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HomeMy WebLinkAbout01-0685DEBRA J. SMITH, Plaintiff VS. KYLE W. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001 - ~' CIVIL TERM IN DIVORCE SAIDIS SHUFF, FLOWER & LINDSEY 26 W. High Street Carlisle, PA NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Date: SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorney~ forr~dntiff Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSEY 26 W. High Street Carlisle, PA [ DEBRA J. SMITH, VS. KYLE W. SMITH, Plaintiff : : .. .. : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001 - (,, ~ 5" CIVIL TERM IN DIVORCE COMPLAINT DEBRA J. SMITH, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is DEBRA J. SMITH, who currently resides at 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, where she has resided since 1990. 2. The Defendant is KYLE W. SMITH, who currently resides at 43 West Willow Street, Apt. 8, Carlisle, Cumberland County, Pennsylvania, where he has resided since February 1,2001. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 29, 1990, at Hershey, Pennsylvania. 5. That there have been no prior actions of divome or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she/he is entitled to a divome on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff · quire~4~,~o,~~- ,'~ 26 West High Street Carlisle, PA 17013 (717) 243-5513 SAIDIS SHUFF, FLOWER & LINDSEY 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby veri~ that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Debra J. SYnith SAIDIS SHUFF, FLOWER & LINDSEY ATFORNEYS*ATeLAW 26 W. High Street Carlisle, PA o-' 0 ' --.,) DEBRA J. SMITH, KYLE W. SMITH, Plaintiff VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : NO. 2001- ~.~ CIVIL TERM : : IN DIVORCE PROOF OF SERVICE · Cemplete items 1, 2, and 3. Also complete I~m 4 if Restricted Delivery is desired. · Print your name and address on the reverse ae that we can return the card to you. · ~/tach this card to the back of the mailpiece, o~ on the front if space permits. 1. A~flcle Addressed to: 3. Service .Type ~"~ed Mail [] Express Mail [] Registered [] Return Receipt for [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) P~ Fo~m 3811, Ju~ 1~ Dement ~m ~,*c~ot SA1DIS SHUFF, FLOWER DEBRA J. SMITH, KYLE W. SMITH, Plaintiff VS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : IN DIVORCE CERTIFICATE OF SERVICE AND now, this ~--~-- day of~~_ 2001, I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, KYLE W. SMITH, on February 12, 2001, with the Complaint in Divorce by Certified Mail, Restricted Deliver, Addressee Only, Return Receipt Requested, addressed to: Kyle W. Smith 43 West Willow Street, Apt. 8 Carlisle, PA 17013 and proof thereof, the signed Return Receipt Card, is attached hereto. SAIl)tS SAIDIS, SHUFF, FLOWER & LINDSAY, P.C· Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 DEBRA J. SMITH, : Plaintiff : .. VS, ,. KYLE W. SMITH, .' Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001 - .· #-~ ~ CIVIL TERM IN DIVORCE ~ ~'~ SAIDIS SHUFF, FLOWER & LINDSAY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Ptaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDiS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Cg(ol~. Lindsay, Esquire ID#-44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 DEBRA J. SMITH, Plaintiff VS. KYLE W. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001 - CIVIL TERM IN DIVORCE AMENDED COMPLAINT IN DIVORCE SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DEBRA J. SMITH, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is DEBRA J. SMITH, who currently resides at 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, where she has resided since 1990. 2. The Defendant is KYLE W. SMITH, who currently resides at 43 West Willow Street, Apt. 8, Carlisle, Cumberland County, Pennsylvania, where he has resided since February 1,2001. 3, The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 29, 1990, at Hershey, Pennsylvania. 5. That there have been no prior actions of divome or for annulment between the padies in this or in any other jurisdiction. COUNT I - DIVORCE PURSUANT TO 23 Pa. C.S.A. §3301(c) and §3301(d) 6. The marriage is irretrievably broken. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce divorcing Plaintiff from Defendant. COUNT II - EQUITABLE DISTRIBUTION The averments of Paragraphs 1 through 7 are incorporated herein by reference. 9. During the parties' marriage the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide their property. Date: SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: 26 West High Street Carlisle, PA 17013 (717) 243-5513 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, § 4904, relating to unsworn falsification to authorities. ) Debra J. S~th Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA / DEBRA J. SMITH, Plaintiff VS. KYLE W. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001 - ~ CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER DEBRA J. SMITH, Plaintiff above, moves the court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: requested, (2) (3) (4) Date: Discovery is complete as to the claim(s) for which the appointment of a master is The Defendant has appeared in the action by Marylou Matas, Esquire The statutory ground(s) for divorce is/are 3301 (c)/(d). Delete the inapplicable paragraph(s). (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: none. (c) The action is contested with respect to the following claims:divorce/equitable distribution. (5) The action does not have complex issues of law or fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant, to the~ion:./~ ¢q SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street ORDER APPOINTING MASTER NOW, th s of ,2002, E. Robert E,oker, Esquire, is appointed master with respect to the following claims: divorce, equitable distribution. By the Court, DEBRA J. SMITH, KYLE W. SMITH, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-685 CIVILTERM IN DIVORCE PRAECIPE WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant in the above-captioned matter. Date: ~,- ~- o { Carlisle, PA 17013 .ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant in the above-captioned matter. Date: Respectfully submitted, Mary%L(I~latas, Esquire GRIFFII~& ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243 -5551 (800) 347-5552 DEBRA J. SMITH, Plaintiff vs. KYLE W. SMITH, Defendant IN THE COURT OF COM/~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 685 CIVIL IN DIVORCE TO: Carol J. Lindsay Marylou Matas Attorney for Plaintiff Attorney for Defendant DATE: Wednesday, July 3, 2002 CERTIFICATION I certify that discovery is complete as for which the Master has been appointed. to the claims (a) OR IF DISCOVERY IS NOT COMPLETE: 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 ( ) 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 IFIMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. JUL 0 8 2002 DEBRA J. SMITH, Plaintiff VS. KYLE W. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 685 CIVIL IN DIVORCE TO: Carol J. Lindsay Marylou Matas , Attorney for Plaintiff , Attorney for Defendant DATE: Wednesday, July 3, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. (a) OR IF DISCOVERY IS NOT COMPLETE: 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 wha~ action is being taken to complete discovery. ATE 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. DEBRA J. SMITH, KYLE W. SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : NO, 2001- 6856 CIVIL TERM .. : IN DIVORCE CERTIFICATION OF DISCOVERY There are no outstanding Interrogatories or discovery motions and discovery is complete except for updated values for certain financial accounts. Expect updated information can be provided as of June 30, 2002 by the time of the filing of the Pre-trial Statements. DEBRA J. SMITH, VS. KYLE W. SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : NO. 2001 - 6856 CIVIL TERM : : IN DIVORCE PRE-TRIAL STATEMENT OF PLAINTIFF SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA INTRODUCTION: The parties hereto are husband and wife having been joined in marriage on September 29, 1990 and having separated on January 19, 2001. This is a first marriage for wife and a second marriage for husband. The parties had one child, Alexis Nicole Smith, bom February 7, 1997. Husband is employed by Dickinson College Maintenance Department, and Wife is employed as a clerk at Hershey Medical Center. Wife enjoys primary custody of the parties' children. On November 13, 2001, the Office of Domestic Relations entered an Order for support noting wife's net monthly income was $1,692.07, and husband's net monthly income was $1,575.24. The major issue in this case has to do with the home in which the parties resided throughout their marriage. The home was owned by husband prior to this marriage. He brought it and a mortgage to the marriage. Subsequent to marriage, in 1993, the parties refinanced the house satisfying husband's mortgage for $42,526.00 and incurring debt of $45,500.00, Both parties believed that the deed to the house had been transferred at the same time as wife became obligated on a mortgage. Subsequent to separation, wife stayed in the marital home and all negotiations proceeded on the assumption of both parties that wife had an ownership interest in the house. Wife made the last mortgage payment in March 2002. i. ASSETS: Attached hereto is a list of marital assets and their values at the appropriate times. Non-marital assets are comprised of pre-marital or post-separation retirement benefits, II. EXPERT WITNESSES: None are anticipated. However, wife has had the marital home appraised, and the appraiser is available if need be. III. LAY WITNESSES: Wife will testi~ for herself and reserves the dght to call any other witnesses whose testimony will become relevant as trial approaches. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IV. EXHIBITS: 1. Appraisal of marital real estate. 2. May 5, 1986 mortgage taken by husband and his first wife in the amount of $45,900.00 on the marital home ultimately provided to husband. 3. Mortgage of June 10, 1993 taken in the refinance of the home in the amount of $45,500.00. 4. Settlement sheet for the refinance in 1993. 5. Statement of wife's TIAA/CREF account on December 31, 2000. ti · 7. 8, 9. Wife's TIAA/CREF statement on the date of marriage. Husband's TIAA/CREF statement on the date of marriage. Husband's TIANCREF statement as of January 1, 2001. Wife's Hershey Medical Center Retirement (Fidelity) account as of December 31, 2000. 10. Wife's Geisinger Health Retirement (Fidelity) account as of June 30, 2002. values of which the parties have agreed upon during negotiations. come into dispute, statements for those accounts will be provided. The parties have exchanged their documentation for other accounts, the If those values V. INCOME AND EXPENSES: Wife's income and expenses are attached hereto on a statement with documentation provided at the Office of Domestic Relations. A recent pay stub and the 2001 Federal Income Tax Return will be provided at the pre-trial conference. SAIDIS SHUFF, FLOWER & LINDSAY Carlisle, PA VI. PENSION AND RETIREMENT BENEFITS: These are summarized on the asset list and the exhibits attached hereto. VII. COUNSEL FEES AND COSTS: Wife seeks reimbursement of one-half of the cost of appraising the marital home, $250.00. Satisfactorily divided. VIII. PERSONALTY: None. IX. MARITAL DEBTS: SAIDIS ;HUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA X. PROPOSED RESOLUTION: Wife seeks 60% of the marital estate if the marital estate is determined to include the marital home. If it does not include the marital home, wife seeks an equitable share of the marital estate in consideration of her contribution to husband's pre-marital debt in the form of a mortgage on the madtal home in the amount of $45,000.00. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff ~93~ Esquire 6 West High Street Carlisle, PA 17013 (717) 243-6222 DEBRA J. SMITH, VS. KYLE W. SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : NO. 2001 - 6856 CIVIL TERM : : IN DIVORCE CERTIFICATE OF SERVICE AND now, this day of 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS SHUFF FLOWER & LINDSAY, Attorneys, hereby certify that I served the within PRE-TRiAL STATEMENT OF PLAINTIFF this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Marylou Matas, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff SAIDIS ~HUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA By: Carol J. Lindsay, Esquire ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 S. W. BARRETT REAL ESTATE & APPRAISAL SERVICES File No. 01-0939 APPRAISAL OF LOCATED AT: 1678 Douglas Drive Carlisle, PA 17'0t3 FOR: Debra Smith 167/I Douglas Drive Carlisle, PA 17013 BORROWER: Debra SMITH AS OF: 10130/2001 BY: Start A. Skowronek 124-126 NORTH HANOVER STREET, CARLISLE, PA 17013 7t7-243-6846 AND FAX 717-243-8627 S. W. BARRETT REAL ESTATE & APPRAISAL SERVICES File No. 0t-0939 1'110112001 Debra Debra Smith 1678 Douglas Drive Carlisle, PA 17013 File Number; ol-o939 In accordance with your request, I have personally inspected and appraised the real property at: 1678 Douglas Drive Carlisle, PA 17013 The purpose of this appraisal is to estimate the market value of Ihe subject property, as improved. The property rights appraised are the fee simple interest in the site and improvements. In my opinion, /he estimated market value of the properly as of October 30, 2001 is: $81,000 Eighty-One Thousand Dollars The attached report contai0s the description, analysis and supportive data for tile conclusions, final estimate ot value, desc/iptive photographs, limiting conditions and appropriate certifications. Respectfully submitted, Start A. Skowronek Certified Residential Appraiser 124-t26 NORTH HANOVER STREET, CARLISLE, PA 17013 717-243-6646 AND FAX 717-243-8627 SUMMARY APPRAISAL REPORT P~:operty Description ,UNIFORM RESIDENTIAL APPRAISAL REPO,RT , File No. 01-0939 IProperlyAddresa Cgy Carlisle State PA ZipCode 17013 1678 Douglas Drive ,LegaIDesmplion Deed Book A-33, Pag~ ~- County Cumberland -'~ Assessor's Parcel No. 29-17-1583o120 Tax Year 01-02 RE. Taxes $ 872.00 Spatial Assessmenls $ None Borrower Debra SMITH Current Owner KylelDebra Smith Occupant: [-Jl Owner [ I Tenant I J Vacant  Properlyriqhtsappraised /xl FeeSimple [ I Le,~sehold ] ProjecfType [ ) PUD [ ) Condominium(HUD/VAonlv) HOAS N/A /Mo. Neighbo~h0od~or Project Name North Middleton Twp Map Reference 17-1583 CensosTract 0119.00 -- Sale Price S N/A Date of Sale N/A Desc~iplion and $ amount of loan charges concess one o be pa d by se erN/A Lender/Client Debra Sr:nitl~ Address 1678 Douglas Drive, Carlisle, PA 17013 Appraiser Start A. Skowronek Address 126 North Hanover Street, Carlisle, PA 17013 Location ~ Urban ~ Suburban k_/Rural Predominant Singlefamilyhousing Present land use % Land use cbange - l (~) ~w,) One family 70% ~] Not likely ~ Likely ' Growthrale ~ Rapid ~] Stable ~g Sbw ~ Owner e5 65 Low Ne~ 24 family 0% ~ In process Properly values ~ ~naeasing ~ Slabie ~ Declining ~ Ten,mt 140 HJqh 50 Mul/i-fa~/y 0% To: Residential Demand/supply ~ Shortage ~ Inb~ ~ ~P~ ~ V~l(~%) __~redominant Commercial Marketing time ~) Und~3n~s ~ 3-Cmos. ~ Over6mos, ~ v.