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HomeMy WebLinkAbout01-6344LISA A. CUNNINGHAM, Plaintiff BRIAN K. CUNNINGHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divome or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LISA A. CUNNINGHAM, Plaintiff v. : NO. ; BRIAN K. CUNNINGHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE AVISO Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notifcacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERICIO, VAYA EN PERSONA O LLAMA POR TELEFONO A LA OFICINA CUYA DIRECION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LISA A. CUNNINGHAM, : Plaintiff : : v. : NO. 0l-~0~t~q : BRIAN K. CUNNINGHAM, : CIVIL ACTION - LAW Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT IN DIVORCE AND NOW comes Lisa A. Cunningham, by and through her counsel, Killian & Gephart, LLP, who represents as follows: 1. Plaintiff, LISA A. CUNNINGHAM, is an adult individual who currently resides at 63 Greenmount Drive, Enola, Cumberland County, Pennsylvania 17025. Her date of birth is November 16, 1970; and her Social Security Number is 192-66-1267. 2. Defendant, BRIAN K. CUNNINGHAM, is an adult individual who currently resides at 63 Greenmount Drive, Enola, Cumberland County, Pennsylvania 17025. His date of birth is July 16, 1970; and his Social Security Number is 168-64- 1494. 3. Plaintiff avers that she has been a bonafide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 23, 1995, in New Cumberland, Pennsylvania. 5. Plaintiffavers that there are two children of the patties under the age of 18, namely: Meghan Elaine Ctmningham, date of birth, April 26, 1999; and Lucas Brian Cunningham, date of birth, February 21, 2001. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There have been no other prior actions of divorce or annulment filed by either of the parties hereto. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. COUNT ONE -- CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 10. The averments of Paragraphs 1 through 9 are hereby incorporated by reference thereto. 11. The Plaintiff and Defendant are the owners of various items of property acquired during their marriage which are subject to equitable distribution by this Court. Dated: WHEREFORE, the Plaintiff requests the Court enter a Decree: ao hereto; Dissolving the marriage between Plaintiff and Defendant; Equitably distributing all marital property owned by the parties and just. Granting such further relief as the Court may determine equitable Respectfully submitted, November 5,2001 KILLIAN & GEPHART, LLP P.O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I.D. #53148 Attorneys for Plaintiff 3 VERIFICATION I hereby verify that the statements of fact made in the foregoing document are tree and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Dated: 11/05/01 LISA A. CUNNINGHAM Plaintiff, v. BRIAN KEITH CUNNINGHAM Defendant, IN THE COD~RT OF CO5~4ON PLEA~ CL~4BERLAND COUNTY, PENNSYLVANIA NO.01-6344 CIVIL CIVIL ACTION - IN DIVORCE A/~D NOW, Brian Keith Cunningham, by his attorney, Jeffrey A. Keiter, and files this Answer to Plaintiff's Complaint: 1.-8. Admitted 9. ANSWER TO C(~PLAINT IN DIVO~C~- this~day of January, 2002, comes the Defendant, J.D., It is denied that the marriage is irretrievably broken. On the contrary, the Defendant believes that there is a reasonable prospect for reconciliation between the parties. COUNT ONE - CLAIM FOR EQUITAmLF DISTRIBUTION OF MARITltL PROPERTY 10. Defendant's Answer to paragraph 1-9 hereof are incorporated herein by reference. 11. Admitted WHEREFORE, the Defendant respectfully requests that the Complaint be dismissed. f.u~l, y submitted, 226 West Chocolate Avenue Hershey, PA 17033 (717) 533-8889 LISA A. CUNNINGHAM Plaintiff, V. BRIAN KEITH CUNNINGHAM Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, N0.01-6344 CIVIL CIVIL ACTION - PENNSYLVANIA IN DIVORCE VERIFICATION I verify that the statements made in this ANSWER TO DIVORCE COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. BRIAN~KEiTH CUNN~G~ LISA A. CUNNINGHAM Plaintiff V. BRIAN KEITH CUNNINGHAM Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6344 Civil CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE AND NOW, this 21st day of January, 200~, I, Jeffrey A. Keiter, attorney for the Defendant, Brian Keith Cunningham, hereby certify that I have forwarded a hue and correct copy of a Answer To Complaint In Divorce by First Class Mail, postage prepaid to the following: J. Paul Helvy, Esquire Attorney for the Plaintiff 218 Pine Street P.O. Box 886 Harrisburg, PA 17108 Jef~e~ ~ei~t ~ Supreme. vurt I.D. 15966 226 West Chocolate Avenue Hershey, PA 17033 (717) 533-8889 AGREEMENT Between Brian Keith Cunningham and Lisa A.Cunningham Jeffrey A. Keiter, Esq. Counsel for Brian Keith Cunningham J. Paul Helvy, Esq. Counsel for Lisa A. Cunningham Page 1 of 34 AGR~.~-M~-NT made this ~day of ~,~,~. , 2002, by and between Brian Keith Cunningham ("Husband") and Lisa A. Cunningham ("Wife") . WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September 23, 1995 in New Cumberland, Pennsylvania. There were two(2)children born of this marriage, Meghan Elaine Cunningham, born April 26, 1999, and Lucas Brian Cunningham, born February 21, 2001. WHEREAS, diverse difficulties have arisen unhappy differences, disputes and between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; the custody, partial and legal custody of the minor children of the parties; and in general, any and all claims and possible claims by one against the other or against their respective estates. Page 2 of 34 NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no- fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended. 2. EFFECT OF DIVORCE DECREE; FINAL DECREE OF DIVORCE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. On or before the date of execution hereof, Page 3 of 34 Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE Except as otherwise expressly set forth herein, the date of execution of this Agreement shall be the same as the date of distribution of particular assets divided, distributed, assigned and/or allocated hereunder. 6. