 Inc - . % 1 94% -2.48% -1.00% 125.58% 250.53% I 392.01% Fidelity Magellan . 7 39% 1.94% 7 39% 16.07% 190.72% 496.39% 1034.14% Market Indices, . . 25.63% 177.00% 501.76% 148652.31% I EAFE Index S813 500 1.45% 1.45% 6.31% 52.85%. 74.26% N/A 4.98% 4.98% 18.46% 220.69% 468.34% I WA Blended Funds Investment 3 Month Year to Date 1 Year 5 Years 10 Years Life of Fund FdAsset Manager 1.73% 1.73% 9.83% 88.78% 263.81% 276.18%. urutubut 0001 19990411 OP4K -- Investments, PO Box 5424, Cincinnati, OH 45250.5424 I i 184366815 I Page 3 of 5 Siemens Building Technologies, • Statement Period: 01101/1999 to 03/31/1999 Inc. Landis Division, 401(k) Plan Social Security Number. 184.38.6815 Fund Performance (continued) Fidelity Invst Gr Bd -0.35% -0.35% 5.74% 39.34% 133.31%. 828.499: Perforrnance of Other Available Funds Average Annual Total Return+ as of 03/31/1999 Inc Port 5.84% 5.94% 5.96% N/A 6.46% 09/07/1989 Cumulative Total Retum+ as of 03131/1999 , unvaunom Fd Mgd Inc Port 1.36% 1.36% 5.84% 33.54% N/A 82.08% i I + Past padamarce is no guarantee of future results. Total returns are historical and Include the charge In share value and reinvestment of dMdends and capital gain distributions, if any. Cumulative returns are reported as of the periods shown. Ufa of fund figures are from cxnmancament data to the period shown. Due to regulatory requirements the average annual total returns are reported as of the most recent calendar quarter for the periods shown and are calculated using a standard formula The figures do not Induds the effect of sales charges, If any, as them charges are waived for contributions made through your company's employee benefit plan. If sales charges were included, returns would have boon laver. Each funds i share pdee (except money market funds), yield, and return MR vary, and you may hmro a gain or loss when you call your shares. Fkla ity Europe Fund assesses a short-term trading foe of t% for shares held loss it= 90 days. • TW Morgan Stanley Capital International Europa, Australasia, Far East Index (SAFE), Is an unmanaged Index of over 1,000 foreign common stork j prkas and Includes the relmesorwnt of dividends. The EA FE (r) Index is a raglstarod aervke mark of Morgan Stanley and has been Ikensed for use byy MR Corp. The imreshrwnt op8one offered through the Plan are nei0or sponsored by nor affiff wiUu Morgan Sfarday. The 9 and aP 500 (r) is a ragiatared trademark of The Mctirew-Hill Companies, Init., and Is a widely raeognized, unnuaruaged index of common dale pries Includes rite raimrestrnent of dk4denda. For more eompleb Infarmatlan atout any of the mutual lands available through Ow Plan, including fees and expenses, call or write Fidelity for hoe procpecNCes. Read them oareM Wfore you make your Invectrnent choices. RdaOry Imectrnents InstNutlanel Services Company, Inc. 82 i Devonxhl Stroet, 8ocmn, MA 02109 2153420.001 I i 10601 OP010601 0001 19990411 ONK 184366815 Fidelity Investments, PO Box 5424, Cincinnati, OH 45250.5424 Page 4 of 5 Siemens Building Technologies, Inc. Landis Division, 401(k) Plan #BWNFXSJ ENV#OPo18285 WILLIAM BLACE OP 90145 A 857 MANDY LANE CAMP HILL, PA 17011-1536 Is toil 1111111111lnllmlrllllrrrllrlrllrsrllrssllllrlllr11IM I 401(k) Account Statement October 1, 1999 - December 31, 1999 Social Security Number: 184.36.6815 a Client Service Number 1.800.421.3844 For questions regarding this statement, call between 8:30 am and 8:00 pm in your time zone on any business day. Internet Address: www.401k.com A Message From Siemens To make changes to your account or for questions about this statement, call the toll-free customer service number at 1-800.421-3844. Your Account Summary Your Asset Allocation Beginning Balance $246,468.63 Your Contributions 2,868.64 Employer Contributions 215.15 Fees -2.00 Dividends a interest 6,275.73 Change in Market Value 25,194.22 Ending Balance $281,020.37 Additional information ? Vested Balance $281,020.37 Your Personal Rate of Return This Period 12,70, Year to Date 14.3% Your Personal Rate of Return is calculated with the time-weighted formula, a formula widely used by financial analysts to calculate the investment earnings of a portfolio. It reflects the results of your investment selections as well as any acevdy in the account There are other Personal Rate of Rehm formulas used that may yield different results. Remember that Past Performance is no guarantee of future results. Stocks 78% Bonds 21% r Short-term 1% Your account is currently allocated among the asset classes specified above. Percentages and Ictals may not be exact due to rounding. The Additional Fund Information section lists the allocation of your blended funds. Please read this statement carefully. Any enor must be reported to Fidelity Investments within 90 days. 18285 OP018285 0001 20000112 ONK 184366615 Fidelity Investments, PO Box 5424, Cincinnati, OH 45250-5424 Page 1 of 5: Siemens Building Technologies. Inc. Landis Division, 401(k) Plan Statement Period: 10/01/1999 to 12/31/1999 Social Security Number: 18436.6815 marKet value of Your Account D isplayed In this section is the value of your account for the statement period, In both sha res and dollars. Shares an Shares on Price on Price on Market Value Stocklnvesunenta a e! a us a^' r+t/te•r Fidelity Blue Chip 949.256 Fidelity Europe 899 008 957.601 $50.08 $60 11 $174,910.77 $205,884.54 . . Fidelity Grow & Inc 1,294.551 971.679 $32.65 $37.47 11324.044 $43 Fidelity Magellan 11 47,538.74 29,352.61 57,561.40 36 408 81 . $47.16 345.987 361.944 $122.02 $136.63 Blended Fund Investments- 55,808.09 42'217.33 , . 