~,.(~5~) 75 J 30 ,,Vacant ) 30% Nolo: Race and tile racia~ compoeitior~ of tire neighborhood are not appraisal factors. Neighborhood boundaries and characledstics: Subject is bounded on the north by Chester Dr, on thee east by Sterretts Gap Rd, on the south by Hillcrest Dr and on the west by Longs Gap Rd. Factors that affect Ihe marketability of Iha properties in the neighborhoo4proxJmgy Io employment and amenities, employment stability, appeal Io markeh elc.): The[e are no adverse factors to affect marketability of subject. Diverse stable employment and all supporting amenities are wit~n easy driving distance. SMSA 3240 __ Market conditions in lbo subject neighborhood (including supporl for the above conclusions related to II,end of property values, demand/supply, and marketing time · - such as data on competitive properlie§ for salein the neighborhood, descripllon of the prevalence of safes and financing concessions, elc.): Property sales records and MLS statistics show a steady, moderate Increase in property values over the past year. Average marketing time of 80-t00 days shows a good balance of supply and demand. Few sales and financing concessions are needed in the neighborhood. Project Information for PUBs(if applicable)- - Is the developer/builder in conkol of thdiome Owners' Association (HOA)? L~ YES L~ NO Approximate Iolal number of unils in the subject project N/A Approximate total number et units for sale in the subject project N/A Describe common elements and recreational facilities:N/A Dimensions See legal description Site area .05 Acre mil Corner Lot ~_J Yes /xJ No Specific zoning classification and des~iptionSuburban Residential Zoning compliance [~J Legal ~ Legalnonconf(xmJng(G'andtalhereduse)~JIIlegal ~ Nozoning HJghesl & best use as improved: [~Presentuse ~--~ O[heruse(explain) Ut/l/tine Public Olher Off-site improvements Type ElecLdcgy [~ 200 amp Slreet Macadam Gas ~ Curb/gutter Concrete Waler ~ Sidewalk None Sanilary sewer ~-~ Slreel lights Adequate S~orm sewer [~/ Alley None Topography Basically Level Size Typical for area Shape Rectangular Drainage Appears adequate View Residential L aodscapk~g Average Driveway Surface N/A Apparenteasements None Apparent FNMA Special Flood Hazard Area ~ Yes X~J No FNMA Zone C - Map Bate 04/01/82 FNMA Map No, 420367 0010 B GENERAL DESCRIPTION ,40. of Un/Is 1  No. of Stories 2 Type (Deb/Att) Attached Design (Style) Twnhouse ExJslinglProposed Existi~ng Age lyre) 22 Etfaclive Age lYre,) 5-10 ROOMS Foyer Living Level I '1 I 1 Level2 ~ Finished area above qrade contains: 6 Rooms; INTERIOR Materials/Condition HEATING Floors Carpet/Vinyl Type FHA Walls Drywall Fuel Oil Trim/Finish Wood ConditionAvg Bath Floor Vinyl COOLING Bath Wainscot Drywall Cenlral Yes Boors Hollow Core Other N/A Average Condition C?di¢onAvg EXTERIOR BESORJPflON BASEMENT Foundation Conc. Block _ Area Sq. FI. 594 Exterior Walls BrlckNinyl % Finished 85°,/0 Reel Sudace Asp_halt _ Ceiling Drp/Unfin GuUers & Dwnsp~s. Aluminum Walls Pine/CB Window Type Double hung Floor Crpt/Conc Sierra/Screens Thermal Outside En~/ Yes Manufactured House No Dininq Kgchen Den FOUNDATION Slab None Oa~ Spade None Basement Pull Sump Pump _None Dampness None Obs. Setgament None Obs. Infeslalion None Obs. Family Rm. Rec. Rm. 1 3 Bedroom(s); KITCHEN EQUIP. ATTIC Refrigerator ~ None ~ Range/Oven ~ Stairs ~ Disposal E~ Drop Stair ~ Dishwasher [~} Scultle ~-~ Fen/Hood ~ Floor ~ Microwave [] Heated WasherlD~yer L~ Finished ~ efm t ~ m e Covered wood deck Additionaltealures(special energy tic' n 'to s. lc): · Bedrooms # Baths Laundry .5 3 2 2.5 Bath(s); AMENITIES Firepbce(s) # __ Patio Deck Covered Porch Fence Pool INSULATION Roof Ceiling * Walls * Floor * None · R Factor Unk Other Area Sq. Ft. 505 594 612 0 1,206 Square Feet of Gross Living Area CAR STORAGE: None [~  Garage # of cars Atlached Detached Built-In Carport Driveway Condition et the Improvomenls, depreclalion(physical, functional, and external), repairs needed, qualily of construction remodeling/additions, etc.: Improve merits are in average condition with no physical or functional Inadequacies apparent. Adverse environmental conditions (such as, bu~]ol limited lo, hazardous waates. Ioxlc substances, elc.) present in the Improvementson Ihe site, or in the immediate vicinity of Ihe subject properly:_N° adverse environmental conditions are apparentJdlsclosed. 90ZI. 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HAY o 8 . · I(yle 1~. Smfth ~ Retry Smtth (;)4~'C' 'Ho'r't'~n'g'e' 'C~o'r'p'r~r'n't'[o'n' 'o'f' 'P'/( ..... ("Borrower"). This Security Instrument Is given to ............. ............................................................... which Is organized and existing ~ Penn~y]vnnin under lhe laws ~ f ......... ............................. and whose add~ess Is ................... ...7.:i.2.0..O.].d.Y. or.l~ .Rofid., Hel.rofle Parl~..Pen~8~]v~n:t.~ .I 9. l.26.-1.8.9.6.. .... :(~. :("l,nd,r").7:.:_];: .......................... Dollars (U.S. $ ..... 4.5.~.9.0.0.,.0.0.... ). This dehl is evidenced by Borrower's nora daltd the same dale as this Security Inslrmnent ("Note"), wlllcb provides for monthly payments, with the full debt,If not paid earlier, duc a nd payable m~ .t.h.q .f.t.r.u.t..d,a.Y. ,qr. ,J,u,n.e. ,2.0. I,6., ,, ~ .............. This Security Instrument sccmes to Lender: (al the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications: (bi the payment of all other sums. with Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Bonrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does herebl~ mortgag.n, g~ant and convey to Lender the following described property located in ............. Cutup erl ann ...County, Pennsyl~nla: which bas' the address of...I.6.?.8..D, qu.g.l.~l.~..D.r.i.v.e, ................................... C.A.~.~:~].~. .... [Cltyl I'ennsylvanla ...... 1,7.~1.3 ...... ' ' ("Pro~rty Address"); [Zip Code[ T~ETH~R WITH all the improvements now or hereafter et~t~ on I~e pro~y, and all ea~mcnts, appurieoances, rcnls, royallies, mineral, oil and 8as rights and profits, water riBhts and sl~k and all fixlures now here~fler a porl of the property. All repl~cemenls and addilions shall also ~ covered by Ihls Secudly ]nslrumenL All of fore~oin~ is referred lo in this 5ceurJly Inslrumenl as the ~IORROWgR COVI~NANT5 thai Borrower Js lawfully seis~ o~ the estate hereby conveyed and has Ihe riehl Io morl~a~c, ~r~m arid convey fhe Propert) ~nd thai the Pro~y ~ uncncpm~red, exeep~ For encumbrances of r~cord, Borrower warranls and will defend ~encrally the side Io Ihe Pro.fly a~inst all chim~ and demands, subjeel to any Tills SECURITY INSTRUMENT combines unilbrm covenants ~or national use and non-unffo~ covenants wJlh limilcd v~riallons byjurisdielion to conslilute a uniform s~udty instrumenl ~ove~ng r~l pro~y. PENNSYLVANIA-sinale FamiI¥~FNMA/FHLMC UNIFORM INSTRUMENT ~oo-"T 8t,9. I'A~( 517 Form 3039 12/83 8ot37 f,~ ~~,R~-mmN TO: WASHINGTON SQUARE MORTGAGE COMPANY ............. 7015 Vlb~rA DRIVE ~ DE9 ~IN~, IOWA S0280 '93 JUII ~1 ~T~SFA~ION PIECE DATED ~oa~ ~o. ~3z8 MORTGAGE Tills MORTgAG8 ('S~urily lllslnlnlen[') J~ ~Jvc. on JUNE ~'0 /~ ~ d.~ ~' , l~ . morlgagoris KYL~ W BMITII AND D~ J SMITH, IIUS~AND AND WIF~ Thi.~ $¢cllrlly h~slmmc~l is llvc. lo UNITA8 HORTGA~E COI1PORATIONr which |.~ organized and exisfin.~ under (ho Jaws of PENNSYLVANIA addre,saJs 17 E HIgH STREET, 8TE 102, CARLISLE, PA 17013 FORTY-FIVE TEOUHAND FIVE HUNDRED AND 0O/100 , arid whos¢ ('Lender'). OUMBERL~D COUIIIy, Pennsylvania: SEE ATTACIIED SCHEDULE "A'f FOR LEGAL DESCRIPTION which has tho .ddre.~s of 1670 DOUGLAS DRIVE CARLISLE PCIIIISyJVaNia 17013 (" Prol~erly Addre,~s "); %~'~ tl.42 PACE 701 1V013 d. SUMMARY OF BORROWER'S TRANSA~ON K. SUMMARY OF SELLER'S TRANSACTION 0.00 'Web Center www.tiaa-cref, org Automated 24-Hour Information 800' ~42~225'~ Personal Assistance 800 842-2T'/6 M-F, 8am-Llpm ET S-S, 9am-6pm ET October 1, 2000 - December 31, 2000 DEBRA JILL SMITH 1678 DOUGLAS DRIVE CARLISLE PA 17013-1078 730 Third Avenue, New York, NY 10017-32~ ........ Portfolio summary Be~inninR value as of: Changes during the period: Contributions Distributions & rollovers Net investment ~fia/loss TIAA Traditional interest Ending value: total value as of 12/31/00: ~9~0~0) thi. cluerter this year $24,232.22 (12/31/99) $27,296.26 0.00 0.00 0.00 434.35 $.24,666.57 0.00 -4,583.81 93.08 1,861.04 $24,666.57 $24,666.57 Your portfolio s~mmary includes thc activity of conuacts that were closed this year and currently have no value. All of us at TIAA-CREF send best wishes for a healthy and happy new year! your investment results & returns gains/~osses gains/losses this quarter this vear ~quities value as o4 12/31/0C CREF Stock $0,00 $40.31 $0.0{ CREF Global Ec~uities 0,00 20.15 0.0( CREF Growth 0,00 32.62 0.0( $0.00 $93.08 $0.0{ interest credited interest credited value as of this quarter this year 12/31/0C $434.35 $1.861.04 $24.666.5- $434.35 $1,861.04 $24,666.57 TiAA Traditional* total value as of 12/31/00 $24,666.57 For rates of total return or current interest rates for all TIAA-CREF accounts as of 12/31/00, refer to the enclosed perlbrmance card. * TIAA Traditional guarantees your principal and a specified interest rate, plus it offers the opportunity for greater growth through dividends. Dividends when declared remain in effect tl~ough the end of the dividend year, which begins March 1st. Your interest earnings include the change in the discounted or present value of your Transfer Payout Annuities. asset allocation total value by asset class I guaranteed 100% To transfer funds among the TIAA-CREF accounts, visit ox Web Center or call our Automated Telephone Service at 800 842-2252. To create a personalized portfolio allocafio! go to v,-.vw.fiaa-cref, org/alloc-calc or call 800 842-2776. value by contract Transfer Payout Annuities TIAA IF73642-6 TIAA Traditional as of 09/30/00 as of 12/31/00 $24,232.22 $24,666.57 $24,232.22 f~24,666.57 The value of your Transfer Payout Annuity is the discounted or present value of your remaining total ~nmml transfers based on current dividends as of a specifi~ date. As dividend interest rates change, your discounted value will change. total value: $24,232.22 $24,666.57 other contract activity Transfer Payout Annuities TIAA IF73642-6 Next transfer date: 08/01/01 Destination: CREF Accounts Transfers remaining: 7 You have no scheduled transfer payments this quarter. for your information We reserve the right to correct any clerical errors. There were no transactions on any of your contracts during the quarter. Heloful definitions ... Portfolio sununary: a high-level overview that totals all your retirement contracts together and shows you how this value changed from the beginning of file quarter to 12/31/00, and from the beginning of thee year to 12/31/00. Net investment gain/loss: the dollars earned as a result of the performance of your funds invested across all the TIAA-CREF variable annuity account~, TIAA Traditional interest: the dollar amount of interest earned on your TIAA Traditional anmfity values. A specified amount of interest is guaranteed. Asset allocation: a breakdown of how your total retirement portfolio is allocated across the four major TIAA-CREF asset classes - equities, fixed income, real estate, and guaranteed. Effective date: the date funds begin participating in the investment results of the TIAA-CREF accounts. Ensuring the future for those who shape it.s~ -- MOV. E.EO~i~ 4:IBP~ P.N.R£CORDS MO.B11 P.6 Teachers Insurance and Annuity Association College Retirement Equil]el Fund 730 Third Avenue/New York, NY 10017 TIAA-CREF RETIREMENT ANNUITIES Qu&rlerty Confirmation of Tt&nlactlone for the Period DEBRA JILL KELLER 671 S 82ND ~T1:[EET APT 3S HARRISBURGH PA 17111 10/01/90- 12/31/90 TIAA Certifier Number : B 128321 · 3 CI~FJ: Certificate Number : 0128321-0 Social 8~ Numar : 1 8 6 - 5 0 - 8 4 5 4 ~eml~ Re~l~en (A) · T~ PE~SYLVANIA $TATE UNIVERSITY A remittance was received from your Institution, but not l:)rocea6ed In time to be included in Iht6 re~:)rL Any payment received for your contract(s) will ap;)eer In your next re!:)orL All premium peymanla participate al o! the ~tate recelvecL Where applicat:)le, your pay atuP, should be con~,ulted to cletefmlne the period between when the salary reclucfl0n occ,jrre~l and when the amount wee cre<~lt~ to the chosen CREF account or 'TIAA annuity. These Rettremenl Annuities tlc not provide for loans and cannot be assigned. The right to correct any clerical error in this rel:~rt is reeerved. I. SUMMARY OF TRANSACTIONS THIS QUARTER y . TOTALP'~MIUM$ $ 174,R~I AL~.C~CA'I"k"~)/bIt~ 21,l.'