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, J. Paul Helvy, Esquire, for Wife, and Jeffrey A. Keiter, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. Page 5 of 34 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, 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. 8. PERSONAL PROPERTY Except as otherwise provided and specifically set forth herein, Husband hereby assigns, conveys and transfers to Wife all of his right, title and interest in and to any and all furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and any other items of tangible personal property of whatever nature which are presently located or situated in the residence at 1606 Chatham Road, Camp Hill, Cumberland County, Pennsylvania. The aforesaid items shall constitute the sole and exclusive property of Wife. Except as otherwise provided and specifically set forth herein, Wife hereby assigns, conveys and transfers to Husband all Page 6 of 34 of her right, title and interest in and to any and all furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and any other items of tangible personal property of whatever nature which are presently located or situated in the residence at 872 School House Lane, Lewisbury, York County, Pennsylvania 17339. The aforesaid items shall constitute the sole and exclusive property of Husband. Irrespective and in addition to the foregoing, the parties agree that Husband shall sell the Kenmore refrigerator that belongs to the parties and the net proceeds of sale shall be divided equally between the parties. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items hereby assigned to the other, which shall hereafter be the sole and exclusive property of the other. 9. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: ao trucks, exclusive property of Wife, The following described motor vehicles (i.e., automobiles, motorcycles, etc.) shall hereafter be the sole and subject to any liens and encumbrances: Page 7 of 34 Vehicle 1. 1994 Jeep Cherokee Sport VIN 1J4FJ68S9RL205547 Estimated Market Value $3,970 (trade in) B. The following described motor vehicles (i.e., automobiles, trucks, motorcycles, exclusive property encumbrances: Vehicle 1. 1996 Dodge etc.) shall hereafter be the sole and of Husband, subject to any liens and VIN 187GG23Y2TS600129 Estimated Market Value $6,105 (trade in) Dakota pickup C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Certificates of Title and Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on distribution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien Page 8 of 34 have sold privately. The net proceeds from the sale of the residence is $ 17,606.13, which sum is being held by Wife pending the execution of this Agreement. On the date of execution hereof, the net proceeds shall be divided equally between the parties. Each party shall be responsible for any tax on the capital gains, if any, realized upon the share of the proceeds from sale of the property passing to him or her hereunder, provided that either party may rely on an exclusion or exemption of such gain provided under applicable federal or state law. 13. LIFE INSURANCE Each party specifically releases and waives any and all interest, claim or right that he or she may have in and to any incidents of ownership in and/or benefits of or from any policies or plans of life insurance insuring the life of such party. Wife acknowledges and confirms that Husband is the owner/participant and named insured of a certain whole life and decreasing term policy of life insurance, issued by Modern Woodmen of America on his life, with current death benefit of $100,900.00, as well as a group term insurance death benefit equal to approximately one (1) times his annual salary. Attached hereto, marked Exhibit "~" and made a part hereof is a copy of an Annual Report, prepared ~Og. ~6 ~ describing life insurance benefits now available to Husband, together with Page 14 of 34 estimated cash surrender values for the whole life component of such policy. Husband acknowledges and confirm that Wife is the owner of a whole life policy of insurance on her life, issued by Modern Woodman of America, which policy has substantially the same term and conditions and death benefits as Husband's policy described above. Husband waives, relinquishes and release to Wife all rights and claims to any and all incidents of ownership in and benefits from said policy. 14. DEFERRED COMPENSATION PROGRAM On the distribution date, Husband shall assign and transfer to Wife all of his right, title and interest in a certain Deferred Compensation Program available to Wife through her employment by the Commonwealth of Pennsylvania, and administered through Citistreet, account number 01111142 herein called the "Deferred Compensation Program(DEF)"). The approximate value of said DEF, as of June 30, 2001, as reported by the DEF, is believed to be the amount set forth on the attached statement of account, issued by Citistreet, dated ~ -%~-(~b~ , a true and correct copy of which is attached hereto, marked Exhibit ~" and made a part of this Agreement. By these presents, Husband hereby specifically waives, releases, renounces and forever abandons any claims which he may Page 15 of 34 have with respect to the DEF, which account shall hereafter be the sole and exclusive property of the Wife. 15. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed by the parties in this Agreement. Neither party intends by the execution hereof to release any claim which he or she may have in assets which have not been disclosed in a writing made part of this Agreement. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. Page 16 of 34 The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 16. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 17. TAX CONSEQUENCES It is the understanding of the parties that the property transfers described in this Agreement are within the provisions of Section 1041 of the Internal Revenue Code and will not result in the recognition of any gain or loss upon the transfer. It is understood by the parties that the transfer of property subject Page 17 of 34 to Section 1041 of the Internal Revenue Code will require that the transferee take the property with the tax basis equal to the tax basis that the property had in the hands of the transferor. 