62,44192 49,452.41 Fid Asset Manager 1,368.611 1,453.118 $17.28 $18 38 $23,649,80 $26,708.31 . Bond Investments 23,649.60 26,708.31 Fidelity Invst Gr Bd 6,833.418 7,031.570 $7.01 $6 69 $47,902.26 $48,447.52 . ccount Total 47,902.26 48,447,52 n does not es not r Ihat a tlhridermd payment to fund shareholders red uses the share pnw of the fund, so a decreas necessarity reflect lower fund performa i 24646e.63 nce. e n the share price for th e statement Pe3yd 'Some of your Investments are classified as a Blended Fund Investment. Blended Investments may include a mixture of shon'term assets. Please refer to the'Adddonal Fund inf t k ' s oc s, bonds andt" ormation section to determine the allocation of your blended investments' underlying assets. asset breakdown of your portfolio is reflected in the pie than In the 'Asset Alocation' secti on. Your Contribution Elections as of 01/11/2000 This section displays in which funds your contributions will be invested /OVeshnen! Fid Asset Manager Perc ! Fidelity Blue Chip 10% ° Fidelity Europe 15 / 15 Fidelity Grow & Inc Fidelity Invst Gr Bd 20% Fidelity Magellan 20% Total 154 100% Pre' Jo1J4V.N! Vested Percent $2,113.58 $661.76 $0.00 $3,888.01 100.00 100.00 100 00 . 100.00 Your Account Activity Use this section as a summary of transactions that Occured in your account durin g the statement period. c Pre. Tax Beginnin Balance Basic g Pre-Tax Su lementa Company Company ntributions $115,361.74 Your Co 2 151 48 48 $95,876.81 a!0 $10,104.47 D toes one $25 125 61 Tona l , . Employer Contributions 0.00 F 717. 16 0.00 , . 0 00 $246,468.63 ees Dividends 8 Interest -2.00 2 751 67 0.00 0.00 215.15 0.00 . 0.00 2,868.64 215.15 ' ' Change in Market Value Ending Balance 11.685.68 2,501.69 9,866 14 282.60 0.00 739'77 -2.00 275 6 73 $131,948.57 . $108,961.80 1,04 5.99 $11 648 21 2.596.41 . , 25,194.22 Vested Percentage , . $28,461.79 $281,020.37 100.00 % Vested Balance $131,948.57 100'00% $108 961 80 100.00 100.00% , . $11,648.21 $28,461.79 $281,020.37 18285 OP018285 Will 20000112 OP4K ldelity investments. PO Box 5424 Ci i , nc nnati, OH 45250.5424 184366815 Page 2 of 5 't Siemens Building Technologies, Statement Period: 10/01/1999 to 1213111999 Inc- Landis Division, 401(k) Plan Social Security Number: 184.36.6815 Your Account Information Contact your Benefits Office for corrections to your General Information; contact Fidelity investments to change your contribution rate. General Information Participant Status Active Employee Number 184-36-6815 Deferrals Pre-Tax Basic 6% Pre-Tax Supplemental 2Y. Additional Fund Information Use this section to determine the asset allocation of your blended Investments. BLerlded/nvesfman( Stocks Bonds Short-term Fid Asset Manager 50% 40% 10% Blended Investments must invest In more than one asset class. The blended Investment avast allocation above reflects the staled neutral mixer, If not available, the asset mix reported by Morningstar, Inc. for mutual funds or by investment managers for non-mutual funds. Fund Performance A summary of Invastmenl pertormwm of all funds available In the plan. Funds you own are marked with an asterisk Cumulallve% I Mnuel Tofe/ReNrn% Avenge Annual ToWRefurr%"of 19!21/1999 fW Ion' investment IVRS Code)_ 7MOnfh yTn rg9a 1997 raaJl Yffr year sYear Virirr rrr& I nr. I Stocks Fidelity Blue Chip (0312)' 20.03 24.26 34.76 27.02 15.38 24.26 28.60 25.80 22.04 21.72 12131/19.7 Fidelity Europe (0301)' 21.70 18.69 20.77 22.89 25.63 18.69 20.77 21.33 13.16 14.45 10101119861 I Fidelity Grow d Ins (0027)' 10.73 10.42 28.31 30.17 20.02 10.42 22.63 24.55 18.37 19.61 12/3011985; Fidelity Magellan (0021)' 15.97 24.05 33.63 26.59 11.69 24.05 28.02 26.24 18.92 22.51 05102/1963 Market IMler• EAFE Index 17.04 27.22 20.27 2.01 6.05 27.22 16.00 12.98 7.08 WA S&P 500 14.88 21.04 28.58 33.36 22.96 21.04 27.56 28.56 18.21 WA Blended Funds - FktAsset Mwager(0314)' 11.56 13.59 16.09 22.27 12.73 13.59 17.26 16.52 13.77 13.92 12/28/19881 Sonds ) Fid Mgd Inc Port (0632) 1.42 5.68 5.93 6.02 5.95 5.68 5.88 5.94 6.35 6.41 09107/1989 Fidelity Inver Gr Bd (0026)' -0.15 •1.01 7.94 8.91 3.02 4.01 5.18 6.73 7.61 8.13 0810611971 + Past perfomiance is no guarantee of future results. Total returns are historical and include the change in share value and reinvestment of dividends and capital gain distributions, if any. Cumulative returns are reported as of the periods shown. Ufa of fund figures are from eommeneernent date to the period shown. Due to regulatory requirements the average annual total returns are reported as of the most recent calendar quarter for the periods shown and are calculated using a standard formula The figures do not Include the affect of sales charges, if any, as these charges are waived for contributions made through your company's