/2 S 21&,74 S 437,47 ~tlen Tm~ctiofl ~iofl ~1~ N~ma~ TI~ C~ ~N~ 11/3Q190 Pt~lum 374,67 2~ 26 NO 93.14 93,74 117.49 II. CHANGES IN ANNUITY ACCUMULATIONS TI-tiS QUARTER TOTAL AO~JI.EUI.A.TIC)N A~; Cdr 9/'~0/~ .' UNITS; Oe~NIh'O AOCt. ndUt~TtON UNI'r VAf. Ur. TOTA~ $ 14. ~gO, ~0 A~~ ~ Unit 09/21/10 $ 12.49 ~ 62.50 S 40,1211 10121/90 62.49 12.50 41,120l INTEREST 343.77 $ 34,121,74 411,aa7 L,qNTT~ ZZ~,S2S $ 4e.12~ UN. VALUE: $ 12.Z77~ 11.111,18 A¢~qVlUt. AflONL $ 2,1iz.1S Unl~ Unit Unl~ 1.131 ~ 124.~! $ 12,2720 10, II5 1.120 124.11 12.3J94 1D.113 2.187 117,4t 12.434l 16.078 UNITS= CLOSII,~3 UNIT VALU~ TOTA.~ $ 15.552.4a ACCUIdTJI..ATION: TOTAL A, CCUMtJLATTCIN A.~ CbF 12/31/g0: 417. 116 UNfflt 21S.301 $ 44.40,? ~'U~aI.,~----A'~:~4: $12'1~113 $ 37. 367, ~i Telch~erl In.urance .nd Annultv A-Iociltlon College Retirement Equltlel Fund 730 Third Avenue/New York. NY 10017 TIAA-CREF RETIREMENT ANNUITIES Ou~rterly Conflrm,,flo~ of TrAn--etlonm fm the Period KYLE WINTER SMITH 1678 DOUGLAS DRIVE CARLISLE PA 17013 H0.5~1 : B3171BB-$ : ,IgB.E2.2227 P.5 ?rinlectloni ~oitl~ xher the ¢lDie d thll Ouirllf Will Al~ll~ I~ M~ ~ly ~fl~ltl~. Where a~plicable, your pay itub lhoul~ De conlult~ to determine, I~ ~tt~ ~W w~n Ihs ii1~ reduction ~cu.ea Bna when Ihs amounl wee of~l~ea to the chain ~EF I~n~ m ?1~ I~ully, T~e riehl lo correct eny Clerlca] ~rror in thll Pe~ ti tectyl, L SUMM~RY OF TRANBACTION$ THIS QUARTER TOTAL PREMIUME ~ ALkO~ATED ~ $ 111,14 TIAA $0.74 37,70 107,2S tr3,VO MO~EY Il. CHANGES IN ANNUITY ACCUMULATION~ THIS QUARTER TOTAL A~CUMULATIONa.80~ 6/30/90: Pm~llet- TIAA OREF ~"TOCK 01/21~ I~D ]?.?O 11],10 41.2lS4 UNI'rS.' CLOSING I UNIT VALUE~ TOTALS I $ 12, gE3.00 ACf~UMTJI~TION; TOTAL ACCUMULATION As; OF D/~O/~)O; 21,140 UNrT~: 40.1206 1,177,47 $ $ Web Center wxvw.tiaa-cr¢ f. org Automated 2A-Hour Information 800 842-2252 800842-2776 M-F. 8am-llpm ET S-S, 9am-6pm ET January 1, 2001 - March 31, 2001 KYLE WINTER SMITH 43 W WILLOW ST # 8 CARLISLE PA 17013-3881 730 Third Avenue. New York. NY 10t)1'7-3206 portfolio summary Be~innin~ value as of: changes during the period: Employer contributions Your contributions Net investment gain/loss TIAA Traditional interest Ending value: (12/31/00) this quarter this year $67,068.92 (I2/31/00) $67,068.92 258.00 258.00 -8,261.26 312.69 $59,636.35 total value as of 03/31/01: $59,636.35 258.00 258.00 -8.261.26 312.69 $59,636.35 T1AA-CREF makes it easy to keep retireraent savings in one place. When you or your spouse roll over retirement funds to a TIAA-CREF Rollover IRA, all taxes continue to be deferred, and earnings accrue on a tax-deferred ba,,~ until the funds are withdrawu. Take a .moment to r~view the enclosed In Brief to learn about the advantages of a TIAA-CREF Rollover IRA, call us at 800 842-2776 or go to www.tiaa-cref.org/iras. your investment results & returns gains/losses this~quarter Equities CREF Stock -$1,593.36 CREF Global Equities -3,322.22 CREF Growth .... :2,345.68 -$8,261.26 gains/losses thais value as of __ . 03/31/0~1 -$ 1,593.36 $ 10,909.08 ........ 19,1~__.1> _ _-3,345.68 11,472.81 -$8.261.26 $41,514.04 Guaranteed TIAA Traditional* interest credited this quarter interest credited value as of t_his y ea~r~ .... 03/31/01 $312.69 .... *~ '_ ....... "~ 7 ~oI_.69 $18.: .... 1 $312.69 $312.69 $18.122.31 total value as of 03/31/01 $59,636.35 For rates of total return or current interest rates for 'all TIAA-CREF accounts as of 03/31/0 l, reikr to the enclosed performance card. * TIAA Traditional bmarantees your principal and a specified interest rate, plus it offers the opponumty tbr greater growth through dividends. Dividends when declared remain in effect through the end of the dividend year, which begins March Ist. Your interest earnings include the change in the discounted or present value of your Transfer Payout Annuities. asset allocation total value by asset class I~ equities 70% · guaranteed 30% To transfer funds among the TIAA-CREF accounts or change your allocation of future contributions, visit our Web Center or call our Automated Telephone Service at 800 842-2252. To create a personalized pont'olio allocation. go to www.tiaa-cref.org/alloe-calc or call 800 842-2776. value by contract Retirement Annuities TiAA B317165-5 , CREF Q317165-2 CREF Stock CREF Global Equities CREF Growth Transfer Payout Annuities TIAA IF71744-2 TIAA Traditional as of 12/31/00 $1 .... 1.84 (65.290 units@SI88. 724_8 / SV'~ '~73 '77 (27,I.681 units@-$8J.0896 ~ $14.663.69 __(184.198 units@S79.6083 ~ $49,259.30 as of 03/31/01 $10,909.08 (66.286 units@$J6,1.5760 t $19,[32.15 (2 77. 039 units@S69. 059zt ) $11,472.81 (186.276 units@$61.590d 2 $41,514.04 $17,809.62 $18~122.31 $17,809.62 $18,122.31 The value of your Transfer Payout Annuity is the discounted or present value of your remaining total annual transfers based on current dividends as of a specific date. As dividend interest rates change, your discounted value will change. total value: $67,068.92 $59,636.35 contributions Retirement Annuities The following lists all contributions made to your TIAA-CREF contracts this quarter. The effective date reflects when funds began participating in the investment results of the TIAA-CREF accounts. You may also want to review your pay stub to determine when funds were actually reduced from your salary. Dickinson College - Bi-Weekly Remitted this quarter TIAA B3t7165-5, CREF Q317165-2 Total employer: $258.00; Total employee: $258.001 Grand total: $516.00 e~fective percent unit no. of amount date contribution allocated price x units allocated 01/08/01 $86.00 35% CREF Stock $184.5146 0.163 $30.10 35% CREF Global Equities $79.6206 0.378 $30.10 30% CREF Growth $77.4072 0.333 $25.80 01/22/01 $86.00 35% CREFStock $190.6433 0. t58 $30.10 35% CREF Global Equities $81.2490 0.370 $30.10 30% CREF Growth $84.5323 0.305 $25.80 02105/01 $86.00 35% CREFStock $191.7958 0.157 $30.10 35% CREF Global Equities $80.9780 0.372 $30.10 30% CREF Growth $8~!139 0.314 __. $25.80 02/20/01 $86.00 35% CREFStock $181.4517 0.166 $30.10 35 % CREF Global Equities $75.8527 0.397 $30.10 contributions effective percent unit date contribution allocated price 30% CREF Growth $73.8571 03/05/0l $86.00 35% CREF Stock 35% CREF Global Equities 30% CREF Growth 0.3/19/01 $86.00 35% CREF Stock 35 % CREF Global Equities 30% CREF Growth no. of amount x units allocated 0.349 $25.80 $176.6135 0.170 $30.10 $74.2425 0.405 $30.10 $69.5202 0.371 525.80 $165.6829 0. i82 $30.10 $69.0322 0.436 530.10 $63.5360 0.406 $25.80 other contract activity Transfer Payout Annuities TIAA IF? 1744-2 Next transfer date: 07/01/01 Destination: CREF Accounts Transfers remaining: 7 Ynu have no scheduled transfer payments fids quarter. Transfer payments are based on the current TIAA Traditional interest rates in effect. New rates took effect March 1st so your next transfer payment amount is $3.238.97. for your information The TIAA-CREF Annual Report is now available exclnsively online at www.tiaa-cref, org/libra/AR/00/index.htmL We reserve the right to correct any clerical errors. Any transactions posted after the close of th. is quarter will appear on your next Quarterly Review. for your information [conr/nued, Helpful definitions Portfolio summary: a high-level overview that totals all your retirement contracts together and shows you how this value changed from the beginning of the quarter to 03/31/01, and from the beginning of the year to 03/31/01. Net investment gain/loss: the dollars earned as a result of the performance of your funds invested across all the TIAA-CREF variable annuity accounts. TIAA Traditional interest: the dollar amount of interest earned on your TIAA Traditional annuity values. A specified amount of interest is [maranteed. Asset allocation: a breakdown of how your total retirement portfolio is allocated across the four major TIAA-CREF asset classes - equities, fixed income, real estate, and guaranteed. Effective date: the date t~nds begin participating in the investment results of the TIAA-CREF accounts. Ensuring the futurejbr those who shape it.sM Hershey Medical Center Retirement Plans DEBRA JILL SMITH 1678 DOUGLAS DR CARLISLE, PA 17013 ENV#MP002383 MP 72133 72124 A Your Account Summary Retirement Savings Statement October 1,2000 - December 31, 2000 Account Number: 185508454 ~' For information: Call I (800) 343-0860 Internet Address: http'J/www,fidelity.com For online account access: Fidelity NetBenefits: http;//netbenefits.non-profits.com Totals For Activity The 401(k) P~an The 403(b) Plan All Plans Beginning Balance $504,66 $0.00 $504.66 Employee Contributions 380,09 0.00 360.09 Employer Contributions 380.09 0.00 360.09 Transfer In 0.00 4,167.67 4,167.67 Change in Account ValLm 2.41 198.95 201.36 Ending Balance $1,267.25 $4,366.62 $5,633.87 Additional tnformation · Dividends & interest $20.31 $121.65 $141.96 $612.64 $0.00 $612.64 · Stocks 55% · Bonds 39% [--]Sho~-Term6% Empioyee Contributions to Date Since 01/01/2000 Your Asset Allocation Your investments are currently allocated among {he displayed asset classes. Percentages and totals may ne be exact due to rounding. The Additional Fund Information Section tists the allocati¢ of your blended funds. 2383 MP002383 Pleaseread ~isst~ementcare~lly, Anyerrormustberepo~edto Rdeli~lnvestments wi~ing0 days. 0001 20010110 MP3B 18550J P~e' Hershey Medical Center Statement Period: 10/01/2000 to 12/31/2000 Retirement Plans Account Number: 185508454 Market Value of Your Account This section displays the value of your account for the period, in both shares and dollars. Shares on Shares on Price on Price on Investment 09/30/2000 12/31/2000 09/30/2000 12/31/2000 Market Value on 09/30/2000 Market Value on 12/31/2000 The 401(k) Plan Stock Investments Fidelity Magellan 0.913 Blended Investments* Fidelity Puritan 6.756 Bond Investments Fidelity Inter Bond 12.957 Short-Term Investments Fidelity Ret Govt MM 127.210 $122.20 $293.12 2.457 $133.84 $119.30 122.20 293.12 $127,49 $326.25 17.326 $18.87 $18.83 127,49 326.25 $127.76 $326.87 32,557 $9.86 $10.04 127.76 326.$7 $127.21 $321.01 321.010 $1.00 $1.00 127.21 321.01 The 403(b) Plan Blended Investments' Fidelity Puritan Total For All Plans $o.6o $4,366,62 0,0o0 231.897 $18.87 $18.83 0.00 4,366.62 Stock Investments Fidelity Magellan Blended Investments* Fidelity Puritan Bond Investments Fidelity inter Bond Short-Term Investments Fidelity Ret Govt MM $122.20 $293.12 0.913 2,457 $133.84 $119.30 122.20 293.12 $127.49 $4,692,87 6.756 249,223 $18.87 $18.83 127.49 4,692.87 $127.76 $326,87 12.957 32.557 $9.86 $10,04 127.76 326.87 $127.21 $321.01 127.210 321.010 $1.00 $1.00 127.21 321.01 Remember that a dividend payment to fund shareholders reduces the share price of the fund, so a decrease in the share price for the statement period does not necessarily reflect lower fund peHormance. · Some of your investments are classified as a Blended Fund investment, Blended investments may include a mixture of stocks, bonds. and/or short-tarm assets. Please refer to the 'Additional Fund Information' section to determine the allocation of your blended invasal~ents' undeHying assets. The asset breakdown of your portfolio is reflected in the pie chart in the 'Asset Allocat~an' Section. ' 2383 MP002383 0001 20010110 MP3B 185508454 Page 2 of 5 Hershey Medical Center Retirement Plans Your Contribution Elections as of 01/09/2001 This section displays the funds in which your future conthbu§ons will be invested. The 401(k) Plan MANDATORY ELECTIVE BASIC Investment DEFERRALS DEFERRALS CONTRIBUTIONS Fidelity Inter Bond 25% 25% 25% Fidelity Magellan 25% 25% 25% Fidetity Puritan 25% 25% 25% Fidelity Ret Gov~ MM 25% 25% 25% Total 100% 100% 100% The 403(b) Plan SALARY Investment REDUCTION CONTRIB ROLLOVER TRANSFER Fidelity inter Bond 25% 25% 25% Fidelity Magellan 25% 25% 25% Fidelity Puritan 25% 25% 25% Fidelity Ret Govt MM 25% 25% 25% Total 100% 100% 100% Statement Period: 10/01/2000 to 12/31/2000 Account Number: 185508454 ROLLOVER TRANSFE~ 25% -25~ 25% 25~ 25% 25~, 25% 25~ 100% 100% Your Account Activity Use this section as a surnmaJ'y of t~'ansectJons that occurred in your account during the statement pedod. The 401(k) Plan Fidelity Fidelity F'ldelity Fidelity Total Fo, Activity Inter Bond Ma~Tellan Puritan Ret Govt MM ' Plat, Beginning Balance $127.76 $122.20 $127.49 $127.21 $504.66 Employee Contributions 95.02 95.01 95.02 95.04 380.0c. Employer Contributions 95.02 95.01 95,02 95.04 380.0c~ Change in Account Value 9.07 -19.10 8.72 3.72 2.41 Ending Balance $328.87 $293.12 $526.25 $321.01 $1,267.25 Dividends & Interest $3.87 $4.23 $8.44 $3.72 $20.31 The 403(b) Plan Fidelity Activity Puritan Beginning Balance $3.00 Transfer In 4,167.67 Change in Account Value 198.95 Ending Balance $4,366.62 Dividends & Interest $121.65 A Message From Fidelity For shares redeemed after 03/15/01, Fidelity Mid-Cap Stock Fund (#0337) will adopt a shor~-term trading fee of 0.75% of the value of shares held less than 30 days. The fee is paid to the fund, not Fidelity, to help protect performance & discourage market timing. 2383 MP002383 0001 20010110 MP3B 185508454 Page 3 of .