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HomeMy WebLinkAbout05-1844 -iI -~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY G. RUTZ, v. NO. 2005 - I g if'! CIVIL TERM Defendant CIVIL ACTION-LAW IN DIVORCE TAMMYW. RUTZ, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 _/1[ - I GARY G. RUTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - , <1</<1 CIVIL TERM Defendant CIVIL ACTION-LAW IN DIVORCE TAMMY W. RUTZ, DIVORCE COMPLAINT 1. Plaintiff is Gary G. Rutz, an adult individual who currently resides at 919 Thornton Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Tammy W. Rutz, an adult individual who currently resides at 1173 Fleming Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been a bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 30, 1985 in Naples, Collier County, Florida. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. II 8. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is rnarital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: April ~ , 2005 ~41Y~ Michael A. Scherer, Esquire 1.0.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Gary G. Rutz mas.dir/domestic/rutzldivorce.comp ---:1 -.. il Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY G. RUTZ, V. NO. 2005 - CIVIL TERM Defendant CIVIL ACTION-LAW IN DIVORCE TAMMY W. RUTZ, VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: April ld, 2005 II I 1: ~ ~f\ ~ - c ...... ~ ~ <s, I t'- ,} ~ '-\ ~ W 0 r2 fJ: :~l -~ ....., c'" -c::;::I "'"' o " --t X-n -nyRJ ~~ ~;7.~~ cjcn s.! ~'n -< ::'::!.. "V :A) I co -0 -" -'" -.J Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC \ 029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclav@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GARY G. RUTZ, Plaintiff No. 2005-1844 v. CIVIL ACTION - LAW TAMMYW. RUTZ, Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this --1Li day of ytL 2005, BY and BETWEEN Tammy W. Rutz, of 1173 Fleming Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N D Gary G. Rutz, of 919 Thornton Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS R.l: The Parties hereto are Husband and Wife, having been joined in marriage on November 30, 1985 in Naples, Collier County, Florida; and GGR //1/ ~,K~- Page I of 23;;8 TWR R.2: Two (2) children were born of the marriage: Ryan Edward Rutz whose date of birth is February 20,1987 and Eric Gordon Rutz whose date of birth is March 3,1988; and R.3: Differences have arisen between the Parties, in consequence of which they have lived separate and apart since on or about February 2,2005; and R.4: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and R.5: Husband filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to Docket Number 2005-1844, Civil Term; and R.6: It IS the desire and intention of the Parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R. 7: The Parties also desire to settle their issues of counsel fees and costs, and to settle any and all claims/possible claims against the other or their respective estates; and R.8: The Parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ~~,/f/ Page 2 of 24~ TWR ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and further including child support and the education of their children; and R.9: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire of Daley, Zucker & Gingrich, LLC, and that Husband has been independently represented by Michael A. Scherer, Esquire of O'Brien, Baric & Scherer; and R.I0: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.ll: Each Party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each Party. Each Party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each Party had an opportunity to do an independent valuation of the assets, liabilities and income of the other Party. To the extent either Party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as GGR // Y' ~u::;~ Page 3 of24;\J TWR well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the Parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each Party at all times hereafter to live separate and apart from the other Party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither Party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Neither Party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either Party. Each Party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement or any Custody Agreement and/or Order. The foregoing provision shall not be taken to be an admission of the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living separate and apart. (2) DIVORCE: The Parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Cumberland County Prothonotary's Office. .~-If/Z , Page 4 of 24;!; TWR If either Party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other Party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The Parties are the joint owners of certain real property located at 1173 Fleming Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter "Marital Residence"). Wife shall refinance the indebtedness on the real estate within ninety (90) days hereof and concurrent with said refinance Wife shall pay to Husband Seventy-Seven Thousand Three Hundred ($77,300.00) Dollars for his interest in and to the Marital Residence. Prior to settlement on Wife's refinance of the Marital Residence, Husband shall execute a Special Warranty Deed conveying his interest in and to the Marital Residence to Wife, which Deed shall be held in escrow by Wife's attorney until needed for settlement. The principle balance owing on the Parties' joint mortgage obligation as of April 19, 2005 was One Hundred Seventeen Thousand Two Hundred Twenty-Eight and 51/100 ($117,228.51). A copy of the April 19, 2005 statement from Washington Mutual Home Loans is attached hereto as Exhibit "A" and is incorporated herein by reference as if set forth fully herein. Wife specifically agrees to hold harmless Husband with regard to all payments associated with the Marital Residence commencing September 1, 2005, forward, including, but not limited to the mortgage payments, taxes, homeowner's insurance and repairs. Additionally, the Parties also jointly own certain real property otherwise known as The Highlands Lot #38, Phase I, in Carlisle, Pennsylvania (hereinafter "Investment Property"). Contemporaneously with the execution of this Agreement, Husband agrees that . GGR L'/Y ~G~~ Page 5 of24;G TWR as part of this property settlement, he will convey all of his right, title and interest in and to the Investment Property to Wife. Said Investment Property is free of all encumbrances; however, Wife specifically agrees to hold harmless Husband with regard to any and all payments, including taxes, associated with the Investment Property. Husband shall, simultaneously with the execution of this Agreement, execute and deliver to Wife a Special Warranty Deed conveying Husband's interest in and to the Investment Property to Wife. (4) DEBT: A. MARITAL DEBT: Other than those debts enumerated within, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. 