18. RELEASE OF SUPPORT AND ALIMONY--ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It Page 18 of 34 shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 19. HEALTH INSURANCE AND MEDICAL EXPENSES--COBRA Upon the entry of a final decree of divorce, Wife and Husband shall cooperate fully in allowing the other to continue, if he or she wishes and is able, their current medical insurance coverage under the Comprehensive Omnibus Budget Reconciliation Act (COBRA) of 1986 and shall execute all documents and deliver to the other all notices relevant thereto. The participant in the relevant group plan hereby agrees to allow the non- participant party to communicate directly, without limitation, with the relevant medical insurance carrier, and the participant hereby waives any objections to the non-participant, in good faith, processing claims or communicating with said insurance carrier. Said entitlement to communication with the medical insurance carrier shall include, but not be limited to, direct submission of bills by the nonparticipant to the carrier, direct reimbursement by the carrier to the non-participant and direct delivery to the non-participant from the carrier of all relevant cards, information and brochures. 20. HEALTH INSURANCE--HUSBAND AND CHILDREN Husband and Wife shall continue to provide the current - or Page 19 of 34 substantially similar - health insurance coverage for the other, and the parties' children, as dependents, through his or her employment (or subsequent place of employment), to the extent such coverage remains available to such party as an employee, until the entry of a divorce decree. In addition, each party shall continue to provide such health insurance coverage to the children of the parties until the children are no longer deemed dependents entitled to such coverage, provided that any order for child support lawfully entered may change and supersede any provision made hereunder for health insurance coverage for children who may be entitled to be supported under applicable law. 21. COUNSEL FEES AND EXPENSES Each party hereby agrees to be solely responsible for her or his own counsel fees, costs and expenses and that neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 22. EXISTING AND FUTURE PERSONAL OBLIGATIONS The parties hereby agree that all existing personal liabilities, debts and obligations of every description which have been incurred by either of them shall be paid in a timely fashion by the party who is assigned responsibility for the said liability by the provisions of this Agreement. Husband and Wife Page 20 of 34 each hereby indemnify the other and guarantee to hold each other harmless for any and all payments, charges or penalties due on account of any liability which is made the sole responsibility of Husband or Wife by the provisions of this Agreement. Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts shall be terminated immediately, and that no charges shall be incurred by either party against any joint account from the date of execution hereof. Page 21 of 34 23. JOINT INCOME TAX RETURNS The parties intend to file joint federal and state income tax returns for 2001. Each party shall contribute to the joint tax liability in accordance with the ratio that his or her individual taxable income bears to the sum of the individual taxable incomes of both spouses. For the purposes of the foregoing, each spouse's individual taxable income shall be determined on the assumption that each spouse is entitled to one- half of the total dependency exemptions and one-half of the non- business (personal) deductions. In the event that either spouse has, through the payment of estimated taxes or employer withholding, contributed more than her or his allocable share as determined in accordance with the above, the spouse who has overpaid shall be entitled to reimbursement from the other spouse. Refunds shall also be allocated in accordance with the above ratio, provided however that if a refund for a preceding taxable year is created because of any item that may be carried back, the refund (or the relevant portion thereof) shall be shared in accordance with the ratio of individual taxable income in the preceding year to which the carried-back item was taken. The parties acknowledge that neither has any personal knowledge concerning the income of the other. Any penalties or Page 22 of 34 additional tax incurred as the result of non-personal deductions being disallowed or the failure to accurately report income shall be the sole responsibility of the person wrongfully claiming the deduction or inaccurately reporting the income. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any joint tax returns, any claim for refunds and defense of any tax audit. Any federal or state tax refunds for the calendar year 2001 shall be shared equally between the parties. 24. JOINT INCOME TAX INDEMNIFICATION Husband agrees that he will be solely responsible and hold Wife harmless for any and all contingent liabilities on joint income tax returns previously filed by the parties and will agree to pay any claim or expenses arising out of such returns or liabilities (including reasonable counsel fees, tax, interest and penalties), unless additional liabilities are found to be attributable to misrepresentations or failures to disclose the nature and extent of Wife's income or deductions as may appear on said previous tax returns. 25. RECORDS PERTAINING TO BASIS Each party agrees to supply the other with all records in his or her possession pertaining to the cost basis, adjusted basis, holding period and potential tax recapture liability of Page 23 of 34 any asset which such party has transferred to the other pursuant to this Agreement. 26. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or Page 24 of 34 by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. Page 25 of 34 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 27. FINANCIAL DISCLOSURE Incorporated into this Agreement are the financial disclosures of the parties with respect to assets, liabilities and income. Except as otherwise set forth herein, each party confirms that he or she is relying upon the substantial accuracy of the financial disclosure as an inducement to the execution of this Agreement. No representations or warranties have been made by either party to the other, or by anyone else, as to financial status of the other, except as expressly set forth in this Agreement, including any Exhibits or schedules attached hereto. 28. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 29. LAW OF PENNSYLVANIA APPLICABLE Page 26 of 34 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 30. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 31. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 32. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 33. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict Page 27 of 34 performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 34. SEVERABILITYAND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 35. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to 872 Page 28 of 34 School House Lane, Lewisbury, Pennsylvania 17339, York County, Pennsylvania, and Jeffrey A. Keiter, J.D., Esquire, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to 1606 Chatham Road, Camp Hill, Cumberland County, Pennsylvania and to J. Paul Helvy, Esquire, or such address hereinafter provided, in writing, to Husband by Wife. 36. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 37. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 38. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Page 29 of 34 Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or is dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 39. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Page 30 of 34 40. CONFIDENTIALITY This Agreement and the documents produced in the process of negotiating the provisions hereof ("documents") shall not be filed with any public official or otherwise placed on public record, except as may be necessary and required in connection with a divorce proceeding or in order to enforce any of the terms hereof. The parties shall cooperate in an effort to seal the record in any divorce proceeding as it may relate to this Agreement or the documents. The parties further agree that, subject to required disclosure by subpoena, deposition or other order of a court or governmental agency, neither party shall disclose the terms of this Agreement or the documents as aforesaid or the contents of the attached Schedules, and each shall instruct his or her counsel and other experts to maintain this confidentiality. In the event of any subpoena, deposition or other order requiring disclosure of this Agreement or the documents as aforesaid, the party receiving such subpoena, deposition notice, or other order as aforesaid will notify the other and allow the other to defend against such disclosure at the defending party's own costs. The foregoing prohibition of disclosure shall not apply to disclosure to any proposed spouse of either party in connection with representations being made in Page 31 of 34 a premarital agreement between a party hereto and such proposed new spouse. 41. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 42. INCORPORATION All the statements and paragraphs set forth in the preceding WHEREAS clauses to this Agreement are incorporated herein by reference, and are made a part hereof with the same force and effect as if restated in full. However, to the extent inconsistent, the provisions of this Agreement shall prevail over any inconsistent provisions contained in the WHEREAS clauses to this Agreement. 587 ACKNOWLEDGMENT OF SOCIAL SECURITY N%~MBERS Husband hereby warrants that his Social Security Number is 168-64-1494. Wife hereby warrants that her Social Security Number is 192-66-1267. Page 32 of 34 43. READING OF AGREEMENT Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. Br~an Keith ~nningham (SEAL) Lisa A. C~nning aa~' ' Page 33 of 34 ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA .. COUNTY OF D9%~th~' COMMONWEALTH OF PENNSYLVANIA : SS: On ~t~-~ g~ , 2002, before me, ~+~ ~L~ , the undersigned officer, personally appeared Brian Keith Cunningham known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and he acknowledged that he executed the instrument for the purposes stated in the instrument. In witness whereof, I set my hand and official seal. ~ ~_ ~ [signature ] ~tary Public : SS: COUNTY OF ~(~,~ : On ~)~. {~ ~ , 2002, before me, o~ ~Q~O~-F ~D\¢Q , the undersigned officer, personally appeared Lisa A. Cunningham known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and she acknowledged that she executed the instrument for the purposes stated in the instrument. In witness whereof, I set my hand and official seal. ~~Notar~ ~Publ~_ sigma ture ] I Notarial Seal J I Rhonda L. Lang, Nom~ Pu~lo ! Ha~sbu~ Da~hln C,o~n~ I My Com~l~ion ~p~re~ ~. 9, 2004 VERIZON MID-ATLANTIC ~ ,~'~ .... '" ~O~etirement Savings. Statement ','~~'~'~..'~'~e.~.~, · er20,2001 -December31,2001 .... - ,,~ ~. .~<:~..S~:~ ~la} Security Numbe.r: 168-64.1494 E;t~#tlGO16311: ..... ' , MG 90274 A BRIAN CUNN[NGHAH 63 GREENNONT DR£VE ENOLA, PA 17025-0000 {~' Customer Service Number: 1-888-457.9333 ' Internet Address: www.401k, com Representatives are available 8:30 AM to Midnight. Your Account Summary Beginning Balance $0.00 Balance Forward 47,455.06 Change in Account Value -265.26 Dividends 2.03 Ending Balance $47,191.83 Additional Information · Vested Balance $47,191.83 Your Personal Rate of Return This Period -0.6% Year to Date -0.6% Your Personal Rate of Return is calculated with a time-weighted formula, widely used by financial analysts to caJculate investment earnings. It reflects the results of your invec~nent selections as well as any activity in the plan account(s) shown. There are other Personal Rate of Return formulas used lhat may yield different results. Remember that past performance is no guarantee of future results. ~Your Asset Allocation · Stocks 42% · Bonds 51% [] Short4erm 7% Your. in,vestments are currently allocated among the displayed asse~ crosses, r'ercentages and totms may not be exact due to rounding. Your Account Information General Information Participant Status Active Contribution Elections Pre-Tax Matched 6% After-Tax Matched 0% Pre-Tax Unmatched 10% After-Tax Unmatched 0% 16311 Please read this statement carefully. Any errors must be reported toF'[dehty' Investments within' ' 30 days. MG016311 0001 20020220 MG4K ' t 68641494 Page 1 of 4 VERIZON MID-ATLANTIC ' ' ' ' Statement Period 12/20/2- '1'to' ' Social Secu' N: ' oo, t2J~1/2001 my urn=er: 168-64-1494, _Your Current Investment.Election8 02/20/2002 ' ~'?'