~ Hershey Medical Center Retirement Plans Statement Period: 10t01/2000 to 12/31/2000 Account Number: 185508454 Fund Performance Average Annual Total Return as of 12/31/2000 Investment I Year 5 Years 10 Years Life To Date Inception Date Fidelity Inter Bond 9.75% 5.80% 7.14% 9.10% 05/23/1975 Fidelity Magellan -9.29% 16.28% 18.31% 21.54% 05/02/1963 Fidelity Puritan 7.77% 12.74% 14.66% 12.34% 04/16/1947 Fidelity Ret Govt MM 6.13% 5.39% 4.90% 5.50% 12/16/1988 7-Day Yield: 6.19% Indices I Year 5 Years 10 Years Dow Jones Index -4.71% 18.11% 17.81% EAFE Index - 14.01% 7.31% 8.34% LB Gov't Corp Bond Index 11.85% 6.24% 8.00% S&P 500 -9.10% 18.33% 17.46% + Fast perlormance is no guarantee of future results. Total returns are historical and include the change in share value and reinvestmant of dividends and capital gain distributions, if any. Cumulative returns are reported as of the periods shown I..Jfe of fund figures are from commencement date to the pedod shown. Due to regulatory requirements the average annual total returns are reported as of the most recent calendar quarter for the pedods shown and are calculated using a standard formula. The figures do not include the effect of sales charges, if any, as these charges are waved for contributions made through your company's employee benefit plan. If sales charges were included, returns would have been lower. Each fund*s share price (except money market funds), yield, and return will vary, and you may have a gain or loss when you sell your shares. An investment in a money market fund is not insured or guaranteed by the FDIC or any government agency. Although money market funds seek to preserve the va[ue of your investment at $1.00 per share, it is possible to lose money by investing in this fund. For Fidelity Retirement Government Money Market Portfolio, the 7 day yield for the period ending December 31, 2000 is 6.19%. * The Dow Jones Industrial Average (Dow Jones) is an unmanaged index of common stocks of the 30 major industrial companies and assumes reinvestment of dividends. · The Morgan Stanley Capital international Europe, Austratasia, Far East Index {EAFE), is an unmanaged index of over f ,000 foreign common stock pdces and ir~cludes the reinvestment of dividends. The EAFE (R) Index is a registered service mark of Morgan Stanley and has been licensed for use by FMR Corp. Unless specified, the investment options offered through the Ptan are neither sponsored by nor affiliated with Morgan Stanley. .~: · The Lehman Brothers Gov*t Carp. Bond Index (LB Gov't Corp) is an unmanaged total return index comprised of certain public obligations of the U.S. Treasury, U.S government agencies, quasi-federal agencies, corporate debt guaranteed by the U.S. government and public fixed rate, non-ocnvertJble investment-grade domestic corporate debt. Issues included in this index have at least one year to mafudty. · The S&P 500(R) is a registered service mark of The McGraw-Hill Companies, Inc., and has been licensed for use by Fidelity Disthbutors Corporation and its affiliates. It is an unmanaged index of the common stock prices of 500 widely held U.S. stocks. For more complete information about any of the mutual funds available through the Plan, including fees and expenses, call or write Fidelity for free prosbecfuses. Read them carefully before you make your investment choices. Fidelity Investments Insfitufional Services Company, Inc. 82 Devonshire Street, Boston, MA 02109 2i 53420.001 Additional Fund Information Use this section to determine the asset allocafion of your blended investments. Blended Investment Stocks Bonds Fide{ity Puritan 60% 40% Short. Term 0% Blended Investments allocata portions of their portfolio in more than one asset class. The asset allocation of your blended investments is reflected above. The Stable Value per, on of the pie chart includes any short-term investments held by the Ptan's blended fund options. 2383 MP002383 0001 20010110 MP3B 185508454 Page 4 of 5 Hershey Medicat Center Retirement Plans Statement Period: 10/01/2000 to 12/31/2000 Account Number: 185508454 Your Statement Glossary Average Annual Total Return The average annual return of your investment is calculated by using a change in share price plus dividends and interest and dividing by the appropriate number of years. Please note that these numbers reflect past performance only and assume the reinvastment of ali dh/idands and interest. Your individual performance may not match these numbers exas~y depending on the timing of your investment. Change in Account Value The appreciation or deprecia§on of your holding due to pdce changes in me funds in which you aye invested, plus any dividends and interest earned dudng the statement pedod. Contribution Cont~bufions are investments made to your retirament plan either through salary reduction or by your employer during the current statement period. Contributions not received before the end of the repo~ng period will be reflected on your next statement. Dividends and Interest - A dist~bufion of income fi'om your fund(s) that is a result of a distribution of earnings fi.om its underlying investments. This amount is automaficaJly reinvested into your account. Exchange Moving shares h'om one investment to another by selling shares and using the proceeds to buy shares of another investment. Market Value The du[lar value of the investments in your account on a specific day. You can calculate your market vaJue by using the following formula: Market value = Number of shares in your account x Pdce per share of the fund. Price The value of one share of each investment in your account is the share price. It is determined by ta~lng the total value of the whole mutuaJ fund on a given day, subtracting expenses and dividing the result by the number of shares outstanding. Shares Your units of ownership of each investment in your account. Some special information about other sections in your account statement. Asset Allocation Your investments may be divided into three major asset classes: Stocks, Bonds, and Shod-Term fnvas~ents. These asset classes represent the different types of underlying secu~tias that may be held in the mutual fund(s) you own. · Stocks Stocks can add a growth component to your portfolio. They represent ownership or equity in a company. Stocks have the potential to outperform other types of investments over the long-term. However, stocks tend to have wider price fluctuations over short pedods of time than other securities. · Bonds Bonds can add an income po~don to your portfolio. They represent a loan to a corporation or government agency, and provide the opportunity for higher current income than short-term investments. Unlike short-term investments, however, bond pdcas fluctuate with changes in interest rates. · Short-Term Short-Term investments can add stability to your portfolio. They provide current income and seek to preserve the value of your investment. They also tend to provide the lowest retums over the long-term. Examples of these investments include ce~ficatas of deposits (CDs), Treasury Bills and Money Market insfi.uments. Market Indices A market index can measure the general trends in the performance of curtain types of securities. You can use these indices to compare the performance (average annual return) of the funds in which you are invested with the performance of the appropriate market index. · Dow Jones Industrial Average You can use this index to compare to the performance of come of your stock funds. This is a price-weighted average of 30 ac'flvely traded blue chip stocks, primarily indust~al stocks. · Lehman Bros. GOV/Corp Bond You can use this index to compare to the performance of some of your bond funds. It is an unmanaged to~al return index comprised of carta~n public obligations of the U.S. Treasury, U.S. Govemment aganc~as, quasi-federal agencies, corporate debt guaranteed by the U.S. govammant and public fixed rate, and non-conver'db~e investment-grade domestic corporate dabL issues included in this index have at least one year to maturity. · Morgan Stanley EAFE You can use this index to compare to the performance of come of your international stock funds, it is an index of approximately 1,040 companies representing the stock markets of Europe, Australia, New ZeaJand and the Far East. · Standard and Poor's 500 You can use this index to compare to the performance of come of your stock funds. It is an index of 500 stocks of large, established publicly traded firms. Because the index is capiteiizafion weighted (the pdca of each stock is multiplied by the number of shares outstanding), companies with the greatest market vaJue have the greatest influence on the index. 2383 MP002383 0001 20010110 MP3B 18550845, Page 5 of I llllll Illlt Illll Illll EIH lira lB] Ill Illl Hill IIII IM Ill [la II Ill Ill Illl Ge s nger Health System Fidelity ~ Investments Retirement Savings Statement April1, 2002- June 30, 2002 DEBRA JILL SMITH 1678 DOUGLAS DR CARLISLE, PA 17013 ENV#MP010582 MP72134015H H1221 ~' For online access, log on at: http Y/www.fidelity.com/atwork For information, call: (800) 343-0860 Your Account Summary Totals For Activity The 401(k) Plan The 403(b) Plan All Plans Beginning Balance $7,650.40 $140,784.73 $148,435.13 Change in Accoun~ Value -564.68 -13,986,96 -14,551.66 Ending Balance $7,085.72 $126,797.75 $133,883.47 Additional Information · Dividends & Interest $33.75 $432.24 $465.99 Your Personal Rate of Return This Period -9.8% Year to Date -9.4% Your PersonaJ Rate of Return is calculated with a time-weighted formula, widely used by finan¢iaJ analysts to calculate investrnen[ earnings. It ret]asts the rasuits of your inves~ent selact~ons as well as any activity in the plan account(s) shown. There are other Persona] Rate of Return forrnulas used that may )4eld different results. Remember that past performance is no guarantee of future results. Your Asset Allocation · Stocks 85% · Bonds 12% [~ Shod-Term 3% Your investments are currently allocated among the displayed asset classes. Percentages and totals may not be exact due to rounding. The Additional Fund Information section lists the allocation of your blended funds. Please read this statement carefully, Any error must be reported to Fidelity investments within 90 days. DEBRA J. SMITH, KYLE W. SMITH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2001-685 CIVIL TERM : IN DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT, KYLE W. SMITH The above named Defendant, Kyle W. Smith (hereinafter referred to as "Husband"), by and through his counsel, Marylou Matas, Esquire, files the following Pre-trial Statement pursuant to Pennsylvania Rules of Civil Procedure 1920.33(b): I. LIST OF ASSETS Husband's Inventory & Appraisement, in compliance with Pennsylvania Rules of Civil Procedure, is filed contemporaneously with this Pre-Trial Statement. All assets and debts known to Husband at this time are identified thereon. Husband reserves the right to name or identify additional assets as there is further disclosure from Wife in this matter. II. EXPERT WITNESSES It is anticipated that there may need to be testimony from Wife's real estate appraiser who appraised the former marital residence. It is anticipated also that there may need to be testimony from Husband's real estate appraiser who will appraise the former marital residence for a date of marriage value and comparative date of separation value in the event the parties are not able to agree on their respective values. Husband reserves the right to name additional expert witnesses depending upon the position taken by Wife in the filing of her Inventory and Appraisment and her Pre-Trial Statement. III. WITNESSES Husband will testify on his own behalf in these proceedings. Husband reserves the right to name additional lay witnesses depending upon the position taken by Wife relative to her Inventory and Appraisement and her Pre-Trial Statement. IV. EXHIBITS Husband's Inventory & Appraisement will be an exhibit, as will his Income and Expense Statement to be prepared in the form provided by the Pennsylvania Rules of Civil Procedure. In addition, attached hereto and incorporated herein by reference are the following exhibits, which are of three (3) pages in length or less: Exhibit "A" - A statement from Waypoint Bank reflecting the Certificate of Deposit account value, maturity notice and redemption date for January 2001. Exhibit "B" - A statement from M&T Bank for the period from January 6, 2001 through February 6, 2001, ora savings account #05004200126660 Exhibit "C" - A statement from Evergreen Funds, account #618-1007122739 for the period of January 1, 2001, through July 12, 2001. Exhibit "D" - A statement from MFS Investment Summary for the period of January 1, 2001, through December 31, 2001. Exhibit "E" A statement from M&T Bank savings/money market account # 15004201761001 of January 1, 2003 (2001). Exhibit "F" - A statement from Putnam Investments account #: 0349200728 for the period of January 1, 2001, through December 31, 2001. Exhibit "G" - A statement from Valic Annuity account #: 4779030 for the period from October 1, 2001, through December 31, 2001. Exhibit "H" - A statement from AIM Funds account #: 4039961976 for the period from January 1, 2001, through December 31, 2001. Exhibit 'T' - A statement from AIM Funds account #: 4039961968 for the period from January 1, 2001, through December 31, 2001. Exhibit "J" - A statement from TIAA CREF for Debra Jill Smith for the period of October 1, 2001, through December 31, 2001. Exhibit "K" - A statement from TIAA CREF for Kyle Winter Smith for the period of January 1, 2001, through March 31, 2001. Exhibit "L" - A statement from TIAA CREF for Kyle Winter Smith for the period of July 1, 1990, through September 9, 1990. Exhibit "M" - A statement from Fidelity Investments for Hershey Medical Center Retirement Plans for Debm Jill Smith for the period of October 1, 2000, through December 31, 2000. Exhibit "N" - A statement from Fidelity Investments for Geisinger Health Systems for Debra Jill Smith for the period of October 1, 2001, through December 31, 2001. Exhibit "O" - A statement from GMAC Mortgage for Account #: 306170976 dated February 12, 2001. In addition, Husband will provide the following exhibits at trial, which exhibits exceed three pages in length. Exhibit "P" - A copy of a real estate appraisal by Stan A. Skowronek of S.W. Barrett Real Estate & Appraisal Services dated October 30, 2001 for the property located at 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. Exhibit "O" - A copy of the parties' 2000 