1. Each of the Parties will pay all current bills and outstanding bills incurred on or before the date of separation of the parties, February 2, 2005, to the same extent that he or she has been paying them in the past and neither Party shall incur any unusual bill which will bind the other Party. Husband hereby agrees to return to Wife any and all joint credit cards or charge plates that he may have in his possession. The Parties further agree that any debts incurred on said joint credit cards or charge plates subsequent to the date of separation, shall be the sole and exclusive responsibility of the Party who incurred said debts and the debt-incurring Party shall save harmless the other Party from any obligation or institutions of suit thereunder. The Parties shall, within twenty (20) days of the execution of this Agreement, take all necessary steps to either close any joint credit card accounts or remove the other Party from the obligation and from the account. B: POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either Party contracted or incurred any debt since the date of separation on February 2, 2005, the Party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. . GGR (j/ \::->.J~ Page 6 of 24R TWR C: FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement neither Party shall contract or incur any debt or liability for which the other Party or his or her property or estate might be responsible and shall indemnifY and save the other Party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other Party. (5) MOTOR VEHICLES: The Parties acknowledge that the Parties jointly hold title to a 1996 Chevrolet Lumina, which vehicle is currently in the possession of Husband. Wife hereby relinquishes any right, title or interest she may have in and to the Lumina. Husband shall acquire and maintain separate insurance on and assume full responsibility for any encumbrance on the Lumina, and shall hold harmless and indemnify Wife from any loss thereon. Within twenty (20) days of receipt of the title from the current lien-holder, the Parties hereby agree to execute any and all documents needed to have the 1996 Chevrolet Lumina properly registered solely in Husband's name with the Pennsylvania Department of Transportation. The parties further acknowledge that the Parties, jointly, hold title to a 2002 GMC Yukon, which vehicle is currently in the possession of Wife. Contemporaneously with the execution of this Agreement, Husband agrees that as part of this property settlement he hereby relinquishes any right, title or interest he may have in and to the Yukon. Wife shall acquire and maintain separate insurance on and assume full responsibility for any encumbrance on the Yukon, and shall hold harmless and indemnify Husband from any loss thereon. Within twenty (20) days of receipt of the title from the current lien-holder, the Parties hereby agrees to execute any and all documents needed to have the Yukon properly registered solely in Wife's name with the Pennsylvania Department of Transportation. ~GR {f Y \.D~ Page 7 of 24;g TWR (6) BOAT: The Parties acknowledge that the Parties, jointly, hold title to a 1992 Four Winns Boat with trailer and accessories (hereinafter referred to as "Boat"), which Boat is currently in the possession of Wife. Contemporaneously with the execution of this Agreement, Husband agrees that as part of this property settlement he hereby relinquishes any right, title or interest he may have in and to the Boat. Wife shall acquire and maintain separate insurance on and assume full responsibility for any encumbrance on the Boat, and shall hold harmless and indemnify Husband from any loss thereon. Within twenty (20) days of a request by Wife to do so, the Parties hereby agree to execute any and all documents needed to have the Boat and trailer properly registered solely in Wife's name with the Pennsylvania Department of Transportation and/or the Pennsylvania Fish and Game Commission. (7) TANGIBLE PERSONAL PROPERTY: Except as otherwise herein provided, the Parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each Party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the Parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each Party to the other for such property as may be in the individual possession of the Parties hereto. The Parties shall agree on date(s), time(s), and place, to divvy up family pictures and videos. If the Parties cannot agree on a date, time or place for this review, the arrangements ~~~IlY Page 8 of 24:g TWR shall be made through counsel. Additionally, any photos and/or videos in Husband's possession will also be subject to this provision, specifically including pictures/videos of Eric playing Mechanicsburg ice hockey. Should any photo, video or item be in dispute as to who shall own said property, the Parties will equally divide the cost of duplication at an agreed-upon video/photo reproduction entity of that/those item(s). Upon Wife signing a sales agreement with a prospective buyer of the Marital Residence, Husband shall be entitled to obtain the following items of personalty from Wife: The "big screen" television; and The home theater system. (8) SAVINGS BONDS: The Parties hereto own a number of savings bonds. Wife owns some of these bonds individually. A number of the bonds are jointly-owned, and a number of the bonds are owned by the Children, jointly with one parent. A listing/accounting of the bonds is attached hereto as Exhibit "B" and is incorporated herein by reference. All bonds issued solely in Wife's name, regardless of whether said bonds were marital or not, shall become Wife's sole and separate property. Husband hereby waives any right, title or interest he may have in and to the bonds solely in Wife's name. To the extent that Husband has possession of any of these bonds, he hereby agrees to return the bonds to Wife within ten (10) days of the execution of this Agreement. Additionally, from time to time as may be necessary to give full force and effect to this Paragraph, Husband agrees to execute any and all necessary documents, within ten (10) days of a request by Wife to do 4~-If/ Page 9 of 242J TWR so, to ensure that Wife has full authority to dispose of, transfer, or cash in, the savings bonds referenced in this Paragaraph. The Parties waive any right to personally use any bonds which they co-own with the children; all bonds co-owned with the children shall be used exclusively for the childrens' benefit, primarily for their education. To the extent that Husband has possession of any of these bonds, he hereby agrees to return the bonds to Wife within ten (10) days of the execution of this Agreement. Additionally, from time to time as may be necessary to give full force and effect to this Paragraph, Husband agrees to execute any and all necessary documents, within ten (10) days of a request by Wife to do so, to ensure that Wife has full authority to dispose of, transfer, or cash in, the savings bonds referenced in this Paragaraph for the sole benefit of the parties' children The bonds shall be divided between the boys taking into account that Ryan shall be charged with having received a number of the bonds in connection with his flying lessons. All bonds owned by either of the Children, either individually or jointly with Father or Mother, which are earmarked for the Children's education or other needs, shall become the sole and separate property of the Child whose name is on the bond. To the extent that Husband has possession of any of these bonds, he hereby agrees to return the bonds to Wife within ten (10) days of the execution of this Agreement. Additionally, from time to time as may be necessary to give full force and effect to this Paragraph, Husband agrees to execute any and all necessary documents, within ten (10) days of a request by Wife or the Child to do so, to ensure that the Children or Wife have/has full authority to dispose of, transfer, or cash in, the savings bonds referenced in this Paragraph. ~G~/f r Page 10 of24~ TWR The Parties hereto agree that all Bonds listed in Exhibit "B" are earmarked for the Children's education and shall be used and exhausted for that purpose. However, should one child or both children elect not to pursue higher education, Wife shall have the authority to distribute the remaining Bonds to the Children as she deems necessary. (9) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each Party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other Party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401K plans, and the like. The Parties acknowledge that the marital property of the Parties' may include any marital portion of the jointly-held Legg Mason account, account number 360-00771 (hereinafter referred to as "L.M.-l Account"). The L.M.-l Account is jointly owned by the Parties. The value of the L.M.-l Account as of March 31, 2005 was Nine Thousand Six Hundred Eight and 011100 ($9,608.01) Dollars. A copy of the March 31, 2005 L.M.