employee benefit plan. If sales charges ware included, returns would have been laver. Each funds share price (except money market funds), yield, and return will vary, and you may, have again or loss when you sell your shares. Fidelity Europe Fwd assesses a shoA•tarm trading fee of tY. for sharoa heid lees alien 90 days. Managed income Portlollo is rat a mu Wal land and is managed by Fideiry Managemont True' Company. There aro exchange reatrktlone between 1 tNs land erd any other land s offer e St ed through the plan whkh is considered a -competing land'. ' Th Morg an an le tal y Capi InlemaWnet Europe, Australasia, Far East Index (EAFE), Is an unmanaged Index of over 1.0001orelgn common stock prices end i neludee Ne reinvestment of dividends. The EAFE (r) Index is a registered servce mark of Masan Stanley and has been licensed for use by MR Corp. Unless apedno. the investment oPbws oferr through the Plan ere neither aponwrod by nor a8illated with Morgan Stanley. The S8P 500(8) Is a registered service mark of The MCGraw-Hill Companies. Inc., and has been fiCenaed for use by Fidelity Distributors Corporation and Its a8lfiales. It Is an unmanaged Index of the common stock prices of 500 widely held U.S. stocks. For more complete Information about any of the mutes lands available through the Plan, including lees and expenses, call or write Fldetiry for free prospectuses. Read them carefully belara you make your investment choices. FdoI. Investments Institutbnal Services Company, Inc. 82 Devonshire Street, Boston, MA 02109 21 W420.001 A Message From Fidelity You may have made your New Year's resolutions, but was taking a more active role in planning your retirement one of them? 18285 OP018285 0001 20000112 OP4K 184366815, Fidelity Investments, PO Box 5424, Cincinnati, OH 45250.5424 Page 3 of 5: i? Siemens Building Technologies. Statement Period: 10/0111999 to 12/31/1999 Inc. Landis Division, 401(k) Plan Social Security Number: 184.36.6815 Your Statement Glossary Average Annual Total Return This is the hgthadcal rate of return, that, if the investment option achieved it over a year's time, would produce the sane cumulative total return if the Ivestment option performed consistently over the entire period. A total return is expressed In a percentage and togs you how much the investment has earned or lost over time, assuming that all dividends and capital gains are reinvested. ChanTyha in Market Value (stocks sbbonndin value reflects the s short term i vesltmeunts).nIn in Amount Summary section of our statemennt,, this number is the total Of all ges investments your Investments due to these types of fluctuations. Cumulative Total Relum This number tells you an investments actual performance for a certain period of time. A total return is expressed in a percentage and fells you how much money you hue earned or lost on an investment over time, 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 paid to shareholders that comes tram the investment income that the fund has earned. Depending on the rules of our plan, dividends on company stock may be reinvested into our retiremont amount or paid to you in cash. Market Value Market Value is the dollar value of the investments in your account. You can calculate your market value by using the following formula: Market Value - Number of shares a units in your account x Price par share or unit of the fund. Shares Shares are your units of ownership of investments in your amount. Share Price The value of one share of each investment in your account is called share price. It is determined by taking the total value of the whole investment option on a given day and dividing it by the number of shares outstanding. Units Your Interest in your company slink fund is expressed in units not shares. The value of each unit is determined by dividing the market value o assets held by the fund, including shares and the short term investments, by the number of units outstanding. Unitization is a method that combines common stock with short term investments. The short tern Investment portion of the fund enables stock fund trading every business Unitization similar n dos not affect the initial market value oy our Oday wnership In omppany stock, only the manner in which it xpressed Vesting Vesting refers to our level of ownership in company contributions and any associated earnings. When the company contributes money to your amount, it resides in your amount, under your name. This money becomas fully yours once you have satisfied the vesting requirements of vow also. You are always entitled to 100% of our contributions and any associated earnings. Some special information about other sections to your account Asset Allocation Investments can be divided Into three malor asset classes: Stocks. Bonds, and Short Term Investments. These asset classes represent the different types of underlying securities that may be held in the investment options you own. Please note that you may be invested in a blended fund where the fund holdings we invested in core than one asset class. ? Stocks Stocks can add a growth component to your portfolio. They represent ownership or equily in a company. Stoics