Income Tax Return filed jointly by the parties. A statement reflecting the balance of the mortgage as of the date of marriage will need to be secured. Husband has contacted the mortgage company to secure this statement and has been informed that it will take approximately three weeks more to gather this information. A copy of the parties' 2001 Income Tax Retum filed by each of the parties will need to be secured. A statement reflecting the balance of the parties' M&T Checking account as of the approximate date of separation will need to be secured. Husband has requested this information from Wife previously. A statement reflecting a more accurate date of separate balance from Fidelity Investments, Hershey Medical Center Retirement Plan for Debra Jill Smith will need to be secured. Husband has requested this information from Wife previously. Husband reserves the right to identify additional exhibits upon receipt and review of the Wife's Inventory and Appraisement and Pre-Trial Statement as well as following the Pm-Trail Conference in the matter. V. GROSS INCOME Husband's income is limited to the income received from his current employment as a maintenance worker for Dickinson College. Husband also receives APL from Wife in the amount of $29.40 per month, in the form of a reduction of the child support obligation Husband pays to Wife. VI. EXPENSES An updated Income and Expense Statement will be prepared and provided at the time of trial reflecting the expenses to which Husband has been able to limit himself in order to meet his most basic needs. VII. RETIREMENT ACCOUNTS As reflected in the attached exhibits, Husband had at the time of separation a TIAA CREF account with pre-marital contribution and an IRA account. Wife had, at the time of separation, a TIAA CREF account, an IRA account and two separate Fidelity Investment retirement accounts. As it would appear the cash sum due from Wife to Husband for his interest in equitable distribution would be of such an amount that it may not be possible for Wife to provide an immediate offset, a Qualified Domestic Relations Order may need to be implemented relative to Husband receiving his share of her Fidelity Investments Geisinger Health System retirement account. VII. COUNSEL FEES Both parties have retained counsel throughout these proceedings. Husband requested information from Wife and made an offer for settlement several times since the parties' separation. Husband' future economic situation is such that essentially what he receives through the equitable distribution of the case will be the sole source of assets from which he could acquire capital assets in the future. Any requirement that he use the funds that he receives from the equitable distribution order in this matter for payment of counsel fees only demands that he receive a greater distribution from the marital assets. Wife, on the other hand, is quite gainfully employed, likely receiving raises in her income and will be able to secure capital assel~ in the future and otherwise maintain herself with her income. Under the circumstances, Wife should be responsible for Husband's counsel fees in this case. IX. PERSONAL PROPERTY Husband's position is that each party will retain the personal property that they have in their possession at this time. Husband and Wife separated their property at the time of separation and there have been no requests that any items of personal property be returned. X. MARITAL DEBT At the time of separation, the only marital debt in existence is the first mortgage for the former marital residence. Since the time of separation, that mortgage has been satisfied. There are no other items of marital debt. XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES Husband's income is limited to his income from his current employment. Husband does not have any special skills, training, or education which could enable him to seek any specialized positions. Husband's employment has not and likely will not provide any substantial increases in his income other than minor cost of living increases On the other hand, Wife is gainfully employed in the medical field. At the time of the most recent support conference, in November 2001, Wife worked part time only two to three days per week and still had a greater income than Husband. As the parties' minor child approaches a full time school schedule, Wife will be able to work a full time schedule. Thus, it is quite likely that her income will increase substantially. While Husband was forced to move to a small apartment after the parties' separation, Wife maintained the former marital residence, in fact satisfying the mortgage since separation on her own. Wife has proceeded with her life without any interruption whatsoever. Every indication is that Wife will be able to continue in her present lifestyle and will be able to, in fact, gain financially in the future. Husband's futttre, on the other hand, is limited to the benefits he receives from the equitable distribution and his limited income. Under the circumstances, Husband should receive a 55% distribution of the marital assets and be compensated for his attorney's fees. This is reasonable considering the economic situations of the parties. In addition, Wife will have to move from the former marital residence, as it is Husband's per-marital asset. Husband's receipt of his distribution share of assets may necessitate the implementation of a possible Qualified Domestic Relations Order relative to one or more of Wife's retirement accounts. Wife should be obligated to make payment to Husband immediately or after a reasonable time frame to allow her to refinance the former marital residence. Husband maintains that the parties' separated on February 1, 2001. Wife has not indicated a contradictory position or put forth evidence to establish an earlier date of separation. Thus, a divorce entered under §3301(d) would not be appropriate at this time. Furthermore, Husband is not prepared to sign an Affidavit of Consent pursuant to §3301(c) at this time. However, it is likely that the necessary real estate information, including the mortgage balance and date of marriage value, and other necessary financial information, may take several weeks more to obtain. Therefore, Husband does not object to these proceedings continuing since it is possible that the parties will have been separated for the necessary statutory time period before this matter is concluded. Respectfully submitted, Maryl~ ~atas, Esqu'ffre Attorney f6r Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 LOOK FOR US. WE'LL GET YOU THERE. RO. Box F/Il. Harrisburg, Penns!jlvania 17105-1711 I-B66-WAYPOINT (I-B66-9;=9-7646) WWW. VVa u polntb a n k. com 1/5101 KYLE W SMITH OR DEBRA B SMITH 1678 DOUGLAS DR CARLISLE PA 17013-1078 CERTIFICATE MATURITY NOTICE Account Number: 80 ] 0002759 Maturity Date: 01/20/01 Grace Period Ends: 1/30/01 Current Interest Rate: 5.32 % Current Term: 12 Months Method of Interest /~.i~n'ibution: Credited to Account As of 01/20/01 , your CD will mature. The value of the account will be $ 5,628.71. Your CD will renew to a 12 Month Add-on CD with a new mamrit~ date of 1/20/02 The interest rate, APY and balance of your new term have not yet been determined but will be available on 01/20/01 by calling 1-866-929-7646 or your branch. Rate information is also available at www. Waypoint Bank.com. Please see the reverse side of this letter for additional information. We are dedicated to improving our products and services for the benefit of valued customers, like yourself. One of these improvements is a change in the rate structure of our Certificates of Deposit. By adding additional funds to your certificate, you may earn a higher rate or contact a licensed member of your branch who will gladly discuss alternate investment opportunities with you. Look for us. WE'll get hlou thErE. EXHIBIT "A" MaT] KYLE W SMITH DEBRA J SMITH 1678 DOUGLAS DR. CARLISLE PA 17013-1078 !..~EREST EAIDI..ED FOR STATE~EMT PERIOD INTEREST PAID YEAR TO DATE 9.09 ACCOUNT SUMMARY PDSTING DATE 01-29-01 01-30-01 ACCOUNT ACTIVITY BEGINNING BALANCE CUSTONER WITHDRAWAL CUSTOflER WITHDRAWAL M&T ATM CASH WITNDRAWAL ON 01/17 SPRING GARD,100 S SPRING GARDEN ST,CARLISLE,PA ~o.oo SO0.O0 DAILY BAtANCE $2,q61.75 ANNUAL PERCENTAGE YIELD EARNED = 2.$B Z Evergreen Funds'" Box 2121, Boston, MA 02106 -2121 -800-343-2898 For the account of: KYLE W SMITH DEBRA d SMITH TEN ENT t678 DOUGLAS DR CARLISLE, PA 17013-1078 YEAR-TO-DATE STATEMENT January 1, 2001 to July 12, 2001 t'age ] Account Number 618-1007122739 Your financial adviser is: COMMONWEALTH FINANCIAL NETWORK, 129 MARKET ST, LEWISBURG. PA 17837 Your representative is: NTI CRO$SLAND SR MARKET VALUE Here ~s the current value of your account as of the end of the period: Fund - Account Number Shares Price Money Market Fund - A 0.000 $1.00 618-1007122739 Market Value on 7/12/01 $.00 SUMMARY OF TRANSACTIONS Here ~ a yea~to-date summary of add, ions to or deductions from your account: Fund - Account Number Investments Redemptions Dividends Capital Gains Money Market Fund - A $3,379.65 $23.86 618-1007122739 TRANSACTION ACTIVITY Here are the details of each transaction for your account this year. Date Description Amount Price Shares Share Balance 1/1/01 Begriming Balance 3,357.400 1/29/01 Check Redemption - $900.00 $1.00 - 900.000 2,457.400 1/31/01 Dividend Reinvestmeat 15.27 LO0 15.270 2,472.670 2/7/01 Check Redemption - 265.00 1.00 - 265.000 2,207.670 2/14/01 Check Redemption - 300.00 1.00 - 300.000 1,907.670 2/15/01 Check Redemption - 836.50 1.00 - 836.500 1,071.170 2/28/01 Dividend Reinvestment 6.98 1.00 6.980 1,078.150 3/8/01 Check Redemption - 450.00 1.00 - 450.000 628.150 3/13/01 Redemption - 628. i5 1.00 - 628.150 .000 Accrual Disbursement 1.61 Net Transaction Amount - 629.76 7/12/01 Ending Balance 1.00 .000 ACCOUNT FEATURES Here are the account options you have selected: SystemaUc Systematic Electronic Capital Investment Withdrawal Funds Fund - Account Number Dividends Gains Plan Plan Transfer Money Market Fund - A Reinvest Reinvest None None None 618-1007122739 EXHIBIT "C" Year-to-Date Investment Summary January 1, 2001 through December 31, 2001 Page l of 3 KYLE W SMITH DEBRA J SMHH JT WROS 43 W WILLOW ST APT 8 CARLISLE PA 17013-3881 For help with your investments, contact Your Representative: N71 RICHARD I CROSSLAND SR Dealer: COMMONWEALTH FINANCIAL NETWORK 129 MARKET ST LEWISBURG PA 17837-1541 Account at a Glance Ouarrer beginning 10/1/2001 Yeor-to dare Beginning value $8,173.65 512,568 84 Change in value +q, 225 65 3,169.54 Ending value 12/31/2001 =$9,399.30 =$9,399.30 Change in value reflects the relnvestmenr of dividend an d capltal ~ain distributions, as well ~s the appfeoation or Investment News Your new quarterly statement Based on the comments we received from investors and investment professionals after making changes to your statement last year, we have redesigned the quarterlystatement. The enclosureprovides details about the new features. Tell us what you think by calling 1-800-225-2606 or by completing our online feedback form at www. mfs.com. Higher IRA Contribution limits Beginning in 2002, you'll be able to set aside more for retirement each year. Read the article in Commentan/ about the new tax law, and talk to your investment professional about how you can take advantage of these tax law changes. Don't forget, you have until April 2002 to make your2001 IRA contribution. For balances, service information, and transactions, contact MFS directly [] www.mfs.corn Online account access, fund information, and investor education ~ 24-hour-a-dayautomated information Automated -TALK (1-800-63; EXHIBIT "g" ~ Service 8am - 8pm Eastern time Personal Account Services 1-800-225-2606 IRA Account Services 1-800-637-1255 Janua ~y 1, 2001 through December 31; 2001 Page 2of 3 Account Activity KYLE W SMITH DEBRA J SMITH JT WROS Domestic Growth Stock Fund-account number: 0213-08186887123 Quotron: MIGBX Newspaper abbreviation: MIGB Transactions pace ~ Beginning share balance 1/1/2001 No activity this period Ending balance 12/31/2001 59,39930 per share 512.04 Historical Summary Toral addinons Total redu~ions Dividends Since opening 1998 58,700 O0 $0 O0 5933.73 Earnings Copltal gams $2,05238 As agent for the dealer designated by you, MFS Service Center,/nc (MFSC) as transfer ogenr conhrms this transaction in your accounL in this connecuon, MFS Fund Distributors, /n d, as distributor for the MFS Funds, sold them to your dealer os principal Number 780673 780.673 PSBLDDA1 Customer Service Workstation ~RN5VL Savings Account Balance _~863 ACCOUNT/TR3LNS NOT FOUND Account #: 15004201761001 Product: DDA Title 1: KYLE W SMITH 2: DEBR3~ J SMITH Start of Day Total : $ Available Balance : $ Last Deposit Amount: $ Last Withdrawl Amt.: $ Pledged Amount : $ Date Transaction F2 Options F3 Main Menu .00 .00 7.18 1,630.90 ' 00 $ $ $ $ $ $ $ F6 Referral SubCode: M&T BANK SSN/TIN: Package: Status : Restraint: Region : Balance to Earn Int:$ Last Deposit Date : Last Withdrawl Date: Amount 11:55:21 01/07/07 9I 195522227 CLOSED N CEPA .00 01/01/03 Ol/Ol/O3 Funds Clearing Day 1: $ .00 Day 2: $ .00 Day 3: $ .00 Day 4: $ .00 Day 5: $ .00 Day 6: $ Day 7: $ .00 Fll Title Fl2 Previous EXHIBIT "E" Duplicate Copy nnual Statement january I, 2001 - December 3 I, 2001 INA M INVESTMENTS KYLE W SMITri & DEBRA J SMITH TEN BY ENT · -43 W WILLOW ST APT 8 CARLISLE PA 17013-388t IClient number:. 0349200728 Investrnenc firm: COMMONWEALTH FINANCIAL NETWORK Representative: MR. RICHARD [. CROSSLAND,SR. Representative phone numbe~. For Putnam assistance: 1-800-225- www.putnamin vestments.corn Total value of your portfolio as of 12/31/2001 $13.819.91 2001 was a ttaglc year for our nation and a challenging one for the financial markets. As we begin the new year, we want to rem~nd you to stay focused on your long-term goals and calk to your financial advisor to make sure your investment strategy is still on track. Beginning balance (as of 1/1/2001) Investment Accounts Additions Withdrawals Change in value Total value ?: Fund nanne Year-to-date Year-to-daCe Year-to-date (as of [ 2/31/20~) Putnam Diversified Income CFM $15,812.49 $0.00 $2,500.00 $507.42 $13,8i9191:' I Total year to date $1.