-l Account statement is attached hereto as Exhibit "C" and is incorporated herein by reference. Wife acknowledges that she has been informed of her right to obtain an independent appraisal and/or valuation of the L.M.-l Account and any marital interest she may have therein, and, notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim she might otherwise have in and to the aforesaid L.M.-l Account. Wife shall, within ten (10) days of Husband providing her with any documentation necessary to effectuate this transfer, execute any and all documents necessary to give full GGR (j r \w~ Page 11 of 24;!; TWR force and effect to this Paragraph. Husband shall name Ryan and Eric as 100% beneficiaries of this L.M.-l Account. Husband hereby acknowledges that the marital property of the Parties' may include any marital portion of Wife's individual IRA with Legg Mason, account number 360-70209 (hereinafter referred to as "L.M.-lRA"). The L.M.-IRA is solely in Wife's name. The value of the L.M.-IRA as of March 31, 2005 was Nine Thousand Five Hundred Nineteen and 03/100 ($9,519.03) Dollars. A copy of the March 31, 2005 L.M.-IRA statement is attached hereto as Exhibit "0" and is incorporated herein by reference. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal and/or valuation of the L.M.-IRA and any marital interest he may have therein. Notwithstanding same, Husband agrees that as part of this property settlement he hereby forever waives and relinquishes any right, title interest or claim he might otherwise have in and to the L.M.-lRA. Husband hereby agrees that within ten (10) days ofa request by Wife to do so, Husband shall execute any and all documents necessary to give full force and effect to this Paragraph. The Parties acknowledge that the marital property of the Parties' may include any marital portion of Wife's Legg Mason account number 360-00639 (hereinafter referred to as "L.M.-II Account"). The L.M.-II Account is solely in Wife's name. As of March 31, 2005 the L.M.-II Account balance was Thirty-Nine Thousand Five Hundred Three and 65/100 ($39,503.65) Dollars. A copy of the March 31, 2005 statement for the L.M.-II Account is attached hereto as Exhibit "E" and is incorporated herein by reference. Husband further acknowledges that he has been informed of his right to obtain an independent .GGR //P \I:;::,~L Page 12 of 24M TWR appraisal and/or valuation of the L.M.-II Account and any marital interest he may have therein. Notwithstanding same, Husband agrees that as part of this property settlement he hereby forever waives and relinquishes any right, title interest or claim he might otherwise have in and to the L.M.-II Account. Husband hereby agrees that within ten (10) days of a request by Wife to do so, Husband shall execute any and all documents necessary to give full force and effect to this Paragraph. The Parties hereby acknowledge that the marital property of the Parties' may include any marital portion of Husband's 401K with Royal & Sun Alliance. (hereinafter referred to as "Alliance 401K"). The Alliance 401K is solely in Husband's name. The value of the Alliance 401K as of March 31, 2005 was Thirty-Nine Thousand Eight Hundred Ninety-Six and 88/100 ($39,896.88) Dollars. A copy of Husband's March 31, 2005 Alliance 401 K statement is attached hereto as Exhibit "F" and is incorporated herein by reference. Wife further acknowledges that she has been informed of her right to obtain an independent appraisal and/or valuation of Husband's Alliance 401K and any marital interest she may have therein, and, notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim he might otherwise have in and to Husband's Alliance 401K. Husband shall name Ryan and Eric as 100% beneficiaries of the Alliance 401K. The Parties hereby acknowledge that the marital property of the Parties' may include any marital portion of Husband's Fidelity Rollover IRA, account number 147- 874566 (hereinafter referred to as "Fidelity IRA"). The Fidelity IRA is solely in Husband's name. The value of Husband's Fidelity IRA as of May 31, 2005 was Sixty-One Thousand . GGR (f~ 'JD~ Page 13 of 24;!J TWR Five Hundred Twenty-One and 851100 ($61,521.85) Dollars. A copy of Husband's May 31, 2005 Fidelity IRA statement is attached hereto as Exhibit "0" and is incorporated herein by reference. Wife further acknowledges that she has been informed of her right to obtain an independent appraisal and/or valuation of Husband's Fidelity IRA and any marital interest she may have therein, and, notwithstanding same, Wife hereby forever waives and relinquishes any right, title interest or claim he might otherwise have in and to Husband's Fidelity IRA. Husband shall name Ryan and Eric as 100% beneficiaries of the Fidelity IRA. (10) WAIVER of ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (11) DIVISION OF BANK ACCOUNTS: The Parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. The Parties hereto further acknowledge and agree that any bank accounts established individually by the Parties shall become the sole and separate property of that Party simultaneous with the execution of this Agreement. Additionally, the Parties acknowledge that the Children each have accounts with Member's First Federal Credit Union, with Wife as joint owner thereof. The Parties agree that the Children's accounts shall remain the property of the Children and shall be used for the benefit of the Children. -{4~ ,{/ % Page 14 of242J TWR (12) AFTER-ACQUIRED PROPERTY: Each of the Parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. (13) TAX MATTERS: The Parties have negotiated this Agreement with the understanding and intention to divide their mutual property. The Parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. (14) DEPENDENCY EXEMPTIONS: For so long as Wife is the pnmary custodian, the Parties agree that Wife shall be entitled to claim the deduction for the dependency exemption for the parties minor children under Section 152(e) of the Internal Revenue Code of 1954, as amended. If necessary, Husband agrees that he will sign the Internal Revenue Form 8332 or any other declaration required by the Treasury Department or the Internal Revenue Service to implement this Agreement and agrees to provide such declaration to Husband, within ten (10) days of a request to sign such document. (IS) ARRANGEMENTS FOR COLLEGE/HIGHER EDUCATION: Husband and Wife each agree to provide financial support for their Children's GGR (f /C \\..>-.:I('l(' Page 15 of24H TWR undergraduate college education, provided that (1) such contribution would not create undue financial hardship; (2) each child demonstrates an ability, willingness and desire to pursue and complete a course of study; (3) each of the parents is consulted and permitted to participate in the choice of educational institution and course of study; (4) each child makes all reasonable efforts to obtain grants, scholarships and/or educational loans, in which pursuit both parents shall be actively involved and each parent shall assist the child in applying for said grants, scholarships and/or educational loans; and (5) that the educational bonds referred to in Paragraph 8 above are exhausted prior to seeking financial support from Husband and Wife. To the extent that a college fund, trust or UGMA/UTMA account may exist, such financial resources shall be exhausted before Husband or Wife shall be required to make any contributions. (16) PILOTING/AVIATION LESSONS: The Parties hereto acknowledge and agree to financially support Ryan's desire to continue with his flying lessons. Husband and Wife agree that each will contribute one-third of the cost of Ryan's flight time and review of basics, with Ryan being responsible for one-third of the cost, up to twenty-four (24) flights from the date of this Agreement through September of 2006, at which time Ryan should be in college. (17) ACTIVITIES FEES:Except as otherwise herein provided, the Parties hereto agree to equally divide the cost associated with the Eric's hockey activities. (18) CHILD SUPPORT: The Parties hereto have reached an agreement with regard to Husband's payment of child support to Wife. The fully-executed Stipulation and GGR //Y .