~, · .": .... '. ' .... · ,uT. 40% 40% ' Inet Govt Money Mkt ~ 20% '~ ---- 40% Vedzon Co Stk Fund ' 209[ ~':" ' '~ 20% ~'Y'~ ~ 20% Investment Rollovar Active US Small Cap 20% Conservative 40% Inst Govt Money Mkt 20% Verizon Co Stk Fund 20% Total 100% NTO .~ Investment SharInq Active US Small Cap 20% Conservative 40% lnst Govt Money Mkt 20% Vedzon Co Stk Fund 20% Total 10(P~ Co Contr/b~_~__ _~n_ a 20% 40% 20% 20% 100% Profit Sharina leto) 20*/° 40% 20% 20% 100% Level Cc,-~,,b~;;~ I~,;;; 20% 20% 20% 40% 4~ 4~ 2~. 20% 2~. 20% 1~% 1~ 1~% Your Account Activity · ' Usa INs secdon as a summa~, of Irans~ctions that occurred in your account dudng the statement pedod. Active Inet Verizon Verizon Activity US Small Ca~ Conservative Govt ~;o,~ev Mkt Co Stk Fund I_-__.~_=.~ ;u, i Beginning E~!~:ce $0.00 $0.00 $0.00 $0.O0 $0.00 Balance Forward 742.83 24,221.60 3,030.93 8,265.77 11,193.93 Change in Account Value 23.93 38.74 0.00 -136.73 -190.30 Dividends 0.00 0.00 2.03 0.00 0.00 Ending Balance $765.86 $24,260.34 $~,032.96 $8,129.04 $11,O03.63 Activity Total Beginning Balance $0.00 Balance For#ard 47,455.06 Change in Account Value -265.26 Dividends 2.03 Ending Balance $47,191.83 Market Value of Your Account This section displays Ule value o! your account for lhe period, in bolh shares and dollars. Shares on Shares on Price on Price on Market Value Investment 12/19/2001 12/31/2001 12/19/2001 12/31/2001 on 12/19/2001 Stock Irlve~ta ...... ~ ...... .................................................... : ............ ................... "' ............. :::::::::::::::::::::: .... !::' i::~i'!~!~!:~:f~!:~:!!~!:!:~!:~i~i:i:i!i~!ii!!::ii:i!ii iili :!iiiiii!i~ Active US Small Cap 0.000 74.283 $10.00 $10.31 0.00 Verizon Co Stk Fund 0.000 596.003 $13.92 $13.63 0.00 Verizon Lesop Port 0.000 1,119.393 $10.00 $9.93 0.00 :::-' ::::::::::::::::::::::::::::::::::::::::::::::::::: Conservative 0.000 1,351.640 $17.91 $17.94 0.00 16311 MG016311 0001 20020220 MG4K Market Value on 12/31/2001 765.86 8,129.04 11,093.63 168641494 Page 2 of 4 ON MiD-ATLANTIC Statement Period: 12/20/2001 to 12/31/2001 'Mar Social Security Number: 168-64-1494 ket V lue of Your Account (continued) Shares on Shares on Price on Price on Market Value Market Value Investment 12/19/2001 12/31/2001 12/19/2001 12/31/2001 on 12/19/2001 on 12/31/2001 0.000 3,032.960 $1.00 $1.00 0.00 3,032.96 Remember that a dividend payment to fund shareholders reduces the share price of the fund, so a decrease in the share price for the statement period does not necessarily reflect lower fund performance. Fund Performance A summary of investment performance for ail funds available in the plan. Funds you own are marked with an asterisk. Investment (VRS Code) 3 Month YTD 2000 1999 Ig~8 I Year 3 Year $ Year 10 Year Life Date Verizon Co Stk Fund (95643) -11.5t -2.55 -10.98 7.46 32.95 -2.55 -1.69 10,70 N/A 13.14 Verizon Lasop Port (10045) .................... 12/30/1994 Verizon Lasop Po~t (95636) --11.75 -2.79 -11.18 7.85 33.36 -2.79 -1,01 11.21 N/A 13.51 12/30/1994 Conservative (98847)' 1.22 7.15 6.88 5.77 6.76 7.15 6.60 6.65 N/A 6.72 t Z/31/1992 Inst Govt Money Mkt (94961)* 0.63 4.18 6.37 4.91 5.29 4.18 5.15 5.23 N/A 4.87 12/31/f992 7-Day Yield: N/A + Past performance is no guarantee of future results. Total returns are historical and include the change in share vaiue and reinvestmant of dividends and capital gain dist~butions, if any. Cumulative returns are reported as of the periods shown. Life of fund figures are from commencement date to the period shown. Due to regufetary requirements the average annual total returns ere reported as of the most recent calendar quarter for the periods shown and are calculated using a standard formula. The figures de not include the effect of sales charges, if any, as these charges are waived fur contributions made through your company's employee benefit plan. If sales charges were included, retums would have been lower. Each fund's share Ixice (except money mad(et funds), yield, and return will var/, and you may have a gain or loss when you sell your shares. Non-Fidaiity mutual funds are managed by non-Rdelity entities. Please consult the prospectus for more information. If applicable, class of shares nnonY.~l~,,,P%~:o~,,~ .?.ur. ~a~.~.d~u~ ,..m.e_n,~on__fo~r?h~...s. peci.fic .cl~. ss of sh .ar.e.s availabfe through your plan Performance nformation for somplata *nformal~on about an of the mutual fun Y ds av,-labla through the Plan, including ~e~s and expenses, call or write Fidelity for free prospectuses. Reed them carefully before you make your invaslment choices. Fidelity Inveslmants Institutional Services Company, Inc, 82 Devonshire Street, Boston, MA 02109 2i 53420.001 ** Fund Performance was not available at lime of statement printing. A Message From Verizon This statement reflects your balance brought forward from the Varizon Savings and Security Plan for Mid-Atlantic Associates as of December 20, 2001 as well as all activity from December 20 through December 31, 2001. The 'Balance Forward" figure as of December 20th should match the closing balance reflected on the savings plan statement you received from your prior recordkeeper. Y ,o_u_ .acc? your a. c %o ? 2 . by ogging o? .a.t www.401k:com. *f have any qu.t n., p easo ca, the Ver zon Saving, *-,an oerwce uemer at ~.-4.~-~s~. ~epresenta~ives are avaliable from 8:30 a.m. to midnight ET each business day. The interest rate on general purpose ~ans initiated during the first quarter of 2002 will be 4.75% and primary residence loans will be 5.75% . , . 