~,812.49I $0.00 I $2,$00.00 i $S07.42 I $13,819.91 · oral for the quarter $13.463.77 $0.00 $0.00 $356.14 $13.819.9 I (October I * December 3 I) Putnam Diversified Income CI-M Account number B44-I-195-S2-2227-BBB7 Account open date: 04/06/I 995 KYLE W SMITH & DEBRA J SMITH TEN BY ENT 01/01/2001 0112212001 02/20/2001 Account activity detail Beginning Balance Dividends Reinvested Price Date: 01 / 101200 I ($ .076000 Per Share) Dividends Reinvested Price Date: 02/12/200 I ($ .076000 Per Share) $123,00 123.95 Dividends (reinvest) Capital gains (reinvest) distributions $ 1,311.95 $ 0.00 Average cost basis: $16.729.50 Share Number Share price of shares balance 9 77 1.618.474 9.84 12.500 1,630.974 I0.01 12.383 1.643.357 Total value $15.BI2.49 EXHIBIT "F" PAGE I OF3 STATEMENT OF ACCOUNT AND CONFIRMATION OF CONTRIBUTIONS EAST CENTRAL REGZONAL OFFZC9 1767 SENTRY PK~ W. BLDG. t9 SUZTE 300 SOCZAL SECU~ZTY NUHBER: ACCOUNT NUMBER: STATEMENT PERZOD: GROUP: 03091 PLAN: TEA 001 SUSGROUP: 002 / 1 PRODUCT: UZT-PD2 UTGO0 h,,llh,,lll,,,,,,Ih,ll,,,,lllh,,l,,,Ih,l,l,,,ll,,I,h,,ll SHZTH, DESRA d 00838 1678 D0UGLAS DR CARL'rSLE PA 17013-1078 VALZC'S HOST RECENT VARZASLE ANNUZTY CONTRACT OFFERS A WZDE APJ~Y OF ZNVESTNENT OPTZONS ADVZSEO OR SUBADVZSED BY RECOGNZZ~D EXPERTS, CALL YOUR VALZC ADVZSOR TOLL-FREE AT 1-800-448-2S42. PLAN BALANCES ACCOUNT $T,9S0 $E,360 $3,180 $1,590 10/01/01 12/31/01 ASSET CLASS ~ FZXED ZNCOHE 071 DRYFUS BAS GNHA ] DOMESTZC LRG CAP EQUZTY 031AHER CENT ULT~ 030 LARGE CAP GR 010 STOCK ZNDEX 024 VNGRD WZNDSR Z; ] DOMESTZC M[D CAP EGU;TY 0~4 HZD CAP ZNDEX ] DOMESTZC SML CAP EGUZTY 014 SMALL CAP ZNDEX OVERVIEW ) EEGZNNZNG ENDZNG 43'79030 TAX SHELTERED ANNUZTY $5,739.06 $6,436.85 INVESTMENT SUMMARY NgT CHANGE 9ND~NG ~ OF ZN VALUEx~ BALANCE BALANCE [ Allocation by Asset Class I As of 12/31/01 $~.07 $1,998~92 24.2% $151.23 $13;.06 SO.O0 0.0~ $43.87 SO.O0 0.0~ *'Net Change in Value" reflects any Interest earned any changes in unit values for variable investment VALIC - The Vadable Annuity yALIC by Phone EXHIBIT "G" STATEMENT OF ACCOUNT AND CONFIRMATION OF CONTRIBUTIONS S~ITH, DEBRA d 185-50-8454 4779030 ACCOUNT ACTZVZTY 10/01/01 - 12/31/01 PAGE 2 AgT~VZTY DATE AHOUNT CODE AHOLiNT FEE BALANCE UNZT~ ~ ADM FEE t2/3t/01 0~4 .94- .94- .146121- E.4~"7355 014 .94- .94- .385741- 2.436865 010 164.07 154.07 014 120.61 120.51 024 43.5? 43.87 030 13E.06 13S.56 O31 151.23 1S1.23 ACCOUNT SUMMARY ALLOCATZON OF NO. OF DOLLAR FZXED ACCOUNT PLUS ZNTEREST RATE GUARANTEED THROUGH 12/31/02 (NZTH ZNTENT TO PAY THROUGH 12/31/03): JAN 'O2= E.~. SHOET-TERH FZXED ACCOUNT ZNTEREST RATE GUARANTEED THROUGH t2/31/02 ZS 3.00%. PR$OR CONTEZBUTZOHS HAY BE C0NBZNED ZN ONE OR MORE POOLS WSTH DZFFERENT CREDZTED PLEASE CONTACT US ZNNEDZATELY AT 1-800-4AS-2e42 ZF YOU FZND ANY ERRORS OR OHZSSZDNS ON THZS STATENENT CONCERNZHG YOUR ACCOUNT(S) OR ACCOUNT ZNFORNATZDN. YOU HUST NOTZFY US ~ZTNZN 30 DAYS OF RECEZPT OF THZ$ STATENENT ZF SUCH ZNFOR)4ATZON ZE NOT ACCURATE. AFTER 30 DAYS, THZS STATENENT WZLL BE DEENED CO~ECT. This confirm is issued on behalf of the Variable Annuity Marketing Company_ (VAMCO), broker dealer, as agent for VAL]C, VAMCO is not a member of the Securities investor Protection Corooratian. FU~DS~ ANTC CUST F80 DEBRA JILL SMITH ROTH ZRA 1678 DOUGLAS DR CARLISLE PA 17013-1078 Year End Statement January 1. 2001 - December 31, 2001 COMMONWEALTH FINANCIAL NETWORK THE CROSSLANB GROUP 129 MARKET ST LEWZSBURG PA 17837 Yor more account J.BformatJoix. please visit us online at www.akmfunds.com, or call ClienI Services at 800-457-0630. RIOHARD CROSSLANB 024820 N42 N71 ACCOUNT NUMBER "' PORTFOLIO St INVESTMENT MARKET FUND CATEGORY SHAI:LES PI:LiCE VALUE Retirement Accounts 4039961976 AIM WeiJ~gart~n Ftmd Class B (640) Domestic Equity 127.280 $ 12.63 $ t.,607.55 TOTAL $ 1,607.55 Remember to send in your IRA contribution for 2001 before the April 15 deadline. Or open an AIM IRA if you don't have one. This year's tax relief act instituted new, higher contribution limits that now make the IRA better than ever as a way ~o save for retirement. The enclosed insert shows why an AIM Traditional or Roth IRA can be one of your best retirement investments. It includes a Quick Deposit form to make it easy to add to your AIM IRA or to order more information .......... Reminder: If you have an IRA account, the fair market value of your IRA as of December 31, 2001, is being furnished to the Internal Revenue Service. The account(s) described on this statement is invested 100% in the investment category of Domestic F_.quiry. FUNDS~ pg. 2 o£2. January 1, 2001 - December 31, 2001 Individual Account Transactions ANTC CUST FBO DEBR.A JILL SMITH ROTH IRA POST TRADE TRANSACTION DATE DATE DESCRIPTION 01/01/01 01/01/01 Balance Forwaxd 12/14/0i 12/i4/0i Maintenance Fee Redemption - CLA.~$ B. ('6401. ,': DOLLAR SHARE TOTAL AMOUNT PRICE SHARES SHA R.F.S i28.081 $ -i0.00 12.49 -.801 127.280 ~,~ .. :~:7",,.' .' . Account Telephone Number Fund Redemption 4039961976 640 Yes Telephone Capital Systematic Automatic Automatic Exchange Dividends Gains Withdrawal Investmen~ Exchange Y~$ Reinvest Reinvest No No No Account Number Fund 4039961976 640 QTR $ YTD $ .,,'. Retirement Account Fund 4039961976 640 QTR $ YTD $ Current Year Prior Year Employer Contribution Contribution Contribution ,00 .00 .00 .00 .00 .00 Rollover Tra.usfer of Contribution Asset~ In .00 .00 .00 .00 ANTC CUSY ROTH IRA FBO KYLE W SMITH 43 W WILLOW ST #8 CARLISLE PA 17013-3881 Year End Statement January 1, 2001 - December 31, 2001 COMMONWEALTH FINANCIAL NETWORK THE CROSSLAND GROUP 129 MARKET ST LEWISBURG PA 17837 For more account information, please visit us online at www.aimfunds,com, or call ClJeat Sexvices at 800-457-0630. RICHARD CROSSLAND 024820 N42 N71 ACCOUNT INVESTMENT MARKET NUMBER FUND CATEGORY SHARES PRICE VALUE ReWrement Accounts 4039961968 AIM Constellation Fund Class B (602) Domestic Equity 98.154 $ 21.14 $ 2,074.98 TOTAL $ 2,074.98 Remember to send in your IRA contribution for 2001 before the April 15 deadline. Or open an AIM IRA if you don't have one. This year's tax relief act instituted new, higher contribution limits that now make the IRA better than ever as a way to save for retirement. The enclosed insert shows why an AIM Traditional or Roth IRA can be one of your best retirement investments. It includes a Quick Deposit form to make it easy to add to your AIM IRA or to order more information .......... Reminder: If you have an IRA account, the fair market value of your IRA as of December 31, 2001, is being furnished to the Internal Revenue Service. ,,, · "-.~.!r.;I.A)CA7 IO~ O,~ ASSET""" 'S,:.' ~ The account(s) described on this statement is invested 100% in the investment category of Domestic Equity. FU~DS~ pg. 2 January L 2001 - December 31, 2001 Individual Account Transactions ..AIM CON.~.T~LI. ATIO.,'~"FUND ..CLAS.~.B (602)' " ANTC CUST ROTH IRA FBO KYLE W SMITH POST TRADE TRANSACTION SHARE DATE DATE DESCRIPTION PRICE 01/01]01 01/01/01 Balance For~'ard 12/14/01 12/14/01 Maintenance Fee Redemption $ -10.00 20.80 DOLLAR AMOUNT Accon#t# 40Z P 1968 TOTAL SHARES SHARES 98.635 -.481 98.154 Account Number 4039961968 Telephone 7und Redemption 602 Yes ACCOL"NT Oi~7'iOA'.~; '"', Telephone Capital Systematic Exchange Dividends Gains Withdxawal Yes Reinvest Reinvest No Automatic Automatic Investments Exchange No No Account Number Fund 4039961968 602 QTR $ YTD $ · OU,.Sd~I'ER ¢ 'YEAR-TO-DATE SU31M,~Y ;' · Dividends & Taxes ST Capi~l Gains LT Capi~l Gains Withheld .00 .00 .00 .00 .00 .00 Retirement Account Fund 4039961968 602 ' ' ' RETIRE:lfENfI! ..~£'; M MARY . " Currant Year Prior Year Employer RoELover Contribution Contribution Contribution Contribution QTR $ .00 .00 .00 .00 YTD $ .00 .00 .00 .00 Transfer of Assets In .00 .00 Web Center - -www.tiaa-cre f. drg : :: Automated 24-Hour :- 'Information: 800 842-2°_52 800 842-2776 - M-F. 8am-tlpm ET S-S, 9am~Sgra ET October 1, 2001 - December 31, 2001 DEBKA JILL SMITH 1678 DOUGLAS DRiVE CARLISLE PA 17013-1078 730 Third Avenue. New York. NY 10017-3206 portfolio summary Be~nnin~ value as of: Changes during the period: Contributions Distributions & rollovers Net investment ~ain/loss TIAA TradJ. tional interest Ending value: (09/30/01) this aua~er $21,455.36 0.00 0.00 0.00 393,49 $21,848.85 (12/31/00) this vear $24,66~.57 0.00 4.504.91 -8.08 1,695.27 $21,848.85 total value as of 12/31/01: $21,848.85 Your portfolio summary includes the activity of contracts that currently have no value but were closed during the year. All of us at TIAA-CREF send best wishes for a healthy and happy new year. Take advantage of the new tax law.., new limits allow you to increase contributions to your IRA and SRA and save even more for retirement in 2002. To learn more about the advantages of the new law and how to maximize your contributions, take a momem to review the enclosed In Brief, visit us at www.tiaa-cref.org or call ns at 800 842-2776. Web Center Automated 24-Hour lntbrmation 800 842-2252 800 842 2776 M-F. 8am-1 lpm ET S-S, 9am-6pm ET January 1, 2001 - March 31, 2001 KYLE WINTER SMITH 43 W WILLOW ST # 8 CARLISLE PA 17013-3881 73(I Third Avcnuc, New York, NY 10017-3206 portfolio summary Beginning vg~ue as of: Changes during the period: Employer c_~E[[ibutions Your contrib_g~ions Net investment gain/loss TIAA Traditional interest Ending value: (12/31/001 this quarter this year $67,068.92 (12/31~00) $67,068.92 258.00 258.00 -8,261.26 312.69 $59,636.35 total value as of 03/31/01: $59,636.35 258.00 258.00 -8,261.26 312.69 $59,636.35 TIAA-CREF makes it easy to keep retirement savings in one place. When you or your spouse roll over retirement funds to a T1AA-CREF Rollover IRA, all taxes continue to be delbrred, and earnings accrue on a tax-deterred ba.,;.s until the funds are withdrawn. Take a moment to review the enclosed In Briff to learn about the advantages of a TIAA-CREF Rollover IRA, call us at 800 842-2776 or go to www.tiaa-cref.org/iras. A?R, 2,20~2 4:48PM P,H.RECORDS ~ M0.561 P,5 Te.cher. Insur.noe .nd Annuity Al&oolltlon College Retirement Equltle. Fund ' 730 Third Avenu,:,/New Yolk, NY 10017 TIAA-CREF RETIREMENT ANNUITIES Ouertorly Conflrmetlo~ of Tranuctlona for the P®rlod KYLE WINTER SMITH 1676 DOUGLAS DRIVE CARLISLE PA 17013 ?/01/90. 0/30/00 TIAA CMtttl~t NUmI~f ~eml~ ~1~ (A) · DI~INB~ COLLEGE : B31718B-E t 03171e5-2 : jgEo62,2227 Trenslctlone Poetl¢l After the ¢loae of thll Q~l.,llr Will Ai~ll' MI 140~ OuIrtldy CMlflrmitlM1, Where applicable, your pay ItUb thould bl COnlUlIIKI Id determine Ihs ~lrJod Detweerl wtlert lbl Illlry reduction occu.ed .,nd when the amount was credited to the cho#n OFIEF IOc=OU~I or TIAA i~nully. Thais Retirement Annullioe do not provide for Iolnl Ih'id ~lflnol N Iilignld. The right to correct any clerical error in thil ;apart il rllOfvK, L SUMM/~RY OF TRANSACTIONS THIS QUARTER .._ " TOTALPRIEMIUM8 $ ~.m4.80 ALLO~ATEDAI;$ 111,14 6 ~2~,4l $ Il. CHANGE8 IN ANNUITY ACCUIMULATION~ THIS QUARTER TOTALAGCUMULATIONA~OF 9/30/90: $. 11,321,11 UNITSI 21,211 4JNiTI] OPENINO ACCUMULATION UNIT VALUE: $ il. ~ 147 UNIT YAU)E: $ TOTALS S 12.702.46 AO<.UM~.ATION; S I .a24.42 AO~'~MU~.A'rl,~: E Dg/25/90 37,70 II3,10 41.2604 Z,739 IMT~EST 210. ~a UNITS.' 28.14 CLOSING UNIT VALUE.' TOTALS I~ 12,1~3.al AC~UMu~TI~= TOTALACCU~TION A~ ~ ~/3O/gO EXHIBIT "L" Fideliiy ~ Investments ® Hershey Medical Center Retirement Plans DEBRA JILL SMITH 1678 DOUGLAS DR CARLISLE, PA 17013 ENV#MP002383 MP 72133 72124 A Retirement Savings Statement October 1, 2000 - December 31,2000 Account Number: 185508454 ~ For information: Call 1 (800) 343-0860 Intemet Address: http://www.fidelity.com For online account access: Fidelity NetBenefits: http://netbenefits.non-profits.com Your Account Summary Totals For Activity The 401(k) Plan The 403[b) Plan All Plans Beginning Balance $504.66 $0.00 $504.66 Employee Contributions 380,09 0.00 380.09 Employer Contributions 380.09 0.00 380.09 Transfer In 0.00 4,167.67 4,167.67 Change in Account Value 2.41 198.95 201.36 Ending Balance $1,267.25 $4,366.62 $5,633.87 Additional Information ~ Dividends & Interest Employee Contributions to Date Since 01/01/2000 $20.31 $121.65 $141.96 $612.64 $0,00 $612.64 Your Asset Allocation · Stocks 55% · Bonds 39% [] Short-Term 6% Your investments are currently allocated among, the displayed asset classes. Percentages and tota]o may no be exact due to rounding. The Additional Fund information section lists the allocatic of your blended funds. Please read this statement carefully. Any error must be reported to Fidelity Investments within 90 days. 2383 MP002383 0001 20010110 185508, Page 1 Geisff ge Health System DEBRA JILL SMITH i~78 DOUGLAS DR CARLISLE, PA 17015 MP72134015H H122[ Fj i lJL ' Investments Retirement Savings Statement October 1, 2001 - December 31, 2001 Social Security Number: 185508454 ~' For information: Call 1 (800) 343-0860 Internet Address: http://www.fidelJty.com For online account access: Fidelity NetBenefits: httpY/netbenefits.non-profits.com Your Account Summary Activih/ The 401(k) Plan Beginning Balance $7,172.16 Fees -4.00 Change in Account Value 451.54 Ending Balance $7,619.70 Additional Information ~. Dividends 8, Interest Totals For The 403(b) Plan All Plans $129,944.18 $137,116.34 0.00 -4.00 10,217,49 10,889.03 $140,161.67 $147,781.37 $50.93 $760.37 $811.30 Your Personal Rate of Return This Period 7.8% Year to Date -7.5% Your Personal Rate of Return is calculated with the time-weighted formula, a formula widely used by financial analysts to calculate the investment earnings of a portfolio. Jt