~'-\~'- Page 16 of 24H TWR Agreement for Payment of Child Support is attached hereto as Exhibit "H" and IS incorporated herein by reference as if set forth fully herein. (19) LIFE INSURANCE: To the extent that either of the Parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either Party from designating beneficiaries under or encumbering their respective life insurance policies. (20) ATTORNEY'S FEES: Except as otherwise herein provided, each of the Parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (21) ADVICE of COUNSEL: The Parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley, Zucker & Gingrich, LLC, and that Husband, has been independently represented by Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer. Each Party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. GGR // Y ~~~ Page 17 of 24ti TWR (22) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the Parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other Party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (23) INCOME TAX: The Parties hereby acknowledge that have filed joint federal, state, and local income tax returns for the year of 2004 and have divided their 2004 income tax return to their mutual satisfaction. The Parties hereto agree to file separate returns for all ongoing years, specifically including 2005 and 2006. Husband shall have the right to claim the interest paid on the mortgage for the marital residence from January I, 2005 until August 31, 2005 as a deduction on his 2005 income tax return. Wife shall claim the interest from September 1, 2005 and thereafter. (24) BANKRUPTCY: The Parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other Party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the Parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (25) COMPLETE DISCLOSURE: Each of the Parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not ~~(fe Page 18 of24ti TWR limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the narne of one Party alone or in the name of one of the Parties and another individual or individuals. Each Party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and other than provided herein, the Parties do not wish to make or append hereto any further enumeration or statement. Specifically, other than already provided, each Party waives the need for copies of additional bank statements, insurance policies, retirement plan statements or any other documentation. Each Party warrants that he or she is not aware of any marital asset, which is not identified in this Agreement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the Parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other Party or his or her heirs, executors, administrators or assigns in any action of contention, direct or GGR fir \W~ Page 19 of 24:&.:> TWR indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available to him or her full, proper and independent representation by legal counsel. (26) WAIVER of APPRAISALS: The Parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, and 401K's and IRA's, some or all of which were acquired during the marriage and therefore constitute marital property. However, the Parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (27) RIGHTS and RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (28) FULL SETTLEMENT: Except as herein otherwise provided, each Party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the Parties hereto that each Party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said Party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any GGR I!f / ~R.( Page 20 of 24:&; TWR other claims of the Party, including all claims which have been raised or may be raised in an action for Divorce. (29) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor ofthe estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. It is further specifically understood and agreed by and between the Parties hereto, that each Party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said Parties' rights against the other for any past, present and future claims on account of support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other GGR pi / jfP ~~'-' Page 21 of 24;g TWR claims of each party, including all claims raised by them in any future Divorce action between the Parties. (30) SEPARABILITY of PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. (31) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (32) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. (33) BREACH: It is expressly stipulated that in the event that either Party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and GGR/ff \G..::l Page 22 of 24;'; TWR counsel fees of the other Party. In the event of breach, the other 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. (34) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the Parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (35) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: --------- \ C>-J~Wffi?an\") ;l\-..:,,-,~ Q '-~ Tammy . lams Rutz Mictf:~1cESqUire Attorney for Husband ,~~ Gay('~o d,i'utz .~R (ff \G2>~ Page 23 of 24;g TWR U') o o N ...J a::: c.... <J: f-- Z w ~ w 8 U) z <J: o ...J W ~ o I QUP Washington Mutual HOMELOANS Customer Service: Toll free 1.866.926.8937 Se habla espanal TOO: Dial 7-1-1 for relay assistance For a refinance or Eurcnase loan, call 1.866.888.5935 www.WaMuHome oans.cOIn #8WNCLNN #1984249110930592# 205285901 ATO.292 .-AUTO T60905817055-5798 2 MA1 1...111...111..,.1.1..1.1.,1.1,1...11,1.,1"1,1...1,.11,,,11,1 GARY G RUTZ TAMMYWRUTZ 1173 FLEMING DR MECHANICS8URG PA 17055-S798 I Your Next Payment Next Payment Due: Principal and Interest: Escrow: Current Payment: Total Amount Due:* , $ $ $' <C": May 01, 2005 745.24 550.04 1.295.28 1,295~ 20528590072261 Page 1 of4 Home Loan Statement April 2005 Statement Date: Activity Since: Your Loan Number: April 19, 2005 March 12, 2005 8424110305 Important Messages '" To avoid a late charge of $37.26, we must receive your payment of principal, interest, and any escrow deposits and/or past-due payments by 05/16/05 during our business hours. If this date falls on a weekend or holiday, your payment must be received by the next business day. Please see the reverse side for Recent Account Activity. II Washington Mutual HOME LOANS GARY G RUTZ TAMMYWRUTZ Loan Number: Statement Date: lSO-B I Your Property and Loan Information Property Address: 1173 FLEMING DR MECHANICSBURG PA 17055 $ 117,228.51 6.12500% 3.625.62 Principal Balance; Interest Rate: Escrow Balance: $ 8424110305 Ap6119, 200S o o Please write your loan number on your check. Make check payable to Washington Mutual. Please check here jf change of address or telephone number is indicated on the reverse side of this form. Did You Know? Help protect what matters most to you - your family and home. Eventually your home's systems and appliances are going to break down due to normal wear and tear. For more information on how to protect your budget against covered breakdowns,-pleasetaka a look at the enclosed home warranty offer. In the meantime, if you'd like mere information about this program, including costs, limitations and conditions, please call 1-866-427-2976. Year to Date Account Activity Principal Paid: Interest Paid: Property Taxes Paid: Insurance Paid: $ $ $ $ 580.13 2,400.83 913.57 0.00 1"1.1".11"1.11"1.,,11.11...11,,,,,1,1.,.11,,1,1,,,111..1.1 WASHINGTON MUTUAL PO 80X 830021 BALTIMORE MD 21283-0021 1"1,1.,111,1,,11,11,11,1,1,11,11,,,111..,.11111,,',.1'11,1,1111.,1,.111 eJ-:'t..