16311 MG016311 0001 20020220 MG4K :' 168641494i Page 3 of 4 VERIZON MID-ATLANTIC Statement Period: 12/20/2~i to;~J3112001 Social Security Number: 168-64-1494 Your Statement Glossary Average Annual Total Return ~ ~et Va~e ~~ To~ R~ ~ Val~ U~at VNue is ~e ~ v~ of ~ ~,s~ ~ ~r ~L Y~ ~ ~ y~r ~f v~~ by'u~l"g ~ ~ ~ula: ~et V~e = ~m~r of s~es or uni~ ~ ~r ~t x ~ ~ ~ or unit of ~ ~. Sh~ ~s ~ ~r u~ of o~emhip of i~as~ In ~ur S~m Pri~ ~e vMue of ~e ~e of e~ ~ in your ~t is ~1~ s~ ~. It is ~i~ by ~ng ~ ~ vN~ of ~ ~ ~ves~t open on a given ~y ~d d~ ~ by ~e nu~ of s~s outs~g. Un~s ~e[ Un~a~ ~s mt a~t ~ in~N ~at v~ of y~r ow~mhip In ~y s~, only ~ ~n~ in ~ it is ex~ Some special information about other sections in your account ~tatement Aaeet Allocation Investments can be divided into three major asset classes: Stocks, .~Boen~eand. S. hort Ts. tm !nvestmants. These asset classes represent rent types oT unoenying securities that may be held in the [~v__es~_ ~tr~, t optS. ns y?u own. Please note that you may be Invested in a enaea ~unu wnere me ~und holdings are invested in more than one asset class. e Stocks Stocks can add a growth component to your portfolio." They re.present, ownersh, ip or equity in a company. Stocks have the pomnflal to outperform other types of investments over the long term. However, stocks tend to have wider pfico fluctuations over short periods of time than other securities. · Bonds Bonds can add an income por'don to your portfolio. They represent a loan to a corporation o~' Government Agency, and provide the opportunity for higher ourrent income than short-term investments. Unlike short-term investments and stable value investments, bond p~cas fluctuate wiAh changes in interest rates. · Short Term Short Term investments can add stability to your portfolio. They provide current income and seek to preserve the value of your investment. They also tend to provide the lowest ratums over the long term. Exampies of these investments incJude certificates o! deposit (CDs), Treasury Bills a~d Money Market Instruments., Market Indices A market index can measure the general trends in the pedorrnanca of .partloular ..m~ket s.egments, you can use the appropriate market index ~L.._c~?pare ~'le perTormance (Average Annua Retum) of the options in whiCh you're nvestecl. · Standard and Poor's 500 The S&P 500 incoq3orates a broad base of 500 stocks, including industrial, utility, and financial companies. Some of its stocks have a greater influence on the direction of the market. The S&.P 500 calculation takes this into account by giving greater weight 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 ~e tota retum of over 6,000 high-quality bend ~s..in~.udin; gove.m~n.t. ? .p?te. and ma,gage secto,. nus ~n m~s pnoa-we~ghtm3 in,ex nave an average maturity of 10 years. · Morgan Stanley EAFE Index The MSCl EAFE Index (Morgan Stanley Capita] International Europe, Australasia, and Far East, Index) is an unmanaged index and includes the reinvestment of dividends. It is designed to represent the performance of developed stock markets outside the United States and Canada. The MSCl EAFE Index is a registered senrice mark of Morgan Stanley and has been licensed for use by FMR Corp. 16311 MG016311 0001 20020220 MG4K I IIllll IIIII IIIIIIIHI III Iii Ill Ill Ill Ilfl Iii IIIH I111 Illll IIII !lllfl Ill IIII 168641494 Page 4 of 4 Verizon's Bell Atlantic InTouch ,C~ter P.O. Box 435 Little Falls, NJ 07424-0435 02967 BRIAN K CUNNINGHAM 63 GREENMONT DRIVE ENOLA PA 17025 BELL ATLANTIC RETIREMENT AND SAVINGS PLANS Quarterly Statement of Accounts This ia your gumlerly statement for the Bell Atlantic Cash Balance Plan (as of 12/31/2001) and the Bell Atlantic Savings Plan (as of 12/20/2001) for Saladed Employees. !f y.ou have .any ~]u~t. kms...=mceming th.e savings plan information presented in this statement, for the hearing impaired ~te~8OO~3rv~50~n. mr within 30 days m receipt at1 888.-457-9333 or the teletypewriter (TTY)please contact the new ~.u have any qu .estio~.s....c~n~_ .ing ~ cash balance information I)rasanted in this statement, please contact the new anz=n Benefit Cantor w~nin 30 Days o~ receipt at I 866-998-8777. SUMMARY OF RETIREMENT ACCOUNTS Cash Balance Savings Opening Balance $ 5,a0a.27 $ .00 Credits (+) S .oo S .oo Debits (-) $ .oo s .oo Investment Gain/Lees S 65.24 $ . O0 Closing Balance $ 6,a73.51 $ .oo 5,808.27 .00 .00 65.24 5,873.51 CASH BALANCE PLAN Quarter-ts-Date Activity Opening Balance on 09/30/01 $ 5, aoa. 27 Distributions $ . oo Pay Credits / Adjustments $ .oo Interest Credits $ 65.24 Closing Balance on 12/31/01 $ 5,e73.51 Year-to-Date Activity Opening Balance on 12/31/00 $ s,saO.Sl Distributions $ . oo Pay Credits / Adjustments $ .oo Interest Credits $ 292.60 Closing Balance on 12/31/01 $ 5,673.51 Bi;th Date NCS Date Points Pay Credit Percent CBP Interest Rate You are 100% vested as of 12/31/01 07/16/70 02/16/93 36 5.00'/( 4.4'7~ SPECIAL NOTES 'Change of address? New phone number?. I! you are actively employed with Verizon please notify your ECR preparer. 'If you are no longer actively employed, please notify the new Verizon Serv ce Center. Ufes.tyle change? New participant in the. plan? Remember to kee~ your beneficiary designation up to date. To change your beneficiary election, please call the new vsrizon Service [;enter and request a Savings Plan Beneficiary Designation Form. This will be your final consolidated Retirement and Savings Plans Statement from the Vedzon Bell Atlantic InTouch Center. Future Savings Plan Statements will be distributed by the Vsrizon Savings Plan Service Center. (T-lO) 8/99 168641494 XGRP B8 SORS 1 1=215 P218 CNTR US COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYEES' RJETIREMENT SYSTEM TOLL FREE: 1;-800-633-5461 w~w.sers.sm~e.pa.us CLASS A vs AA - SPECIAL ESTIMATE COMPARISON This special estimate letter provides Class A and Class AA comparison estimates based on a hypothetical retirement date of 7/2/2001. The estimated benefits will illustrate the benefit increase when Class AA is elected. Prepared for: SSN: 192-66-1267 Date of Birth: 11/16/1970 LISA A CUNNINGHA~ Sex: FEMALE 6 3 GREENMONT DR ENOLA PA 17 0 2 5 Normal Retirement Date: 02/13/2025 Counseling Center: HARRISBURG Class AA Election: YES * Information on how your estimates for Class A and Class AA were prepared is shown on the back of this page. ACCOUNT (Subject to