have the potential to outperform other toes of Investments over the long farm. However, stocks tend to have wider price fluctuations over short periods of time than other securities. ? Bonds Bonds can add an income portion to your portfolio. They represent a loan to a corporation or Government Agency, and provide the opportunity tot 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 Pn rovide current Income and seek to preserve the value of your vestment. They also tend to provide the lowest returns over the long term. Examples of those investments include certificates of deposit (CDs). Treasury Bills and Money Market Instruments. Market Indices A market index can measure the general trends in the pedormance of particular market segments. You can use the appropriate market Index to compare the parf,m m (Average Annual Return) of the options in which you're invested. ? Standard and Poor's S00 The SBP 500 Incorporates a broad base of 500 stocks, including industrial, utility, and financial companies. Same of Its stocks have a greater influence an the direction of the market. The S&P 500 calculation lakes this into amount by giving gmatsrweight to these stocks, The companies that make up the S&P 500 are traded on the New York and American Stock Exchanges. as well as the Over-The-Counter Exchange. ? Lehman Bros. Aggregate Bond Index This measures Iha total return of over 6,000 high-quality, bond Issues, including government, corporate, and mortgage sectors. Bonds In this price-weighted index have an average maturity of 10 years. ? Morgan Stanley EAFE Index The SAFE Index (Morgan Stanley Capital International Europe. Australasia. Far East Index) is an unmanaged Index of over 1,000 foreign common stock prices and includes the reinvestment of dividends It tracks 20 developed stock markets outside of North America. 184366815 18285 OPOIS285 0001 20000112 OPaK Page 5 of5 Fidelity Investments. PO Box 5424. Cincinnati. OH 45250-5424 Exhibit 5 Siemens Pension Conrad M. Siegel Inc. Conrad M. Siegel, F.S.A. Harry M. Leister, Jr., F.S.A. Brian S. Sohn, F.S.A. Actuaries /Benefit Consultants Clyde r n F.S.A. , e L. . Mum Mu Earl mcn M.A.A.A. 501 Corporate Circle -• ? Robert J. Dolan, A.S.A. _ P.O. Box 5900 David F. Stirling, A.S.A. Harrisburg, PA 17110-0900 Rob-a J. Mmxik. F.S.A. (717) 652-5633 David H. Killick, F.S.A. Fax (717) 540-9106 Jeffrey S. Myers, F.S.A. Thomas L. Zimmerman, F.S.A. Glenn A. Hafer, F.S.A. March 16, 2000 Kevin A. Erb, F.S.A. Frank S. Rhodes, F.S.A., A.C.A.S. Charles B. Friedlander, F.S.A. Holly A. Ross, F.S.A. John W. Jeffrey, A.S.A. Cara A. Boyanowski, Esq. Denise M. Polin, F.S.A. Thomas W. Reese, A.S.A. Daley Law Offices Janel M. Leymcister, CEBS Drive 1029 Scener Mark A. y Jonathan D. Crooner. A.S.A. Harrisburg, PA 17109 Re: William L. Blace Dear Ms. Boyanowski: I was provided with the following information concerning William L. Blace: 1. Date of birth - June 18, 1946. 2. Date hired - April 7, 1969. 3. Date married - September 27, 1969. 4. Date separated - January 1, 1999. 5. Accrued monthly pension as of January 1, 1999, under the Siemens Building Technologies, Inc. Salaried Pension Plan - $4,267.95 to start at age 65. 6. A copy of the Summary Plan Description of the Siemens Building Technologies, Inc. Salaried Pension Plan. 7. A Statement of Account under the Siemens Building Technologies, Inc. Landis Division 401(k) Plan indicating an account balance as of December 31, 1999, of $281,020. Currently, William L. Blace is 54 years of age (age nearest birthday) Siemens Buildine Technoloeies, Inc. Salaried Pension Plan The Siemens Building Technologies, Inc. Salaried Pension Plan is a defined benefit plan. The figure that is marital property for divorce purposes for a defined benefit plan is the present value of the pension earned during the marriage. As previously indicated, Mr. Blace had accrued a monthly pension as of January 1, 1999, of $4,267.95. Since this benefit takes into account .48 of a year of service before the date of marriage, it is necessary to multiply by a "coverture fraction" in order to obtain the portion of the pension earned during the marriage. MAR 7 n nnnq ii: ; Conrad M. Siegel, Inc. Cara A. Boyanowski, Esq. March 16, 2000 Page 2 The numerator of the "coverture fraction" is 29.26 (the years from the date of marriage until the date of separation) and the denominator is 29.74 (the years from the date of hire until the date of separation). Thus, the "coverture fraction" is .98 (29.26 divided by 29.74). The portion of Mr. Blace's pension earned during the marriage is $4,182.59 ($4,267.95 multiplied by .98). The present value of a monthly pension of $4,182.59 for a male now age 54 with such benefit to start at age 65 is $197,357. The present value has been determined based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 7.1% per year for 25 years followed by 6.