- /"" Washington Mutual Bank 150..mi_ 1il Please allow 7-10 days for postal delivery. Payment Due Date: May 01, 2005 Current Payment: $ 1,295.28 Total Amount Due; $ 1,295.28 If Received After: May 16, 2005 Total Amount Plus Late Charges: $ 1,332.54 Making Your Payment Please write in any additional funds that you may be including with your payment. If you include additional funds and do not indicate how to apply them, we will apply them first to applicable advances, then to any fees due and then to principal. Late Charges Additional Principal Additional Escrow Future Payments + + + + Total Amount Endosed = 0000000 0000000 0000000 8424110305 0129528 0003726 0129528 9 QUPj Washington Mutual HOME lOANS Making Your Monthly Payments . By mail: Mail your check, along with the bottom portion of this statement, in the enclosed envelope. By sending your check. Y9u are authorizing Washington Mutual to use information on your check to make a one-time electronic debit from your account at the financial institution indicated on your check. This electronic debit will be for the exact amount of your check. Your check will not be returned to your financial institution. Please contact Customer Service toll free at 1.866.926.8937 to establish a different payment option if you prefer not to have your check used in this way. . In person: Drop off your payment at any Washington Mutual financial center. . Automatic paymenh: Make payments automatically from your checking or savings account with our easy and convenien't Auto Pay service - just call us toll free at 1.866.926.8937 to ~et up a payment schedule. , . Payment by phone: Set up a one-time withdrawal from a checking or savings account on a date specified by you. A fee will be assessed for this type of transfer. Call us toll free at 1.866.926.8937 to make a payment by phone. . Rush/overnight delivery: If you need to submit your check vi a overnight delivery, please use the following address: Overnight Payment: Washington Mutual Bank 1820 E Sky Harbor Circle South Phoenix, AZ 85034-9700 Recent Account Activity Date Description 04/05 T aJ( Disbursement 04118 Payment Total Amount .$913.57 $1.295.28 Principal $146.14 2D52859 0072261 Page2 of4 Have Questions? Need Mailing Addresses? At Washington Mutual, customer service is our top priority. If you have general guestions about your loan, please call our Customer Service Department toll free at 1.866.926.8937; se habla espanol or write to us at the. Customer Service lnguiriesu address noted below. TOO: Dial 7-1-1 for relay assistance. (Calls received by our Customer Service Department may be monitored. for training purposes.) Please use the addresses below for other payment or correspondence needs. Collections (letters Only): Washington Mutual Bank P.O. Box 44118 Jacksonville, FL 32231-4118 Fax: (800) 246-4601 Overnight Payoffs: Washington Mutual Bank CaShiering Dept. - Payoffs 11200 W. Parkland Ave. Suite 150 Milwaukee, WI 53224 Real Estate Tax Bills: Insurance Policies, Binders, etc.: Washington Mutual Bank Washington Mutual Bank c/o First American RE Tax Service P.O. Box 11031 P.O. Box 569779 Orange, CA 92856-8131 Dallas, TX 75356-9779 Fax: (714) 973.3301 Loss Draft: Washington Mutual Bank P.o. Box 100565 Florence, SC 29501 Fax, (843) 673-3923 Customer Service Inquiries: Washington Mutual Bank P.o. Box3139 Milwaukee, WI 53201-3139 Fax: (414) 359-5281 Payment without a Coupon: Washington Mutual PO Box 830021 Baltimore MO 21283-0021 We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Interest Escrow .$913.57 $550.04 Optional Unapplied Other Feesl Products Funds/Subsidies Late Charges $599.10 Has your mailing address or phone number changed? If so, please update your information online at www.WaMuHomeLoans.com. where you can also view your recent account activity. Alternatively, you may check the box on the front of this payment coupon and fill in the correct information below. Street Address: ;;;;;;;;;;;;;;; ......... ;;;;;;;;;;;;;;; - ;;;;;;;;;;;;;;; - - ....... ;;;;;;;;;;;;;;; - ......... ;;;;;;;;;;;;;;; - === ---- = ......... = ......... ---- ......... City: Home Phone: E-mail Address: State: Zip: Business Phone: Name (please print): Name (please print): Borrower Signature: Borrower Signature: BONDS Serial Number Face Amount Issued To Date Issued X1888205EE $10,000.00 Tammy or Gary 07/90 X1888206EE $10,000.00 Tammy or Gary 07/90 M41168687EE $1,000.00 Tammy or Gary 07/90 M41168686EE $1,000.00 Tammy or Gary 07/90 M41168690EE $1,000.00 Tammy or Gary 07/90 M41168689EE $1,000.00 Tammy or Gary 07/90 M41168685EE $1,000.00 Tammy or Gary 07/90 M41168684EE $1,000.00 Tammy or Gary 07/90 M41168683EE $1,000.00 Tammy or Gary 07/90 M41168674EE $1,000.00 Tammy or Gary 07/90 M41168673EE $1,000.00 Tammy or Gary 07/90 M41168675EE $1,000.00 Tammy or Gary 07/90 Dl4479313EE $500.00 Eric or Tammy 03/89 R36844463EE $200.00 Eric or Tammy 03/88 R67857463EE $200.00 Tammy or Gary 07/90 R67857464EE $200.00 Tammy or Gary 07/90 R57343309EE $200.00 Gary or Ryan 02/90 R57343310EE $200.00 Gary or Eric 03/90 C133569610EE $100.00 Ryan or Tammy 02/88 C211792964EE $100.00 Tammy or Gary 07/90 K95461573EE $75.00 Tammy or Gary 07/90 LEGG MASON Account Statement Legg Mason Wood Walker, Incorporated Member New York Stock Exchange, Inc./Member SIPC Page: 1 Account: F.A.: 360-00771 GM4 March 31,2005 Last Statement February 28, 2005 TAMMY W RUTZ & GARY G RUTZ 1173 FLEMING DRIVE MECMANICSBURG PA 17055-5798 o '" .. .... V> GREG L MCMULLEN LEGG MASON WOOD WALKER INC 419 STONEHEDGE DRIVE SUITE 1 CARLISLE PA 17013-9128 (717) 258-4363 (800) 348-1776 1...11/".111""1,1.,1,1"1,1.1,,,11.1,,1.,1,1,,,1.,11",11,1 Cash Balance Equities 87.51 9,520.50 Other Income Cash in Lieu ";rI\!w"wl\mli)',",,,,'''''''''' ......,...........___n.n............. This Month Year to Date 0.00 0.00 1.13 1.13 This Statement Last Statement 9,608.01 8,807.51 Other Distributions 0.00 1.13 You may have purchased mutual funds, annuities, limited partnerships or other investments which are not reported as positions on this statement. If so, you will receive periodic statements directly from the fund, insurance company or partnership. Opening Balance Gosing Balance Cash 87.51 87.51 Securities prices used in your portfolio summary are obtained from outside services and their accuracy cannot be guaranteed. These values are provided as a general guide but in some cases may not reflect the actual market price. If an exact price is needed, contact your Financial Advisor. Equities Quantity 500 Description Price Market Value -- Estimated -- Annual Current Income Yield ...GLOBALSTAR TELECOMMUNICATIONS LTD ...LORAL SPACE & COMMUNICATION LTD RITE AID CORP TIME WARNER INC NEW Market Value of Equities 100.0% of Portfolio .007 *3.50 100 .22 22.00 1.600 180 3.96 17.55 6.336.00 3.159.00 $9,520.50 Tenancy Instructions Joint Tenants with Rights of Survivorship. Statement Continned on Reverse Side See Enclosed Brokerage Account Statement Disclosure For Important Information 'C001 016475 274 29,272ZBA 11 04101/05;0421 LEGG MASON Page: 2 Account: 360-00771 F.A.: GM4 March 31, 2005 TAMMY W RUTZ & GARY G RUTZ Delivery Instructions Securities in your account v.ill be held by Legg Mason for your benefit. Cash balances will be held in your account. . _ _ __ _ __ __ _ __ _ __ __ _ __ _ __ __ __ _ _ End of Statement For Accoont 360-00771 - - - - - - - - - -- - -- - - - - - - - - - - -- -- -' .MCOO1 274 29,273ZBA 1104101105;04:21 ~ LEGG MASON Account Statement Legg Mason Wood Walker, Incorporated Member New Yorlc Stock Exchange, /nc.lMemberSIPC ~ Page: 1 Account: F.A.: 360-70209 GM4 March 31, 2005 Last Statement February 28, 2005 LMWW CUSTooIAN FBO TAMMY W RUTZ lNOIVIOUAL IRA 1173 FLEMING DRIVE MECHANICSBURG PA 17055-5798 o ~ .. .. " .. GREG L MCMULLEN LEGG MASON WOOD WALKER INC 419 STONEHEOGE DRIVE SUITE 1 CARLISLE PA 17013-9128 (717) 258-4363 (800) 348-1776 1,"111",111.",1,1"1,'"1,'.1,,,11.1,,1.,1,1,"1,,11,,,11,1 ;ml!I!:II';!!I~~~i!~~~;:llll;l;I~II~j!illli::!;!;:mlm:::;;:;;;;;:;; Cash Balance Mutual Funds 59.47 9,459.56 Other Income Credit Interest ::~~E(m;Qm!!;;;;;:;;";;:;';;"" ............".........-------.----.------,. This Month Year to Date 0.10 0.10 0.25 0.25 This Statement Last Statement 9,519.03 9,905.97 You may have purchased mutual funds, annuities, limited partnerships or other investments which are not reported as positions on this statement. If so, you will receive periodic statements directly from the fund, insurance company or partnership. Opening Balance Closing Balance Cash 59.37 59.47 Date Transaction Quantity Description Price Amount 03/31 INTEREST INTEREST ON CREDIT BALANCE AT 1.7907. 