audit; see special note on reverse)/ Class A Class AA With 2% Formul~ With 2.5% F0rmol9 Posted Member Contributions And Interest As Of 7/2/2001~ $18,439.30 Options With NO Withdrawal of Member's Money This option provides the m~ximum monthly benefits to you for life. If you die before receiving in payments an amount equal to your total accumulated deductions, the balance will be paid to your beneficiary(les). This option provides reduced monthly benefits to you for life. A Present Value is placed on your account. All payments you receive are subtracted from the Present Value. Any balance remaining at the time of your death will be paid to your beneficiary(ies). This option provides the maximum monthly benefits to you for life. When you take a total withdrawal, there is no death benefit payable. This option provides reduced monthly benefits to you for life. A Present Value is placed on your account. All payments you receive are subtracted from the Present Value. Any balance remaining at the time of your death will be paid to your beneficiary(les). ADJUSTED OPTION I PRESENT VALUE~$28'685'98 II II Iii111 II I lflllll III IIIIIII III II I 31629-SER009- ! 1-233 FZ.o~ OFIFIC~ I~III I~'lr .&.% E~UE. Pod:it ]~I.~ND, ILLINOIS ANNUA'L REPORT This Is .your _A~_n_u__al ~_eport for ca't|f.i~ No;c725B746. Report Date: DECEMBER1, 2000 for the perlo~ of [~ECEMBER 1, 1999 throu~hNOVEMBER 30.~' 2000. BRIAN K CUNNINGHAM 63 GREENMONT DR ENOLA PA 17025 ' {Agent or Residence Agency) AGENCY DEPT Insured: BRIAN K CUNNINGHAM Issue Age: Base Plan: 89 ISWl. - Interest Sensitive Whole Life Sum Insured: $5,000 Additional Benefits: 30 Year Decreasing Term Insurance: $96,900 Waiver of Premium Accidental Death Benefit $5,000 Guaranteed Pumhase Option ($5,000 Each Option) Account Value as of 12-1-1999. 25 Male Register Date: 12-1-1995 PREMIUMS Rating Class: Nontobacco Use, Standard Annual Contract Premium: Premium Mode: Quarterly Premium: Status: $214.80 ~uarterly $56.92 Premium Paying Values as of 12-1-2000 Annual Contract Premium: $214.80 Total Sum Insured: $100,900 .............................................. $ 1501'77' Premium Credited to the Account Value. Interest Credited to the Account Value . :::::::::::::::::::::::::::::::::::::::::: 38.40 10.71 Less Cost of Insurance for Base Plan . 5 199.88 Account Value as of 11-30-2000 .... :::::::::::::::::::::::::::::: ...... :.:-.._..:~. 5.75 ........... 194.13 Less Remaining Surrender Charge Surrender Value as of 11-30-2000 ............................... 65.00 ............................... 1z9.1 Death Benefit as of 11-30-2001] ............. · Includes 96,900 of Death Benefit from Term Ride~. ................................ $ 191,9!6.00 * Interest crediting rates were 5.85% until 12-31-1999, then 5.80% until 6-39-2000, then 5.85% until 9-31]-2000, then 5.95% until 11-30-2000. The current interest rate is The loan interest rate is 6.00% per year in arrears. The values shown assume premiums have been paid to the report date. Mortality deductions for the next certificate year are anticipated to be $5.84 while loading charges will be $2.05. This certificate will continue for the next year if scheduled premium payments are made. IMPORTANT: Interest rates, mortality charges, or expense charges may have changed since your last annual report. These changes will affect the nonguaranteed values of your certificate. You may wish to file this Annual Report with your life insurance certificate. Page 1 of 1 ~ , iOI~ICE aHL~AvENUE, ROCK IsLAND. ILLiNOiSei_-.Oi An Zncltvtclual Ltfe Znsurance Zllustratton of Future Cert!f ~ Values Bee-=- Plan: $5,000 Additional Benefits: e30 Year Decreasing Term Insurance: $gS, g00 Register Date: Dec 1, 1995 eWaiver of Premium sAccidental Death Benefit: $5,000 eGuaranteed Purchase Option: $5,000 each option Rating Class: eNontobacco Use eStandard Guaranteed: Maximum charges and 4.0% interest rate. Illustrated: Nonguaranteed current charges and interest rate applied to unloaned amounts of 5.95%. Loan amounts are credited at 4.0% interest. Values: Contract premium is as of beginning of year. Values and benefits are as of end of year shown. Actual results will differ and may be more or less favorable than those illustrated as nonguaranteed. Values assume the contract premium is paid. Loan indebtedness affects the values and the expiration of the certificate. En( Guaranteed of Account Surrender Death Age Year Value Value Benefit 31 6 $1O291 32 7 278 99,819 33 8 322 98,619 34 9 97,42{ 35 10 415 96,021 36 11 464 94,421 37 12 38 13 566 39 14 619 40 15 674 41 16 731 731 45 20 97~ 50 25 1,318 1,316 53 28 1,545 65 30 1,703 56 31 1,785 60 35 2,122 65 40 66 41 2,652 70 45 3,006 71 46 3,,094 5,081 75 50 3,430 80 55 3,809 5,117 85 60 4,142 4,142 90 65 4,420 95 70 I00 75 5,341 5,341 5,341 Account Value 51~ 2,715 9,660 Value $182, 295 356 420 487 568 633 71 873 1,237 1,809 2,228 2,544 2,71'; 3,480 4,644 4,907 6,058 6,372 7,734 9,650 1 16,537 20,877 Death ' Benefit 99,829 98,637 97,447 96,058 94,471 92,886 91,003 89,022 86,843 84,467 72,593 31,023 1~084 ~975 ~803 ~964 &212 4252 12704 12,342 1~100 1~008 12036 20,877 Term insurance nonguaranteed illustrated premiums are not guaranteed and may be changed by the S. ociety, but cannot be changed more than once each year. Term insurance guaranteed prem,ums are guaranteed and cannot be changed. The loan interest rate is 6.00% per year in arrears. Monthly Income for Life At age 65, you may surrender your life insurance for a monthly income. One option will pay you for 10 years or as long as you live, whichever is longer. For this option, the guaranteed payment is $14.89 per month. Payment based on nonguaranteed illustrated rates is $35.86 per month. Marketing Repree-e.~{aLive: AGENCY DEPT Page 1 of 1 Version 2.5 PA 88 ]Defi rred iCompensation Pn)gram S~,,CURE YOUR FUTURE. TODAY. :am:n ster d.c street' and serviced by h,,llh,,llh,,,,hhhh,,hhlh,,I,,hh,hlh,,,Ihlh,,i Ref~ 020170 0040577 LISA A CUNNINGHAM 63 GREENMONT DR ENOLA PA 17025-2644 192-66-1267 "l ................... 