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations are appropriate for the purpose of determining the present value. Siemens Building Technologies. Inc Landis Division 401(k) Plan The Siemens Building Technologies, Inc. Landis Division 401(k) Plan is a defined contribution plan. The figure that is marital property for divorce purposes for a defined contribution plan is the account balance on the date of separation accumulated with investment results only from the date of separation until the current date. As previously indicated, the statement I was provided indicated an account balance as of December 31, 1999, of $281,020. To determine the appropriate figure for divorce purposes I would need the account balance as of January 1, 1999, the date of separation, plus all statements that have been issued since that date. I would need these statements in order to determine the investment results since January 1, 1999. With best regards, Yours sincerely, Harry M. Leister, Jr.' F.S.A. HML:kad Consulting Actuary SIEMENS BLDG TECH INC. SALARIED PENSION PENSION BENEFIT PLAN REPORT WILLIAM L BLACE • Your estimated benefit will be $5,990 a month for life, assuming your pay remains the same and you continue to work at SIEMENS BLDG TECH INC. SALARIED PENSION until age 65. • Your estimated benefit will be available on July 1, 2011. Your employer has set up a pension plan that will give you a fixed monthly benefit when you retire. Your pension plan plays a vital role in your retirement planning because: • Your employer pays most of the costs associated with this plan. • The plan will give you a dependable source of income when you retire. • This pension benefit, along with Social Security, replaces some of your income. Studies have shown you need 60-80% of your annual pay to maintain your current lifestyle. SUMMARY OF BENEFITS ON JANUARY 1, 1999 Accrued Monthly Benefit Vesting % See the Explanation of Pension Terms on the back. PERSONALFACTS Please contact your employer if any of this information changes. Date of Birth 06-18-1946 Date of Employment 04-07-1969 Normal Retirement Date 07-01-2011 Social Security Number 184 36 6815 Annuity Contract Number 3-32171 Location , $4,267.95 look financial Group Exhibit 6 Oppenheimer ADDITIONAL INFORMATION Your contributions tb the pension plan during the past year $2.410.09 Your total contributions to the pension plan $33.350.87 Your contributions to the pension plan wth interest $61.130.85 EXPLANATION OF PENSION TERMS Accrued Monthly Benefit: Your earned pension benefit on January 1, 1999. This is based on the formula outlined in your plan booklet. If you terminate employment January 1, 1999 this amount, multiplied by your Vesting Percentage, would be available at your Normal Retirement Data. Vesting Percentage: The non-forfeitable percentage of your pension benefit if you terminated employment on January 1, 1999. ABOUT THIS REPORT We prepared this report carefully. Please review and report any discrepancies to your employer. WE'VE MADE SOME ASSUMPTIONS. The estimated benefits shown were calculated using the information we have on file and the following assumptions: • Terms of the pension plan will not change. • You remain employed at the same rate of pay unfit age as. • The current regulatory minimums and maximums do not change. WHAT ABOUT SOCIAL SECURITY? It you would like more information, contact your nearest Social Security office or call 1.800.772.1213. PENSION BENEFIT Your pension benefit has been calculated using the plan in effect as of 01101/1999. It assumes that you will refire at age 65 and start receiving monthly payments under the normal forth of income as defined in your summary plan description booklet. If roamed when you refire, federal law requires your benefits be paid in the form of a joint and survivor benefit, unless you specifically choose another form of payment offered under the plan and with your spouse's consent in writing. The joint and survivor benefit provides for a monthly benefit during your lifetime, but allows you to continue 50% of the benefit to your spouse for his or her lifetime. Under this payment method, your benefits shown on this report will be reduced. If you elect another method, your pension will be adjusted accordingly. You can depend on Principal Life Insurance Company today, tomorrow, into the Year 2000, and beyond. Over 99 percent of our identified Year 2000 system renovations have been completed. Most systems have been through rigorous testing as of 12/1/1998. This testing will continue throughout 1989 to ensure our systems will function correctly. IND Od1MITH-2IMER STRATEGIC INCOME FUND 0 -ATEMENT OF ACCOUNT AS OF 0 8/ 2 5/ 9 8 :COUNT NUMBER 231 2313361666 1111111111111111 11111111111111111111111111111111111111111111 WILLIAM L GLACE 8 LINDA S GLACE JT TEN WROS NOT TIC 857 MANGY LN CAMP HILL PA 17011-1536 OppenheimerFunds., DEALER NUMBER 5740 23 123 REP. NAME FIRESTONE/RANKER/ HANSHAW A. E. NUMBER 888-743 DEALER 1717 CAPITAL MANAGEMENT COMPANY C/O RANKER-HANSHAW FINANCIAL 2040 LINGLESTOWN RD STE 203 HARRISBURG PA 17110-9588 TRAN SAC ATE TION TypE OF TRANSACTION 0 LI 0 F TR AR AMOUNT AN ACTI N SHARE PRICE S I HARE RAN S THIS ACTT N TOTAL HAP WN 04 13 98 SHARES PURCHASED 100100 4;93 20184 20;284 04 20 98 ASSET BUI LDER PMT 1 00'00 4:93 20'284 40;568 04 24 98 DIVIDEND REINVEST ?36 4:93 •077 40645 05 0 98 ASSET BUI LDER PMT 100;00 4:89 20450 61:095 05 22 96 DIVIDEND REINVEST 1:33 4:89 272 61:367 06 22 