02/26 THRU 03/30 $.10 Securities prices used in your portfolio summary are obtained from outside services and their accuracy cannot be guaranteed. These values are provided as a general guide but in some cases may not reflect the actual market price. If an exact price is needed, contact your Fi~nciat Advisor. Mutual Funds (Mutual fund share balances may not reflect recent activity.) Quantity Description Price Market Value -- Estimated -- Annual Current Income Yield 304.754 **HARTFORO MUTUAL FUNDS INC CAPITAL APPRECIATION FUND CL B Market Value of Mutual Funds lOO.O% of Portfolio 31.04 $9,459.56 $9,459.56 Statement Continued on Reverse Side See Enclosed Brokerage Account Statement Disclosure For Important Information IC001 016476 274 29,274ZBA 11 04/01/05;0421 LEGG MASON Page: 2 Account: 360-70209 F.A.: GtI4 March 31, 2005 LI1HW CUSTOOIAN FBO T AHHY H RUTZ Investment Objectives Investment objectives for your account are shown below. If you have any questions concerning these objectives, or wish to change them, please contact your Financial Advisor. 1. Long term growth 2. Preservation of capital 3. Short term growth Delivery Instructions Securities in your account will be held by Legg Mason for your benefit. Cash balances will be held in your account. Primary Beneficiary GARY G RUTZ RYAN EDWARO RUTZ ERIC GORDON RUTZ 100Y. Secondary Beneficiaries SOY. SOY. The beneficiary designation contained in our records is reflected above. If this information is incorrect. please notify your Financial Advisor. IRA WITHHOLDING NOTICE INFORMATION Generally, Legg Mason must withhold federal tax from payments made from IRAs. Unless you elect otherwise, 10% federal income tax will be withheld from payments from your Individual Retirement Account(s). You may instruct Legg Mason, in writing, to not withhold state or federal tax from your payments or to revoke or modify current elections. If you do not notify your financial advisor your current withholding elections will remain in effect for any subsequent distributions. . - ---- - -------- - --------- - - - -- End of Statement For Account 360-70209 - - -- - -- -- - - - -- - -- - - - - - -- -- - - - . .MCO01 274 29,275ZBA 11 04J01105; 0421 LEGG MASON Account Statement Legg Mason Wood Walker. Incorporated Member New York Stock Exchange, Inc.IMember SIPC Page: 1 Account: F.A.: 360-00639 GM4 ACCOUNT OWNERSHIP VERIFICATION TAMMY W RUTZ 1173 FLEMING DR MECHANICSBURG PA 17055-5798 We are required to reconfirm key information about you and your account on a periodic b~lSis. To ensure that you and your Financial Advisor have a mutual understanding of your financial position and the objectives of your ;.lecount. please review the information below. If any information is missing or is incorrect, please complete/correct tHe information and return to your Financial Advisor. First Name: Middle Name: Last Name: Role: Residence Address: City: StatelZI P: Country: Telephone Number: Employment Status: Occupation: NASD Insider Status: Birth Date; TAX ID Number: TAMHY W RUTZ PRIMARY HOME 791-9747 On FilII On File The financial information below for joint accounts may be combined. All numbers refer to thousands, c.g. 25-50 represents 525,000-50,000. Approximate Income: Less then $25 l{ 25-50 50-75 _ 75-100 100-250 250-500 500-1,000 _ Over 1,000 Undisclosed Approximate Net Worth: Less than $50 50-100 11 100-250 250-500 _ 500-1,000 _ 1,000-5,000 Over 5,000 Undisclosed Approximate Liquid Net Less than $50 _ 50-100 l{ 100-250 250-500 _ 500-1,000 _ 1,000-5,000 Worth: Over 5,000 Undisclosed Please review the following information to confirm that your investment objectives for this account arc 41pproprjatcly identified and in the correct order, _ PRFSERV ATION OF CAPITAL; Emphasis on preserving the current value of funds invested. _ TAX FAVORED: Emphasis on generating income while minimizing taxes. 1 INCOME; Emphasis on generating current income. 2 INCOME & GROWTH: Emphasis on investments that may appreciate in value over time while also generating current income, 1 LONG TERM GROWTH: Emphasis on investments that may appreciate in value over time, _ SHORT TERM GROWfH: Emphasis on investments that may appreciate in value in the near term. _ SPECULATION: Emphasis on investments that carry significant risk but may offer the opportunity for grcater potential gain, _MeaD1 Please send updates of tbis information to tbe following address: GREG L MCHULLEN LEGG MASON WOOD WALKER INC 419 STONEMEDGE DRIVE SUITE 1 CARLISLE PA 17013-9128 274 525,941 ZBA 11 04/01105;04:21 LEGG MASON P~~~~D Account Statement Legg Mason Wood Walker, Incorporated Member New YorK Stock Exchange, Inc./Member SIPC I'age: 1 Account: F.A.: 360-00639 GM4 March 31, 2005 Last Statement February 28, 2005 TAMMY W RUTZ 1173 FLEMING DR MECMANICSBURG PA 17055-5798 '" ~ ~ '" '" GREG L MCMULLEN LEGG MASON WOOD WALKER INC 419 STDNEHEDGE DRIVE SUITE 1 CARLISLE PA 17013-9128 (717) 258-4363 t8001 348-1776 '.../"...111.,..1.1,.1.'..1.1.'...11.1..1.,1.1..,'..11..,'1.1 Cash Balance 2,885.53 This Month Year to Date Equities 1,903.12 Other Income Mutual Funds 34,715.00 Credit Interest 1.50 1.66 67.79 315.09 69.29 316.75 This Statement 39,503.65 Taxable Income 69.29 316.75 Last Statement 40J479.S2 Y Oll may have purchased mutual funds, annuities, limited partnerships or other investments which are not reported as positions on this statement. If so, you wilLreceive periodic statements directly from the fund, insurance company or partnership. Opening Balance Oosing Balance Cash 71. 70 2,885.53 Date Transaction Quantity Description Price Amount 03/01 YOU SOLD 5.609- MMAMERICAN BALANCED FD INC 17.83 $100.00 CL B SHS UNSOLICITED TRADE MADE ON PRINCIPAL BASIS 03/02 YOU SoLD 16.741- "AMERICAN BALANCED FD INC 17.92 300.00 CL B SHS SYSTEMATIC WITMDRAWALS 3600063915 AS OF 02/25/05 TRADE MADE ON PRINCIPAL BASIS 03/18 REDEMPTION 1,009.099- UIT FIRST TRUST "422-S 2.4225 2,444.54 5 YEAR TECHNOLOGY PDRTF "12 5YR SEMI REINVESTMENT ISSUE REDEEMED FOR CASH TRADE MADE BY US AS YOUR AGENT Statement Continued on Reverse Side See Enclosed Brokerage Account Statement Disclosure For ImlJOrtant Information ,MeDD1 18tt68 274 525,938ZBA 1104/0'105;04:21 LEGG MASON P~~~~D Page: 2 Account: 360-00639 F.A.: GM4 March 31, 2005 TAMMV W RUTZ Date Transaction Quantity Description Price Amount 03/30 YOU SOLD 17.143- <<AMERICAN BALANCED FD INC CL B SHS SVSTEMATIC WITHDRAWALS 3600063915 TRADE MADE ON PRINCIPAL BASIS 17.50 $300.00 Date Transaction Quantity Description Price Amount 03/21 DIVIDEND un FIRST TRUST "422-S $6.05 5 VEAR TECHNOLOGV PORTF "12 5VR SEMI REINVESTMENT INTEREST ON UNIT TERMINATION 03/24 DIVIDEND <<DELAWARE GROUP DELCHESTER 61. 74 FUND-CL A RECORD 03/22/05 PAY 03/22/05 03/31 INTEREST INTEREST ON CREOIT BALANCE 1.50 AT 1.790% 02/26 THRU 03/30 Date Transaction Quantity Description Price Amount 03/02 CHECK CK " AF71225460 CLIENT REQUEST $400.00- Securities prices used in your portfolio summary are obtained from outside services and their accuracy cannot be guaranteed. These values are provided as a general guide but in some cases may not reflect the actual market price. If an exact price is needed, contact your Financial Advisor. Equities Quantity 236.413 Description Price Market Value u Estimated -- Annual Current Income Yield GERMANV FUND INC 8.05 $1. 903 12 $15.13 $15.13 0.7% 0.7% Market Value of Equities 5.2% of Portfolio $1,903.12 Mutual Funds (Mutual fund share balances may not reflect recent activity.) Quantity Description Price Market Value -- Estimated -- Annual Current Income Yield 1.367.625 <<AMERICAN BALANCED FO INC CL B SHS 17.61 $24,083.88 $320.02 1.3% Statement Continned on Next Page LMC001 274 525,939ZBA 11 04/01/05;04:21 LEGG MASON P~~~~D Account Statement Legg Mason Wood Walker;. Incorporated Member New York stock Exchllnge, Inc.!Member SIPC Page: 3 Account: F.A.: 360-00639 GM4 March 31, 2005 TAMMY W RUTZ Mutual Funds (Mutual fund share balances may not reflect recent activity.) Quantity 3.211.820 Description Price Market Value ~. Estimated -- Annual Current Income Yield __DELAWARE GROUP DELCHESTER FUND-CL A Market Value of Mutual Fuuds 94.8% of Portfolio 3.31 10.631.12 847.92 7.9% $34,715.00 $1,167.94 3.3% Investment Objectives Investment objectives for your account are shown below. If you have any questions concerning these objectives, or wish to change them, please contact your Financial Advisor. 