reflects the results of your investment selections as well as any activity in the account. There are ot~er Personal Rathe of Ret~m formulas used that may yield different results. Remember that past performance is no guarantee of ~re results. Your Asset Allocation · Stocks R8% · Bonds 12% ~ Short-Term 2°, Your investments are currentfy allocated amon¢~ the ~ispJayed asset classes. Percentages and totals may not ~ exact due To rounding. The Additional Fund Information section lists the allocation of your blended funds. EXHIBIT "N" 10814 MP010814 0001 20020114 M~== Fide[itylnve~ments, P.O. Box77'OOO2, Cincirm~i, OH 45277-0090 ~ed to Fidelity Investments within 90 days. 185508454 Page 1 of 7 BORROWER INFORMATION Name: KYLE W. SMITH Account Number: 306170976 Home Phone #: (717) 249-8359 Work Phone #: (717) 245-1212 CO-BORROWER INFORMATION Name: DEBRA J. SMITH Home Phone #: (717) 249-8350 Work Phone #: (717) 531-6948 I,,,lll.,llh,,,,,ll,,ll,,,,llll,,,I,,,Ih,l,l,,,ll,,I,l,,,ll KYLE W. SMITH DEBRA d. SMITH 1678 DOUGLAS DR CARLISLE PA 17013-1078 GMR _C Mortgage Please verify your mailing address, borrower and co-borrower information. Make necessary corrections on this portion of the statement, detach and mail to address listed for Inquiries on the reverse side Account Number 306170976 Current Statement Date February 12, 2001 Original Maturity Date July 01, 2008 Interest Rate 7.625 Current Principal Balance* $5,257.78 Current Escro~ Balance $978.03 Interest Paid Year-to-0ate $75.03 Taxes Paid Year-to-Date $0.00 For questions on the servicing of your account, call 1-800-766-4622. See back for automatic payment sign.up infonmation and express mail address. Principal and Interest $425.03 Subsidy/Buydown $0.00 Escrme $122.26 Additional Products/Services $0.00 Amount Past Due $0.00 Outstanding Late Charges $0.00 Other $0.00 Total Amount Due $547.29 Account 0ue 0ate March 01, 200! Description DueDate Tran. Date Transaction Total Principal Interest Escrow Principal Curtailment 0~/12/01 $42.71 $42.71 Mortgage Payment 02/01/01 02~12/01 $547,29 $388.88 $36.15 $122.26 Other *This is your Principal Balance only, not the amount required to pay your loan in full. Interest rates are DROPPING! It's a great time to buy a new home or refinance your current mortgage. Call us today at 1-888-302-4622 for more information or to apply. EXHIBIT "0" DEBRA J. SMITH, KYLE W. SMITH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-685 CIVIL TERM IN DIVORCE INVENTORY & APPRAISEMENT OF DEFENDANT. KYLE W. SMITH Kyle W. Smith, Defendant, files this inventory of ail property owned or possessed by either party at the time this action was commenced and all property transferred within the proceeding three years. Kyle W. Smith, Defendant, verifies that the statements made in this inventory are tree and correct. Defendant further understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsific~io9 to~uthorities. K I ASSETS OF PARTIES Kyle W. Smith, Defendant, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. (x) 2. () 3. (X) 4. (x) 5. (x) 6. () 7. () 8. () 9. (x) 10. 11. 12. 13. 14. 15. 16. 17. Real property Motor vehicles Stocks, bonds, securities and options Certificates of Deposit Checking Accounts, cash Savings accounts, money markets and savings certificates Contents of safe deposit boxes Trusts Life Insurance polices (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, invention, royalties Personal property outside of home Business 0ist of ail owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, worker's compensation claim/award Profit sharing plans () (x) 18. 19. 20. 21. 22. 23. 24. 25. 26. Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/VA Benefits Education benefits Debts due, including loans and mortgages held Household furnishings and personality (including as a total category and attach itemized list of distribution of such assets in dispute) Other LIABILITIES OF PARTIES Kylc W. Smith, Defendant, marks on the list below those items applicable to the case at bar and itemizes the liabilities on the foregoing pages. SECURED (X) 1. Mortgages ( ) 2. Judgments ( ) 3. Liens ( ) 4. Other Secured Liabilities UNSECURED () 5. () 6. () 7. () 8. () 9. Credit Card Balances Purchases Loan Payments Notes Payable Other Unsecured Liabilities CONTINGENT OR DEFERRED ( ) lo. ( ) 11. ( ) 12. ( ) 13. ( ) 14. ( ) 15. Contract or Agreements Promissory Notes Lawsuits Options Taxes Other Contingent of Deferred Liabilities ~) ~) o DEBRA J. SMITH, KYLE W. SMITH, Plaintiff/Respondent DR#: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-685 CIVIL TERM Defendant/Petitioner : IN DIVORCE PETIT[ON FOR ALIMONY PENDENTE LITE, INTERIM COUNSEL FEES AND EXPENSES AND NOW comes Petitioner, Kyle W. Smith, by and through her counsel of records, Marylou Matas, Esquire, and petitions the Court as follows: Your Petitioner is the above named Defendant, Kyle W. Smith, an adult individual currently residing at 43 West Willow Street, Apartment 8, Carlisle, Cumberland County, Pennsylvania. Your Respondent is the above named Plaintiff, Debra J. Smith, an adult individual currently residing at 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. Petitioner's date of birth is January 6, 1959, and his Social Security number is 195- 52-2227. Respondent's date of birth is January 26, 1956, and her Social Security number is 185-50-8454. The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301 (c) of the Divorce Code of 1980 as amended. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support himself, pay for attorney's fees, or pay for the costs and expenses associated with this action. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying his counsel fees, costs and expenses. Petitioner no longer resides in the property owned by Respondent and Respondent is providing no financial assistance to Petitioner. WHEREFORE, Petitioner request you Honorable Court to enter an Order of Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses in this matter. Respectfully submitted, Maryl'o-u~tas, Esquire Attorne))'fo~ Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to author/ties. KY29E W. SMITH, Defendant/Petitioner DEBRA $. SMITH, KYLE W. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-685 CIVIL TERM Defendant/Petitioner : IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS NAME ADDRESS 'BIRTH DATE SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE EMPLOYER NAME EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED ~ROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME ATTORNEY'S ADDRESS ATTORNEY'S PHONE NUMBER PETITIONER Kyle W. Smith 43 West Willow Street, Apt. 8, Carlisle, PA 17013 January 6, 1959 195-52-2227 (717) 218-5737 (717) 245-1212 Dickinson College Carlisle, PA Maintenance $1,863.33 per month $1,567.36 per month Marylou Matas, Esquire 200 North Hanover Street, Carlisle, PA 17013 (717) 243-5551 NAME ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE EMPLOYER NAME EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME ATTORNEY'S ADDRESS ATTORNEY'S PHONE NUMBER RESPONDENT Debra J. Smith 1678 Douglas Drive, Carlisle, PA 17013 January 26, 1956 185-50-8454 Hershey Medical Center Hershey, PA medical secretary $2,365.20 per month $1,936.47 per month $315.44 for child support per month Carol J. Lindsay, Esquire 26 West High Street, Carlisle, PA 17013 (717) 243-6222 DATE OF MARRIAGE PLACE OF MARRIAGE DATE OF SEPARATION ADDRESS OF LAST MARITAL HOME DESCRIPTION OF DOCUMENT RAISING APL CLAIM DATE APL DOCUMENT FILED MARRIAGE INFORMATION September 29, 1990 Hershey, PA February 1, 2001 1678 Douglas Drive Carlisle, PA 17013 Petition for APL September 4, 2001 col DEBRA J. SMITH, VS. KYLE W. SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 2001- 685,J/ CIVIL TERM .. : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on February 2, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninefy days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: DEBRA J. SMITH, VS. KYLE W. SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .' : CIVIL ACTION - DIVORCE : NO. 2001- 685~1t' CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on February 2, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree, I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DEBRA J. SMITH, VS. KYLE W, SMITH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO, 2001- 685J~ CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 4904 relating to unsworn falsification to authorities. Debra J. Smitl'l, Plaintiff Date: DEBRA J. SMITH, VS. KYLE W. SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 2001- 685~' CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S330'1(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: DEBRA J. SMITH, Plaintiff/Respondent VS. KYLE W. SMITH, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-685 CIVIL TERM IN DIVORCE DR# 31058 Pacses# 419103864 ORDER OF COURT AND NOW, this 18t~ day of October, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on November 13, 2001 at IO:30A. M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, afier which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (l) a true copy ofyour most recent Federallncome Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 10-18-01 to: < Respondent Maryinu Matas, Esquire Carol Lindsay, Esquire Date of Order: October 18, 200l YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (7 l 7) 249-3166 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION Plaintiff/Respondent Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 01-685 CIVIL 419103864 /D31058 AND NOW to wit, this that: Order NOVEMBER 13, 2001 it is hereby Ordered THE ALIMONY PENDENTE LITE COMPLAINT IS DISMISSED WITHOUT PREJUDICE AS THE AMOUNT THAT WIFE WOULD OWED HUSBAND IS TO OFFSET HUSBAND'S OBLIGATION OF CHILD SUPPORT OWED TO WIFE UNDER C#693103055 UNDER DOCKET NO. 129 S 2001. DRO: F,J Shadday xc: petit:Loner respondent Mary Lou Matas, Esquire Carol Llrdsay, Esquire BY THE COURT: JUDGE Service Type Form OE-520 Worker ID 21005 DEBRA J. SMITH, : Plaintiff : VS. : KYLE W. SMITH, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 685 CIVIL IN DIVORCE ORDER OF COU~T No , this day of 2002, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated November 5, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, CC: ,,-Carol J. Lindsay Attorney for Plaintiff t ~arylou Matas Attorney for Defendant Ge,~ J. DEBRA J. SMITH KYLE W. SMITH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIl, ACTION - LAW : No. 01 - 685 CIVIL 19 : : IN DZVORCE De~ndant STATUS SHEET ACTIVITIES DEBRA J. SMITH, : Plaintiff : VS. : KYLE W. SMITH, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 68.~ ' CIVIL IN DIVORCE TO: Carol J. Lindsay Marylou Matas Attorney for Plaintiff Attorney for Defendant DATE: Wednesday, July 3, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. (a) OR IF DISCOVERY IS NOT COMPLETE: 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 aDproximate 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 IMi~EDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. DEBRA J. SMITH, KYLE W. SMITH, IN THE COURT OF COMMON PLEAS OF/~ Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-685 CIVIL TERM Defendant : IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER ANDNOW, this Z~ dayof '~232tD~") , 200~----~, it appears to the Court as follows: 1. The parties hereto were husband and wife, seek this Order in conjunction with a final decree of dissolution of marriage dated December 7_.~, 2002, in that action pending in this Court at the above number. 2. Debra J. Smith, social security number 185-50-8454, hereinafter referred to as "Participant", is employed by Hershey Medical Center, is a participant in the Teachers Insurance and Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF' and has the following annuities: TIAA Retirement Annuity (RA) Contract No. 1F73642-6, B128321-3 CREF RA Certificate No. Q128321-O Debra J. Smith's current and last known mailing address is 1678 Douglas Drive, Carlisle, PA 17013. The Alternate Payee is Kyle W. Smith, whose current and last known mailing address is 43 West Willow Street, Apartment 8, Carlisle, PA 17013. The Altemate Payee's social security number is 195-52-2227, and date of birth is January 6, 1959. To accommodate the marital/community property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the TIAA-CREF annuities previously referenced are marital property; B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity accumulations for the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: i. Marital portion is a I~ercental~e and is to be transferred, and TIAA- CREF is to calculate the accumulation to be transferred, a. For annuities issued before the marriage was established: the accumulations attributable to premiums remitted from the date the account was established through the date of distribution. TIAA RA No. 1F73642-6, 100% TIAA RA No. B128321-3, 100% CREF RA No. Q128321-O, 100% i. Transfer Values The values actually transferred will reflect interim investment experience until the transfer is recorded by TIAA-CREF. The TIAA Traditional accumulation will increase over time, whereas the TIAA Real Estate and CREF accumulations may increase or decrease, reflecting the performance of the underlying investments. C. Conditions of division of annuity contracts: i. All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All ownership rights in the newly issued annuities will belong to the Alternate Payee iii. The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA- CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. The Alternate Payee may change the investment allocation once his or her annuities are issued in accordance with the contributing employer's plan. Reaffirmation/Termination of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. Termination -as of the date of TIAA-CREF's receipt of the QDRO, all TIAA- CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the right to change the designation. TIAA Traditional Retirement Annuities (RAs) do not allow single sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive single sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within thirty (30) days of the request for same. 4. This Order: A. does not require any plan to provide any type of form of benefit, or any options not otherwise provided under the plan, and B. does not require TIAA-CREF to provide increased benefits, and C. does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this Order is rendered invalid, the balance of the Order will remain fully enforceable. 