98 ASSET BUILDER PMT 100:00 4187 20:534 81:901 06 25 98 DIVIDEND REINVEST 1:96 487 402 82?303 07 20 98 ASSET BUILDER PMT 100:00 4.87 20:534 102037 07 24 98 DIVIDEND REINVEST 2:55 4:87 X524 1031361 08 20 98 ASSET BUILDER PMT 10000 4171 21:231 124592 08 25 98 DIVIDEND REINVEST 3;12 4:66 670 125262 DISTR IBU TION DIVIDENDSISHOHT-TERM CAPITAL GAINS LONG-TE RM CAPITAL GAINS CERTIFICATED SHARES BOOK SHARES OP TION S REINVEST REINVEST .000 125.262 YEAR-TO-DATE DIVIDENDS YEAR-TO-DATE SHORT-TERM YEAR-TO-DATE LONG-TERM CAPITAL GAINS CAPITAL GAINS TOTAL YEAR-TO-DATE DISTRIBUTIONS 59.34 50.00 $0.00 $9.34 PLEASE RETAIN THIS STATEMENT AS A RECORD OF YOUR TRANSACTIONS. PLEASE DO NOT USE THE ABOVE FIGURES FOR TAX rURYU5E5. YOURS FUND' SO PROSPECTUS FORECOMPLETE DETAILS?ES CHARGES MAY APPLY. SEE AS OF 08/25/98, YOU OWN 125.262 SHARES AND THE VALUE OF YOUR SHARES IS 5583.72. THE DIVIDEND DISTRIBUTION INCLUDES THE DAILY DIVIDENDS ACCUMULATED THROUGH WILL ?NCLUDE, DAILY 9, DIVIDENDS AUGUST 25 FROM AUGUST 26, 11398, THROUGH SEPTEMBER 27, 1998. SEE REVERSE SIDE FOP ADDITIONAL ISPORMATION Oppenheimer Strategic Income Fund B O MAKE AN ADDITIONAL PAYMENT: .EASE COMPLETE THIS STUD AND RETURN IT WITH YOUR CHECK MADE PAYABLE TO THE IND LISTED ABOVE. MAIL STUB AND CHECK TO P.O. BOX 173872, DENVER, CO a0217-3572. 1LINDAAS DLACECE & JT TEN WROS NOT TC AMOUNT OF PAYMENT S 857 MANDY LN CAMP H I L L PA 17011-1536 THANK YOU FOR YOUR ADDITIONAL INVESTMENT. 7 FOR CHANGE OF ADDRESS. CHECK THIS BOX AND FILL OUT REVERSE SIDE. 231 23133616667 583 IS 1 0002152 2 08125198 Exhibit 7 2000 Tax Return (to be obtained) Exhibit 8 Wife's Pay Stub (to be obtained) Exhibit 9 Wife's Highmark Pay Stub CI-IG MARK. I Pay Group: PIS 37.50 Man-sxeaVt Chttkp: 000044866 Pay Begin Dale 10/17/1996 ' Pa End Dale 10/30/1996 Chtt Dale 11/06/1996 glace,Llnda 6 Employee ID: 000264 TAX DATA: Federal state - 657 Mandy Lana Cosl Cent W. Lax Dm t-Internal Legal Marital status: Mauled S ingle Cam Hill PA 17011 IAm lon: CIRIA Allnmance: Job Title Secretary III Addl. Pct.: SSN: 165.40.5016 Pa Rate: 24 2)7.00 Annual ddl. mt.: 60.00 - - 110 11115 D F. HI C A F$ ••Current•'• • •• VTD•• Descri tion Rate liours Earnings Ilours Earnln s Descrl Ilon Current YTp Rapider Pay 12.450 71.25 667.06 1,560.50 17,602.02 FED OASOI/Dlsab S5.64 1,156.31 Personal Paid T 3.75 46.69 52.SD 570.43 FED FICA Modica 13.02 270.43 Vacation 0.00 69.50 635.77 FED Withholding 126.69 2,731.62 Flex Time Off 0.00 22.50 239.11 PA Withholding 25.03 519.96 Life Ina Credit 0.00 0.00 0.97 PA Haepdon T 9.34 194.59 PA E Pennsb T 0.00 10.00 Total. 75.00 9 33.75 1,725.00 19.457.10 Total- 231.92 4 662.91 es i tinn Current VTD Description Current VTD Dcscrl tlnn Current YTp Health 36.26 796.16 Higheark Club 0.25 5.75 401 30.02 642.19 Daniel 3.41 75.02 United May Fund 2.00 46.00 401 166.7S 3,651.43 Short Term Oise 0.00 2.60 Long Term Disab 0.00 1.59 Total: 226.44 4 724.61 'rotal: 2.25 56.22 'Taxable _ TOTAL SFE DERAL TAXA0I,V GROSS X. TO rAl, DEDUCT IONS NET PAY current: 933.75 707.31 231.92 226 .69 a 473.14 VI D: 19 457.10 14 717.22 4,862.91 4,796 .10 9,778.09 1130110" Ilona YrD Personal It.... 9 n s" VTH '" ' STRD IIITIO. Start valance 0.00 start naiance: 0.00 Start Balance 0.00 CHECK a: + Available 112.50 + Earned: 45.00 + Earned: 22.50 ADVICE 4: - Taken: 69.50 Taken: 45.00 - Taken, 22.50 Total: + • Adjustments: 0.00 +I• Adjustments: 0.00 - Sold: 0.00 End Balance. 43.00 End Balance 0.00 +/-Adjustments: 0.00 Document N: 00000000 0429 End Balance 0.00 MESSAGE: «««CONFIDENTIAL »»»> Highmark, Inc. 444<444 CONFIDENTIAL SIGNATURE BENEFITS - OPEN ENROLLMENT 2000 Le FOR nALl l3 J Linda S Slace 2 PBS / 294 November 9, 1999 1:09 PM INSTRUCTIONS PLEASE CAREFULLY REVIEW YOUR BENEFIT SELECTIONS. The Signature Benefits flexible benefit plan permits you to change your benefits program annually during Open Enrollmont, or as appropriate, upon a change In family status. Llsted below you will find your next years solections, based on your current salary level. BENEFIT SELECTIONS BENEFIT PLAN NEXT YEARS COVERAGE BENEFIT COST/CASH Coverage Level Two Party SC/Premier Bluo $+0.00 S-19.09 Medical Concordia Profenod $+0+00 S+0.00 Dental Life AD/D - 2 Times Pay 5 +51,000.00 $+0.00 Life and AD/D NOCOVERAGE $+0.00 S+0.00 Supplemental Life AD/D NO COVERAGE Dependent Life AD/D 70% for 26 Weeks li+0.00 $+0.00 Short-Term Disability Medical Reimbursement $+0.00 S-12.50 Medical Reimbursement Dependent Care Reimbursement NO COVERAGE NO COVERAGE Flex Day Sell Total Coat per Pay $.31.59 Approved changes will become effective an January 1 of next year, unless you have not satisfied the Initial waiting period. -Changes will remain in effect, with the exception of pre4ax reimbursement accounts,- you change them as permitted under the plan. Preaax reimbursements must be selected annually. MARIA P. COGNE= & ASSOCIATES Attorneys and Counselors at Law Practice Limited to Matrimonial Law Maria P. Cognetti' Attorney at Low -Fellow. American Academy or Matrimonial Lawyers January 4, 2002 E. Robert Elicker, II, Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 Re: Blace v. Blace Our File No.197 Dear Mr. Elicker: Karen A. Sheriff Paralegal Candith