1. Long term growth Delivery Instructions Securities in your account will be held by Legg Mason for your benefit. Cash balances will be held in your account. Dividends and interest from your portfolio will be held in your account. 2. Income & growth 3, Income . - - - - - - - -- - - . - - - - - - - -- - - -- - - - - End of Statement For Acconnt 360-00639 -- - - - - -- - - - -- - -- - - - _ _ _ - _ - _ _ _ _ . .MC001 274 525,940ZBA 11 04/01105;04:21 401(k) Account Retirement Savings Statement January 1, 2005 . March 31. 2005 Et.lVlIOP012987 OP 93810 T Ii" Customer Service Number 1.800-835-5095 Internet Address: www.401k.com Representatives are available from 8:30 am to 8:00 pm any business day. Your Asset Allocation $39,896.88 $325.84 . Stocks 53% D Short.Term 47% $40,199,02 .302.14 $39,896.88 ~O.8% ;q.8% ~dWitH'.'~ti~.e-V\'~ight~d Q...~~lc~late.investment trnentselectians as :::]"h~r~arf3pther y yield different IS 110 9.uarantee of future, Your investments are currently allocated among the displayed asset classes. Percentages and totals may not be exact due to rounding. ccount Jnatyofyour accoun~ for the statementperibd;in both shares and dollar". Price on Price on 12/31/2004 03/31/2005 Market Value on 12/31/2004 Market Value on 03/31/2005 C'>:':'_"':":" ;;"."'-"',i,-:':' price of the fund, so a decrease in the share price for the statement Pleas9readt~isstatement carefully. Any error must be reported to Fidelity Investments within 90 days. 12987 OP012987 0001 20050407 OP4K Fidelity Investments, P.O. Box 770003, Cincinnati, OH 45277-0065 Page 1 of 4 Royal & SunAlliance 401 (k) Account Statement Period: 01/01/2005 to 03/31/2(05 Your Contribution Elections as of 04/07/2005 This:,$Elction displ~y~tfie1unds in which your future contributions will be invested. Investment Fid Equity Income Fidelity Retire Mmkt Total Percent 50% 50% 100% nt Activity SLlmm.;uy of transactions that Clccurtedinyouraceount during the statement period. Fid Ii ui Income $21,510.01 -399.76 $21,110.25 Fidelity Retire Mmkt $18,689.01 97.62 $18,786.63 $97.62 Total $40,199.02 -302.14 $39,896.88 $325.84 04/07/2005 6t your benefits office. Terminated OS/21/1999 Employee Number 0% 0% Pre-Tax Supplemental After-Tax Supplemental {}, please ~reftiJly'con~ideriheJnvestfij$ntobiepyve$, ri$ks,cfrafrJ~s.anci.exf!l!nses; Fo{tb~t(~fJd9tiJ8f eemutaalfulld or variableBnnuityprospectlJs,'R(!8f:/ ltC/3,rlJfl.!IJyli8/oreyou invest :the timeperio1S$ho\y1'l below: $:~Jn~meJQirlg:Jna.~~s.j.in"olv~...~r~:iterMs~.an~.'~~.;qff~r.€lr PQ:~n~IretlJrns than' .U;!?' jTlveStrnEJhts..T~i~ '~n~f~if'lti~s'offor9ign.colJntrie~..~s.w.en..~.$th~.Jil?~pt<;lJrr 'dtuation. ~grea.t~r risk of default or price changes due to pClWl1ualch ..9sinthecredUquality of the iSfiUer. ~.equri~i~s~~s:4I:ljEK:;t. to.prepa.ymsntrisk;w:hich can Iirnitthe potentiaJforgain :duril1g a d991111il1g in~r~sttateenvirotunEmt for.lo.ssin a rtsing interest rate environment. "~:~c.a.~~e,:of.t.. ". . ..... '. ffiw:focus, s~ctorfunds maybe more volatile th.ln funds that diversify across many S€lctors. ~Jnve:stT~~~'ln'.$l1'1aJlercompanies may involve greater risks than those in larger. more well known companies. 12987 OP012987 0001 20050407 OP4K Fidelity Investments. P.O. Box 770003, Cincinnati, OH 45277.0065 Page 2 of 4 R,byal & GunAlliance 401 (k) Account Statement Period: 01/01/2005 to 03/31/2005 FlJndPerformance (continued) Totill}E:ltyro~'*~~~i$t9tical~n~~ric:[UCfElthechC1J1ge,in?hClJ'evalu~andJeirlveStrnl:lnJofCfividends and 93pital 9iiifl distributions, if any. Cumulative retums:~re rted asotthap~rio,Cfsshown~lJfe of fund figur~~arefrorTll;Ommencementdate to the period shown. Due to regulatory requirements the a ~ f:~tumsClre fl3portEJd~spfthell1os,~recentcalenda_rquarter for the periocisshown _ and are calcula,ted using a standard fa hflqtjp9_It1cieJfl~~ff~c:t S'fsa;lG:scha,rges,ifa,ny,asthese charges_ar~waivecUor c:()fltributionsmadethrou9ry your company's em If~-~lEl~_?ha~?~$,^,~reincJuciect.teturn$would have bean lower.E~achfufld's shar~ price (except money market funds), yield, an, YQllrnay:h~veagain orJosswhenyou sell your shares. For fundsnolongeroff€lredthrough your plan, short-term trading fee our ace Me E'uit Eq Fi 10 Fi I N a Pe 9pracY.~n ma'6k$:i;:;'\};:kj1.;.'<<,,' ,:,., ..'.'. . Baron Asset Fund (93682) Fid Blue Chip Growth (OO312) Fid Equity Income (00023)' Spartan In!llndex (00399) Spartan US Eq Index (00650) Templeton Foreign A (99500) Vang r Adm (45377) Vang p Adm (45378) M's"': M dex S& x Cumulative % Annual Total Return % Average Annual Total Return % as of 03/31/2005 Inception 3 Moiith YrD 2004 2003 2002 1 Year 3 Year 5 Year 10 Year Life Date -',;" ,. .." ..,,,,. "".":,:,:-:.',:'.",:,,,:,,:",'. .0.61 .0.61 27.13 27.34 -19.99 17.33 6.68 1.04 10.92 13.05 ()6/12J1987 .3.98 .3.98 6.26 24.80 .25.32 1.04 .1.26 .7.67 7.86 12.40 12131/1987 .1.86 .1.86 11.29 29.96 .17.16 7.34 4.27 4.42 10.97 13.05 05/16/1966 _0.41 -0.41 19.86 38.34 .15.99 14.30 11.14 .1.53 N/A 5.04 11/05/1997 -2.17 -2.17 10.73 28.50 .22.21 6.58 2.61 .3.29 10.60 11.54 02/17/1988 .0.24 .0.24 18.14 30.51 -8.64 t3.27 10.32 5.72 8.68 13.31 10/05/1982 .3.11 .3.11 13.92 44.45 .24.50 5.05 5.90 N1A N/A 9.29 11/12/2001 -3.88 "3.88 18.47 37.96 -24.47 8.24 5.38 N/A N/A 7.52 11/12/2001 -0.15 .0.15 2Q.42 38.97 .15.74 15.22 11.88 .0.94 5.59 N/A -2.15 -2.15 10.88 28.69 -22.10 6.69 2.75 .3.16 10.79 N/A 0.52 2.57 3.97 4.63 12102/1988 1.07 0.89 1.57 1.40 1.21 B FUQd'W<1sf()rlT1er!ykno",fl.as~qrg Stan DWhlstitutional Equity Growth BFund. Morg Stanlhstitutianal y known as Morg Stan DW Institutional Equity Growth B Fund. ~p()rt,i()nl:)f Sp~rtan,lnt~rnatiorlClllndex Fund's expenses, Absent such reirnbursement, returns would have been a portiOn qfSpal1Eul U:'S.f::quitylndex Fund's expel"lses:'AbsenlsuchreirrtbiJrsement;,retums wauldhavebeen we:ll1~nClgedbynon-Fidelity entitie,s,PI~se c?nsultthe prospectus for more i~formation:: If h~ult yaw plan dppumantation far thaspecific class ofsharesavCiilable through your plan. funds and other investments was provided by a third-party: Although data is carefully verified, ed. flsur~darguaranteed by the FDIC ar any government agency. Although, money market funds seek to p~rshare,it is .po$:sible to lose money by investing in this. fund. Far FideJity Retirement Money Market a.tcIl3J;2oqSis2A3%. tematipnalEurape, Australasia, and 'Far East, lndElx) is anunm<lnaged lndex and includes the fit tI1~ p~rf()rrT1~n<;eof (jevelaped stock markl3tsoutside the United States and Canada. The MSCI I)Stan[~y.an(jha:sbeen licensed far llsebyfMRCorpc MCBraW"+IULCompanies, Inc., andhas basr:rlicensed for use by FidelityDistributors Corporation g~qinCfex of flOg U.S. common stocks. iSCi.~unrnana:gedmarket value-walghtedindex for fnvestment-grade fixed-rate debt issues, including f:t9age-backed sec.urities with maturities of at least one year. Pany, Inc, 82 Devonshire Street Boston, MA02109 12987 OP012987 0001 20050407 OP4K Fidelity Investments. P.O. Box 770003, Cincinna1i, OH 45277-0065 Page 3 of 4 Royal & SunAlliance 401 (k) Account Statement Period: 01/01/2005 to 03/31/2n05 Your Statement Glossary eturn ^ E(~J~~turn.thatiftheiflvestment optic:m achi1ived if over a year's time, would produce the same cumulative total tionpi?rformedconsistently over the entire perioct A tota! return is expressed in a percentage and tells you how earned.or lost over time, assuming that all dividends and capital gains are reinvested. !he.fluctl.Ja~ons inth(Jprice pe,rs~are oftl1~invesbnent option because of changes in their underlying Q~.