61111142 1-800-422-1327 PAGE 1 OF 2 INCEPTION TO BAT£ SU~4RY DESIGNATION AMERICAN UNITED LIFE INS CO AUL FIXED INTEREST ACCT CPA GROUP FUNDS STOCK INDEX FUND 0187 STABLE VALUE FUND 1927 U.S. TACTICAL ASSET ALLOC 1462 NUMBER CONTRIBUTION TTGT3'O--- ~ALANCE 441.25 (443.87) .00 2.62 .00 3,112.50 656.26 ,00 522.11 4,290.87 811.90 (868.65) .00 57.52 .77 1,037.50 656.26 .00 485.97 2,179.73 PLAN TOTALS b,~oJ.15 .00 .o0 --1,OhS.Z2 6.~/I.- ~E::?~E~INE:::FOfi::MO~::DETA~:':~::::~.............................................. THE COPELAND AUTOSATEO , ............ .ts~ .................................................................................................. I~FO~ATID P£RIO0 SUHIg4R¥ ( 4/8~/81 - 6/$$/81 ) ....................................................... TION BALANCE CONTRIBUTION CPA GROUP FUNDS ~ALANCE STOCK INDEX FUND 4,057.07 .OO .00 .00 233.80 STABLE VALUE FUND 3.22 .00 4,290.87 U.S. TACTICAL ASSET ALLO 2,097 70 aa '~ .00 (2 45) 77 ~ETAILEO TRANSACTIONS ( 4/01/01 - ~/$0/01 ) ' DATE DESCRIPTION NAME AMOUNT yALUE SHARES 04/27/01 ASSET CHARGE STOCK INDEX FUND 04/27/01 ASSET CHARGE U S TACTICAL AS......... ~4 16.5500 0447 ~91 ASSET CHARGE S~O~K INDEX FUNDa~' ALLUC 'Z~ 16.4700 '0479 Ob/Zb/O1 ASSET CHARGE U S TACT .............. /~ 16.9000 :0455 · · I~L B))~I ALLUC 8Z 16 7100 0490 06/29/01 ADMINISTRATIVE CHARGE STOCK INDEX FUND 2'50 16'2100 '1542 06/29/01 ASSET CHARGE STOCK INDEX FOND '73 16'2100 '0450 06/29/01 ADMINISTRATIVE CHARGE STABLE VALUE FUND 2'50 1'1769 2'1240 ....... ~6/29d01 ADMINISTRATIVE CHARGE U S TACTICAL ASS ' ..................................... , ............. 6,u~:::~_~!:;:~E~OC::::::i ............ !:::!:::~::::::i ......... ,~.:~ ............................ !529 ( PLEASE SEE NEXT PAGE ) ~ ICompensation ' ~Program SECURE YOUR FUTURE. T6DnY~ ~m~=", =o.~ c~streef ReF~ 020170 0040578 LISA A CUNNINGHAM 192-66-1267 01111142 1-8B0-422-1327 PAGE 2 OF 2 PAYROLL CONTRIBUTIONS NOT YET POSTED BY THE APPROPRIATE ISSUERS TOTALED $ .00 ENDIN~ TOTAL UNIT/SHARE VALUE UNITS/SHARES STOCK INDEX FUND 16.2100 264.7051 STABLE VALUE FUND 1.1771 .6541 U.S. TACTICAL ASSET ALLOC 16.3400 133.3984 R39 M PA05000 457B EE 49870 LISA A. CUNNINGHAM, : Plaintiff · : v. : NO. 2001-6344 BRIAN K. CUNNINGHAM, : CIVIL ACTION - LAW Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF ACCEPTANCE OF SERVICE I, BRIAN K. CUNNINGHAM, Defendant herein, do hereby swear and af~m that accepted service of a tree and correct copy of the Complaint in Divorce on ,2oo,. LISA A. CUNNINGHAM, : Plaintiff : : v. : NO. 2001-6344 : BRIAN K. CUNNINGHAM, : CIVIL ACTION - LAW Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF CONSENT A Complaint in Divome under Section 3301(c) of the Divorce Code was filed on 11/07/01. 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 Com- plaint. 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: April 15, 2002 Lisa A. Cunningham (] LISA A. CUNNINGHAM Plaintiff V. BRIAN KEITH CUNNINGHAM, Defendant Divorce Code was filed on : IN THE COURT OF CO~4ON PLEAS : CUMBERLAND C(X~TY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE -AI~FtDAVITOFC~NT A Complaint in Divorce under Section 3301(c) 11/07/01 , 2001. of the 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of fi%ing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are 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: April 10, 2002 LISA A. CUNNINGHAM, Plaintiff Mo BRIAN K. CUNNINGHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6344 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: April 15, 2002 Lisa A. Cunningham ~' LISA A. CUNNINGHAM Plaintiff, BRIAN KEITH CUNNINGHAM, De fendant, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE No. 01-6344 WAIVER OF NOTICE OF INTENTION TO REQ~E, ST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF T~E~DtVORCECODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are ~rue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. Dated: April 10, 2002 Brian K~ith Cu~fingham LISA A. CUNNINGHAM, Plaintiff BRIAN K. CUNNINGHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6344 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date of service of the Complaint: November 13, 2001, as evidenced by the Affidavit of Acceptance of Service, which is being filed contemporaneously herewith. 3. Date of execution of the Affidavit of Consent required by section 3301 (c) of the Divorce Code: by Lisa A. Cunningham~ Plaintiff, on April 15, 2002; by Brian K. Cunningham, Defendant, on April 10, 2002. Said Affidavits are being filed contemporaneously herewith. CERTIFICATE OF SERVICE I do certify that I served a tree and correct copy of the within Praecipe to Transmit Record and related documents upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Jeffrey A. Keiter, Esquire 226 West Chocolate Avenue Hershey, PA 17033 Dated: April 15, 2002 Peggy Hffe, Secretary o J. Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND STATE OF ~ PENNA. Plaintiff Versus ........ B.~ !.A~ ..K,..__c.. _~..~!_N..G___ .m~.., .................................... ....................................... De_f.end. aP:~. .......... N{) ........ ~99.~.r~.~44 ................. DECREE IN DIVORCE AND NOW ...... ~1~.~.~'1...2-..~ ........... 2~.o.Z~ it is ordered and decreed that .....L.!S.A..6,. c..UN.N. !.N.G..HA~., .......................... plaintiff, and ...............~.~.z~..~....c.u~..~.z.~p..H~.., ........................ defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The attached Property Settlement Agreement is incorporated but not merged to the Decree in Divorce. LISA A. CUNNINGHAM, Plaintiff Vo BRIAN K. CLrNNINGHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6344 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR NAME COMMONWEALTH OF PENNSYLVANIA ) ) SS.: COUNTY OF DAU?~TN ) LISA A. CUNNINGHAM, being duly sworn according to law, deposes and says that she is the Plaintiff in the above suit in' which a final decree bom the bonds of matrimony was entered on APRIL 24 name of LISA A. WINCOVITCH ,2002, and she elects to resume her prior and, therefore, gives this written notice avowing said intention, in accordance with the provisions of 54 Pa.C.S.A. §704. Lisa A. Cunningham (._) TO BE KNOWN AS: Sworn to and subscribed before me this 29thday of Apr-il ,2002. (l N ot~ Public ] Harrisburg. t~auphin County i My Co~ssion Expires: { 0 ~ "[ 0 ~