Y. Hill Paralegal Enclosed please find Plaintiff's Pre-trial Statement, with regard to the above referenced action. I am also sending a copy to Attorney Daley under cover of copy of this letter. Thank you for your attention to this matter. Very truly rs, a ti Maria . Co tti MPC/cyh cc: William L. Blace Kathleen Carey Daley, Esquire 210 Grandview Avenue, Suite 102 ? Camp Hill, PA 17011 Telephone (717) 9094060 ? Fax (717) 9094068 Email CognettiLaw@aol.com DALEY LAW OFFICES 1029 SCENERY DRIVE. • HARRISBURG, PA 17107 • (717) 657-4795 • rAX (717) 657-4996 January 3, 2002 E. Robert Elicker, 11, Esquire OFFICE OF THE DIVORCE MASTER 9 North Hanover Street Carlisle, PA 17013 RE: Blace v. Blace No. 99-5977 -Civil Term Dear Mr. Elicker: Enclosed for filing with the Court is the Pre-Trial Statement I have prepared on behalfof the Defendant, Linda S. Blace, pursuant to this Court's directive. I look forward to the prompt scheduling of a pre-trial conference in the hope that Ms. Cognetti and I can reach a settlement as to all pending matters. Respectfully submitted, DALEY LAW OFFICES Kathleen Carey Dal KCD:ksm Enclosures cc: Maria P. Cognetti, Esquire Linda S. Blace *-h OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, If Divorce Master Traci Jo Colyer Olliee Manager/Reporter December 12, 2001 Maria P. Cognetti Kathleen Carey Daley Attorney at Law Attorney at Law 210 Grandview Drive, Suite 102 1029 Scenery Drive Camp Hill, PA 17011 Harrisburg, PA 17109 RE: William L. Blace vs. Linda S. Blace No. 99 - 5977 Civil In Divorce Dear Ms. Cognetti and Ms. Daley: West Shore 697-0371 Ext. 6535 Attorney Cognetti filed the certification document with our office, which was dated September 12, 2001, indicating that discovery is complete. Attorney Daley has not indicated the status of discovery; however, I am going to proceed on the basis that discovery is complete and we will not deal with any discovery issues at the time of the pre-hearing conference. This action was commenced by the filing of a divorce complaint on September 20, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint, On August 23, 2001, the Plaintiff filed an amended complaint raising the economic claim of equitable distribution and averring that the parties have been separated for a period in excess of two years. I assume that grounds for divorce are not an issue and that either the parties will sign affidavits of consent or the Plaintiff can file an affidavit under Section 3301(d) averring a period of separation in excess of two years. No claims have been raised for alimony or counsel fees and costs. Ms. Cognetti and Ms. Daley, Attorneys at Law 12 December, 2001 Page 2 In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, January 4, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. MARIA, P. COGNI;TTI & AsSOCIA,T ES Attorneys and Counselors at Law Practice Limited to Matrimonial Law mana P. cognettt• Attorney at Law 'Fellow, American Acadcmy of Mavimonial Lawyers September 12, 2001 E. Robert Elicker, II, Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 RE. BLACE V. BLACE Docket No. 99-5977 Our File No. 197 Dear Mr. Elicker: Karen A. Sheriff Paralegal Enclosed please find Plaintiffs Discovery Certification. Should you have any questions, please do not hesitate to contact us. , Vrery? truly your Maria P. Cpgnetti J MPC/kas Enclosure cc: William L. Blace Kathleen Carey Daley, Esquire 210 Grandview Avenue, Suite 102 ? Camp Hill, PA 17011 Telephone (717) 909-4060 ? Fax (717) 909.4068 Email CogncitiLaw@aol.com I :rte .... . CURTIS R. LONG Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 NOT KNOWN [3 AT SUCH NUMBER/ STREET 0 UNABLE TO FORWARD DRESSED OS - 7 if . I I I I I , ] 111111111 fill III III ll 11 lill tlt1.......... 7 x V 2ti•e.- -r 1. 'LJ1 ,.uq l I f t' i ?. i f. I ' ®? =034 +!ETER +' ?°p 71134b0 U. S. POSTAGE ? 4a?4 ?; 2 CIENT ADDRESS tjOTHER ? INSUFFI A ? ATTEMPTED C'OMb OVA I ALI'11 Ctl- PHNNSNIVANi \ ('OI:N i Y01 CI AIHI.M ANI) S'. Mill Rl ?%,i I, I 'k :1 I'LN:v?YI C,\VIA .!'Idulldl t I.INI)A S. IiI.ACP. Uctendaut NO. 99-5977 MOTION FOR ,\I'I'OIN1'lll?N'1' OP J1,\S'I'li It AND NOW. /.(? (13AI/).4 /7 , 2001, col Iles dic m oc rsig tied attorney for lire piaintift and certifies to the Court that the alv4ve action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The Ibilowing matters are at issue between the plaintiff and the defendant: (X ) Grounds for divorce: 1 1 Alimom Pendente lite, l 1 Support: Counsel Ices: ( ) Alimonv; 1 ) P'llcloto, ( x ) 1-quitablc distribution of ( ) Custody: property; ( ) Usher Service of llte complaint was made on the above named defendant oil_ October d. 1999 be certified mail _ (personal service, publication, etc.) An appearance on behalf of the defendant has been entered by Kathleen CDaley Esquire The following attorneys have been interested in other matters arising between the plaintiff and defendant: nhn Contest indicated. MARIA p COGN i 1` I, ESQUIRE ntcy for Plainti f All, AND NOW, 2001, Esq., is 1;6eby alp) inted Master in this proceeding to hear the testimony and return Elie record and a transcript to the Court together with report and recommendation. BY THE COURT: !1. ?Ox 0?? DALEY LAN/ OFFICES 1029 SUNERY DRIVE HARRISBURG, PENNSYLVANIA 17109 (11 7) 657-4795 JAN 15 2003 WILLIAM L. BLACE, Plaintiff V. LINDA S. BLACE, n/k/a LINDA S. FRANKLIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5977 CIVIL ACTION - LAW IN DIVORCE UALIFIE DOj;. ATIONS ORDER AND NOW, this t day of , 207, it appears to the Court as follows: William L. Blace, Plaintiff, date ofbirthJune 18,1946 (Social Security Number 184- 36-6815), hereinafter referred to as "Participant," is a participant in the Siemens Savings Plan for Employees of Siemens Building Technologies, Inc. (hereinafter referred to as "the Plan"). 