5. This Court reserves jurisdiction to issue further orders as needed to execute this 0"0''O''~I ~ ._% Order. ,,~ .~,~S Participant ~~~ ,~~, Date DEBRA J. SMITH, VS. KYLE W. SMITH, To the Prothonotary: Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : NO, 2001- 685 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certified Maii; Return Receipt signed by Defendant, Kyie W. Smith, February 12, 2001, filed March 23, 2001. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff November 5, 2002; by the Defendant November 5, 2002. (b) (1) D~tc of cxccution of thc Plaintiffs affidavit required by Scction 3301(d) of thc Divorce Codc: (2) D~tc of sorvicc of thc Plaintiff's ~ffidavit upon thc Dcfcndant: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Datc and manner of ocrvico of tho noticc of intcntion to filo pracoipo to transmit rocord, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: December ,2002 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: December ,2002 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this'-~_~ ~day of~n'[[cr~,9~ ~ ,2002, by and between KYLE W. SMITH, of 43 West Willow Street, Apartment 8, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," AND DEBRA J. SMITH, of 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "W/fe,' WITNESSETH: WHEREAS, Husband and Wife were married on September 29, 1990, in Hershey, Dauphin County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the --Page 1 of 14- resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. AR TICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement --Page 2 of 14-- shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. -Page 3 of 14-- ARTICLE III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in thc Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to thc education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in thc acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; thc economic circumstances of each party, including federal, state and local tax ramifications, at thc time of the division of the property is to become effective; and whether the parties will be serving as thc custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without thc introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 --Page 4 of 14-- Personal Prot~ertv. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Subsettuentlv Acauired Prot~ertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension, Retirement, Prot~t-Sharine. Husband owns or has an interest in a TIAA~CREF annuity account, Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's TIAA~CREF account. Husband maintains that he did not own or have an interest in any other pension, retirement, or profit-sharing account during the time of the parties' marriage through the time of their separation. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in any present retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. --Page 5 of 14-- Wife owns or has o interest in the Geisinger Fidelity Investment retirement plan Wife shall transfer F:Iali~'-FOUR THOUSAND ONE HUNDRED THIRTY AND 53/100 ($~4,130.53) DOLLARS from that account to an account in Husband's name individually. Counsel for Wife shall prepare a Qualified Domestic Relations Order to effectuate the terms of this paragraph within fifteen (15) days of execution of this Agreement. Wife owns or has an interest in the Hershey Medical Center Fidelity Investment retirement account. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in this account. Wife owns or has an interest in a TIAA/CREF annuity account. Husband agrees to waive, relinquish, or transfer any and all of his right, title and interest he has or may have inthis account. Wife maintains that she did not own or have an interest in any other pension, retirement, or profit-sharing account during the time of the parties' marriage through the time of their separation. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. 3.7 Vehicles. The parties have retained vehicles in their sole and exclusive possession which they intend to retain from this time forward. Neither party will make any claim against the other party relative to any vehicle or vehicles that the other party has retained and further, shall executed any necessary documents to waive, relinquish, and transfer any right, title and interest to the vehicle in the other party's possession within fifteen (15) days of being requested to do so by the other party or their legal counsel. --Page 6 of 14- 3.8 Intangible Personal Prot~ertv. The parties acknowledge that they are the joint owners of a checking account at M&T Bank, account number 1080377. The parties agree that Wife retained ONE THOUSAND FOUR HUNDRED FIFTY-SIX AND 12/100 '$1,456.12) DOLLARS from this account, reflecting the balance at the time of separation. The parties acknowledge that they are the joint owners of a sawngs account at M&T Bank, account number 15004200126660. The parties acknowledge that Husband retained TWO THOUSAND NINE HUNDRED NINETY-SEVEN AND 45/100 ($2,997.45) DOLLARS from this account. The parties acknowledge that Wife retained TWO THOUSAND NINE HUNDRED SIXTY-ONE AND 73/100 ($2,96L 73) DOLLARS from this account. The parties acknowledge that they are the joint owners of a certificate of deposit held at Waypoint Bank, which was redeemed at the time of separation. The parties acknowledge that Husband retained SIX HUNDRED AND 00/100 ($600.00) DOLLARS from this certificate of deposit. The parties are the joint owners of a money market fund held at Evergreen Funds, account number 618-1007122739. The parties acknowledge that Husband retained TWO THOUSAND SEVEN HUNDRED FIFTY-ONE AND 50/100 ($2,751.50) DOLLARS from this account. The parties acknowledge that Wife retained SIX HUNDRED TWENTY-NINE AND 76/100 ($629. 76) DOLLARS from this account. The parties acknowledge that they are the joint owners of an MFS investment account, account number 0213-08186887123. The parties acknowledge that Husband shall retain the total funds held in this account. Wife shall sign any documents necessary to remove her name from this account within fifteen (15) days of signing this Agreement. Wife shall make no claim whatsoever against Husband relative to this financial account or investment. ~Page 7 of 14- The parties acknowledge that they are the joint owners of a Putnam investment account, account number 0349200728. The parties acknowledge that Wife retained TWO THOUSAND FIVE HUNDRED AND 00/100 ($2,500.00) DOLLARS from this account. Husband shall retain the balance of the total funds held in this account. Wife shall sign any documents necessary to remove her name from this account within fifteen (15) days of signing this Agreement. Wife shall make no claim whatsoever against Husband relative to this financial account or investment. The parties acknowledge that Wife is the owner of a Valic investment account, account number 4779030. Husband shall make no claims whatsoever relative to this financial account or investment. The parties acknowledge that Husband is the owner of an AIM investment account, account number 4039961968. Wife shall make no claims whatsoever relative to this financial account or investment. The parties acknowledge that Wife is the owner of an AIM investment account, account number 4039961976. Husband shall make no claims whatsoever relative to this financial account or investment. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. 3.9 Real Estate. The parties are the joint owners of real estate located at 1678 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. Upon presentation to Husband through counsel of a special warranty, fee simple deed conveying all of his right, title and interest in the aforesaid property to Wife individually, Husband will execute that deed to be recorded ~Page 8 of 14-~ immediately. Wife shall be solely and exclusively responsible for making any and all payments and meeting any and all financial commitments due and owing for the aforesaid property, including, but not limited to, taxes, maintenance and utilities. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activities of any nature whatsoever relative to the aforesaid payments. From the time of execution of this Agreement and upon the parties' compliance with all terms of this Agreement, Husband waives and relinquishes any and all right, title and interest in the aforesaid real estate. In consideration of Husband's interest in this property, Wife agrees to pay Husband the sum of THIRTY THOUSAND AND 00/100 ($30,000.00) DOLLARS. The aforesaid payment shall be made within thirty (30) days of execntion of this Agreement by Wife, but under any circumstances must be made prior to delivery of the Deed conveying Husband's interest in the aforesaid real estate to Wife. The aforesaid sum of $30,000.00 due and payable to Husband~ shall accrue interest at the rate of TEN (10%) PERCENT per annum from ~ days from the date of execution of this Agreement by Wife until the date of payment to Husband. ARTICLE IV DEBTS OF THE PARTIES 4.1 Each party represents to the other that except as is otherwise set forth in this Agreement there arc no major outstanding obligations of the parties; that since the separation neither party has contracted for any debts for which thc other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. -Page 9 of 14- ARTICLE V ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, CHILD SUPPORT AND MAINTENANCE 5.1 Husband and Wife acknowledge that each has secured and maintained adequate funds with which to provide themselves sufficient resources to provide for their own comfort, maintenance and station of life to which he or she is accustom. Husband and Wife hereby waive, relinquish and give up any and all right of any nature whatsoever that he or she has to alimony, alimony pendente lite, support, maintenance, or other such benefit from the other and agree not to institute any action at any time to secure such maintenance, support, alimony, alimony pendente lite, or other types of support from the other in this or any other jurisdiction. 5.3 Except as specifically noted here, Husband and Wife specifically waive, release and give up any and all rights for alimony, alimony pendcnte lite and spousal support pursuant to Chapter 37 of the Domestic Relations Office. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand thc facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result -Page 10 of 14-- of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Bankrut~tcv. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraph 3.6 and 3.9 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy. 6.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. --Page 11 of 14- 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, -Page 12 of 14- this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way vo~.d or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any --Page 13 of 14~ and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: Date -Page 14 of 14- COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2002, before me, the undersigned officer, personally appeared KYLE W. SMITH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2002, before me, the undersigned officer, personally appeared DEBRA J. SMITH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. -Page 15 of 14-- ADDENDUM TO THE AGREEMENT MADE ON NOVEMBER 5, 2002 The following paragraphs shall be amended as follows: 3.4 Each party shall maintain a life insurance policy on their own life ~ $70,000.00 naming their chi d, Alexis Smith, born February 7, 1997, as the beneficiary until such time as she attains 22 years of age. The benefits shall be paid to a trustee to be named by each party, who shall invest the funds, principal and accumulated interest for the health, maintenance, welfare and education of Alexis Smith. The parties shall from time to time provide each to the other proof of the beneficiary designation and trust provision upon request. 3.6 However, if within seven (7) days, Wife elects to make a portion of the aforesaid payment by QDRO from her TIAA-CREF account, she may do so and counsel for Husband shall prepare the QDRO for the TIAA- CREF rollover. In that event the balance of the $44,130.53 shall then be transferred from Wife's Geisinger Fidelity account. 3.8 Husband will arrange for the transfer of the Evergreen MFS and Putnam account. 5.1 Wife's obligation of alimony pendente lite shall terminate the same day of this agreement. The parties hereto acknowledge that they have made this agreement based upon values of assets as of certain dates and that they understand said values may have changed to date. Debra J. Smitl5 /~W. Smith~ ~ IN THE COURT Of COMMON PLEAS DEBRA J. SMITH, Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. NO. 2001 - 685 civil KYLE W. VERSUS SMITH, Defendant IN DIVORCE DECREE IN DIVORCE AND NOW, DECREED THAT AND DEBRA J. SMITH KYLE W. SMITH , 2~O2, IT IS ORDERED AND , PLAINTIFF, __, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of the Separation and Property Settlement Agreement dated November 5, 2002 are incorporated but not merged into this Decree in Divorce. BY THE COURT: ROTHONOTA