2. The current and last known mailing address of Participant is 857 Mandy Lane, Camp Hill, Pennsylvania 17011. 3. Linda S. glace, n/k a Linda S. Franklin, Defendant, dateofhirth September 25, 1948 (Social SecurityNumber 165-40-5016), hereinafter referred to as "Alternate Payee," is the ex-spouse of the Participant and has raised claims for inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. Section 3101, et seq. A Postnuptial Agreement was entered into by the parties on June 19, 2002. A Decree in Divorce was entered on August 6, 2002. 4. The current and last known mailing address of Alternate Payee is 14 Ashbury Road, Orangeville, Pennsylvania 17859. 5. This Order applies to the following plan: Siemens Savings Plan for Employees of Siemens Building Technologies, Inc. 6. A portion of the Participant's account in the Plan is marital property subject to distribution by this Court. 7. As per the terms of the parties' Postnuptial Agreement, the Plan shall award to the Alternate Payee, as a separate interest, the sum of $227,500.00 from Participant's total account balance in the Plan as of June 20, 2002. This sum shall include all applicable interest or losses attributable to this amount awarded to the Alternate Payee from June 20, 2002, through the date of distribution to the Alternate Payee. This amount shall be taken pro rata from all of Participant's accounts in the Plan. This sum shall be distributed to Alternate Payee through a roll-over of funds to an Individual Retirement Account designated by Alternate Payee. 8. The distribution to Alternate Payee from the Plan shall be made as soon as administratively practicable following the Plan Administrator's determination that this Order is a Qualified Domestic Relations Order. 9. Participant's death shall have no effecton payment ofAltemate Payee's benefit under the Plan. -2- 10. In the event the Alternate Payee dies before the Alternate Payee's benefit is paid, the benefit shall be paid in accordance with applicable Plan provisions regarding payments to beneficiaries, including payments when no beneficiary is designated. The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits. The death of the Alternate Payee before the Plan determines that this Order is a Qualified Domestic Relations Order shall not affect the right of the Alternate Payee's Beneficiary to benefit from the Plan. 11. Alternate Payee shall be individually responsible for any taxes incurred because of a distribution out of the Plan to him/her. 12. The parties shall promptly notify the Plan Administrator of any change in their addresses from those set forth in this Order. The Plan Administrator is: Administrative Committee, Siemens Corporation, c/o Siemens Benefits Service Center, 100 Half Day Road, Lincolnshire, IL 60069. 13. Nothing contained in this Order shall be construed to require any plan or plan administrator: (a) to provide to the Alternate Payee any type of form of benefit or any option not otherwise available to the Participant under the Plan, (b) to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another Order determined by the Plan Administrator to be a Qualified Domestic Relations Order before this Order is determined bythe Plan Administrator to be a Qualified Domestic Relations Order, or -3- (c) to provide increased benefits to the Alternate Payee. 14. It is the intent of the parties and the Court that the provisions of this Order operate as an effective assignment of the Participant's interest in the Plan under both federal and state laws, for all purposes, and constitute a valid Qualified Domestic Relations Order in compliance with Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order; provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provided that no such amendment or right of the Court to amend will invalidate this Order. 16. A certified copy of this Order shall be served upon the Plan. Said Order shall take effect immediately upon approval of the Order by the Plan and shall remain in effect until further Order of Court. BY THE COURT, ( M r) I J. V -4- 'Y 03.1?.i12 ' it l E; 52 n n V .r WILLIAM L. BLACE, Plaintiff V. LINDA S. BLACE, n/k/a LINDA S. FRANKLIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5977 CIVIL ACTION - LAW IN DIVORCE STIPULATION ANDNOW, this 3 dayof 2001the parties in the above-referenced action hereby stipulate and agree that the Order attached hereto encompasses their intent and that it may be adopted as a Court Order. Li M"t w. ?L!? - Witne ss 471- ones. William L. Blace, I ntiff Linda S. Franklin, Defendant