~hQrtteiO'linvestments).ln the Account SUmmary section of your statement, this number is the total of all Str'i'l9ptS due to these types of fluctuations~ >>.<v~$tr!l~nt'sa,Btual performance fOf(i certain period of time. Aletal return is expressed in a percentage and tells you sn~have' 9arnedor l(jstonan inv~stmentover time, assumingJhat all dividends and capital gains are reinvested. ~:Q~; ofy~~(plan,~r~udingrrll.1tual flJ~.~.sand C(lmp~ny .stock (if applicable), dividends are money paid to shareholders M\f~~tr;r1licl)tincomethatthefund has>earned, Qapending.on the rules of your plan, dividends on company stock maybe etirement .account Qf' paid to you in cash. 1.I~rv:3N~ol th~(nVe,stmentsin your account. You can calculate the market value by using the following formula: $,rof$haresjn your account x. Price' per share ofttie fund. Ullitsofowne,rlihip of each investment.in your account. '~~t~.9f.:~~tJ.inv~~tnWrltil1your ~cc.()untls r;a1led shareprjce~ It is determined by taking the total value of the whole ori a given day and dividing il by the number of shares outstanding. (9~,..~rsH.ip:jl'lcOmpanyc()ntributions and any ass()ciated earnings, When the company contributes .moneyto ~t'~cco;u~~::Underyourname, This moneyb~com9SfuUy yours onCEi you have satisfied the vesting requirements sentitllldta 100% of y<lurcontributions and any associated earnings. ca,nCldcJ s~ility toyourportf?lioc . They and.s~~ktopr;esetve the value of your tl;ll)dto p[()vide the lowestretums over esincludecerti~cates of deposit (CDs), Money Market Instruments. formation about other sections in your account statement Market Indices I)', ~~r-k~tJhd,ex.c~I)~~.sl.l(e the general trenct~. irj theperforrnabpeof PartICHI,l:U"~rk~~seQrnents, . Youqan USe~e appropriat8I11a~tin<iex tocoI'l1P~rethe'pe1'fO(mahce (Average Annual Retum} of the 'opticlnsil) which you'reinveste& . Sta Poor's 500 QOinc()rpor~t~sa broad base of 5Q9stock$,jn~lu~ing utility,.andfinancial compa,nies. ..Some 01 its' stocks hCllJ~.a .' ,. . ~ illflqence on the dir,ectiof)()f the market The S&psqo calculation takes this into account by giving greater w.eight.tothesestocks. . The companies t~atm~keupthe$&P 590ar~!.tf~ciecfontheArTlerican. anI:! NewyprkStock ~){ch~9~S, a~wen.as the()ver-The-Cgunter~chang.e~: . Lehman Bros. Aggregate Bond Index This,trysasuresthe tQtaJr~tum of O';l9t6,OOt? high.qui\litybond iss1l9s...,ir'lc1Ucfing :gi)vernmentcorporCite. an~ mortgage sectors. Bpnds'lnthis price~weighted index have an averClge matu~t,. af 1.~yeflfs. . Morgan Stanley EAFE Index The MSCI EAFE Index (Morgan Stanley Capitallnlernational l:iJ ope.l(ustrafasia~.and Far Eas.t; Inde)()Js arunrnanC:iged ind. .. incllHiesti19. reitwestrrtent qfdivipends~ Itisdesigned to., l?9nt th~ performance of dev~lopecj st()ck marJ<,etg; outs the United States and Canada. The MSCI EAFE Index is a r-egistered service mark of Morgan Stanley and has been licensed for use by FMR Corp. ortlolio. They Slocks have the Ot;;.9\(EU..th~Jpl)g. fluctuations. over 12987 OP012987 0001 20050407 OP4K FicJelity Investments, P.O. Box 770003, Cincinnati, OH 45277-0065 Page 4 of 4 UII[IIWllll~IUWWWWlmU[I[IIUI~IIL------ 15/22/2005 14:12 _ 71 7~'35755 OES - ,,--' ._" ~ ' "-~ ~. 21, 200S (1'\JE) 09,0. RITE ....1 D 1\ 19155942 nOE. ~/a \ \ \ ~~ ~ ~m~ U ~ c;\ 1\ lr< - ii}. In. ~ .;: ~~ ... '" " <0'" 1; ~ o~ .. .- \~. '" .. ~ '" ~. ~ ~ 8 r ~ 1;& 11. ~ \ 'iil :;;. ;~ ~ 't: a 0 '" \-" ~ 10 \ , 0 Q: ~ <.) \ ~~ .'!! - ~ ii ~ ! ~ , ~ .... \ "t" to_ '6. "u ~ ....'" \it '" ~.. .; iz -g .s ~ ~~! ~ - ~ ~t \ ~s <> \~ ~ 'i \.,: d<'"\ ... f \Dg 2 l'" .. f; ." - ~ ll- l'. \~ % ~~ \ , ~ &$ ~ gS ~... ...'- 0',' ~ ~ S 3 ~ "I- '" ~ \ ~t ~ ~ ~ .... \ , 1 \;; ,.: S l \ % \ ~ ex: "" 1 \ ~ It ~ \ .!ii \'" ... , ~ \ SI~2 m'" % \ '" " ... ~~~ .- '" on ~ N " 1ft ~~i \ ,.., ~, '" ... \ % ~ . ~~ '6\ ~ t ,\ \ 'Ol \ ..,. ~ ~ ~t" \ ~; ';:: ~ "'"~~ \i l~l \\ t~ "" i~ ~ .. -~ \ o:~ l .~\ i~Z \ P:::> i,"!51: lIII ~\\ ~\\~ ~~ ~%l ~:J: \ ~~ &. Q1 ~i\ \0 'is:!; a'g \ ',' \u- ~ ~ l ~g 't ~t ittj% is ~~ ill' \~e '1"' \ ~. ~~i 0'" 2'\.loo\ioo oj;;; "_.._.--~-~--- OS/22/2005 14:12 .--' -'- 71724g5755 JUN. 2\. 2005 (TUE) 09,07 \ \ \ \ \ \ \ \ \ \ \ \ 8 \ ~ ~ ~ \ ~ l i I 1; !l . ;'''..!;'' _, .n \~ a .~ .,. ~u ~ri (.;) , 8 t;; ~ ~ r ~ ~ ~!~ ~l,; ~l~ .J If! ~ .n ~3J( ~ ~'a ~\.~ ~ ~ RITt hID ... ! ~ !; .... l ~ ~ - .. .. <II ~ ~ ~ ~ ~~ \)oX DES i t ~ V> ~ ~\f i~f t \ ~ S .9 I ~~ ~ i ~ ~ l~ M ;;. i 8- .<11 'Ii , t \ i ... a j I Q} o II: o ii tQ III e I- \ :i 7\ 797S.942 \i~~ I " \ ~ 1 i t ~ 1ll~ '0 ~(<) ~ t~.~ ~ 'tg-! ::l <;c ~ g "''6~~ ~ ,.s lJ:l, :e. L\'I ... l! sill!! ~ '111 bl B 2:3 i ~ i"' t~ ~ \\ ~ 9" - ; \.1- ~ IJ,.. fA = .j! ~ 0( ,a. 1'i ! pI 1 ~ \ I, 12 ~ 1 ~ ~ \ i .. .s ~ I 1 ,II! 'i i ! ~ ., ! 1 1 ~-ci~ ~ "a \, ~ $ ~ 'i~ .. "> @l t i I c.: ... 5 ~ I l '8 "" ~ ~ ~ '8 ~ ~ \ l 2 .<; \ \ 'Il i '" \ t ~ 'S m ... \"! \ ... .l!! m " . ~ \1 1\1 ",,, !!. ~;l lt~ \l' ii 06 '" !l 5 ~ " ~ ~ "1;,1 1m ,. I ~ .. l\~\ ~ i ell i l \:~~~i PAGE 04 fACIE, 4/a Ii ri :;, i~ ,I 0- " " ,U t' I~ ~ ~ S 1 ~ ~ ~ ~ E S 06/22!20Q5 _ 14: 12 7172495755 OBS .nm, 21. 2006 11'UEI 09, 07 lUTE All) RUTZ, GARY 93810- ROYAL & SUNALLlANCE 71797%942 ,:,~.,. ~~.JI_."fY ,. ..rr.,..." "'...., I /'II' "r(JIt~""~,..Il','" Royal & SunAlIlancG 4Q1 (k) Account GARV RU1'Z 1173 FLaMING DRIVE MECHANICSBURG, FA 17055- Rotlrement SavIng!! Staternent '" Cuorom., S.Nloe: (800l eail-S09S fldel~y Investments In~tlMion91 Services Co. B2 DOllOnshlr. Sll'lls! Booton, MA 02109 Your Account Summary 5a.tement Perloa: 05/01)2005 to 05/3l/200S a..al.."I,,~ Mlln"" Change In Market v.,ue $3!M23.30 $~89 .69 I!ndlnll Balanc. $39,91a.gg A4dr~onolln'onm8~on V/I!lted salAnce P'vld.nds lit !ntereot $39,912.99 $4325 _-"_,,,. __0,1"_"_' ".'_.__"~_ ,_ ~"_""..____",.,.",,,, -"'.""_" """_,--'-.... ---__.. -,._.".~_,_ "_..,,_ -.....""..... -," ~-.,_" Your Porsonal R~IQ of Return This PGrlod 1.2% Your Person~1 Rate of Retum Is calcLllated with a lime-weighted fQrmula, Widely used by "nenc/al analysts ta calCIJlace Investment earnlngg, It reflects the results of your Investment selections as well as any activity In the plan account(s) s!'lown. There are aeller Personal Rate of Return formUlas ussd that may yIeld different re!iults. Remember that past performance Is no guarantee of future re.ults. Your Asset Allocation Statement Period: 05/01/2003 to 05/31/2005 W~y I. TIllIS Important? I 1 '1 ~, ,,-wmm.ing:. J.&ltIUI.M,\.tt ~.'i:;,~tt\llo.''1~llllL. ",,,-,,",_. ..,-..-.". ........,.'.' _..._~-,----- ,- I I I I I I I I I I . $2.73" Stock Inllestmenls: $21,044.67 .1 47.27" Short-Term /nv<nm.n1S; $16,869.,2 ..~;''':~': ~':~.'. 't' . ", ." ., " .~. . Your account Is allocated among the as!!el cl3!!Ses specified abova as of 05/31/2005. Percentages and totals may nol be exact dUG to rounding. PAGE 05 PAO~. 51'6 n.f.gc l VI..,- I1ttps:/lwotkplacCllervices300.fideHty .comlnetbene'l1tsls!lvings2/sodlsoddctail'?sodPreview"'N&con... 6(;.1/2005 .05/22/2005 14:12 71 724 35755 DES ,WII. 21.2005 iT1JEl 09,07 RITE AID 71-797.S942 RUTZ, GARY 93810 . ROYAL & SUNALLlANCE Market Value of Your ACCoLlnt Statem&n~ Perlod\ 05f01/2005 to 05/31/2005 Displayed In thig section Is a summitry of your account for the ststement period. In both shares and dollars. Share'€' Share. PI''''' Priee M3Iket V.lu. "'.rket Valuft InV9slmllnt '5 of "'01 ",a' 'S of \I'Of Bllll' 04130/2005 05l31~O5 041a.:lIZOO5 0&3112005 04/3012005 05/31/2005 Stock Invetltmentll ,:Z0,598.2.3 ,:U,044>67 tarSi!) CMp flD EqullY InoolM '13.370 413.310 $49.83 $50.91 $20,59S.~ $21,0'14.67 Short-Term Inveetmenta $1',1125.07 $10,&68.32 FI<lellty R.U... M"'~l 18.825.070 1 eMa.32o $LOO $1.00 $18,825.07 $1!.S6S,:.l2 Account TlItllls $39,423,30 S3!1,U2..!I9 R/!member that a dividend payment to fUnd shareholders redu,,". the .here pr~e of the lui1d, so a de<rease In tM share prlc:e fOr the statement perlocl does not ne<:essarlly reflect lower fLlnd per/armanee, Your Contribution Elections AS of 06/21/2.005 this seallon displays the funds in which your futIJre C()ntributlons will belnve.led. . Your CurrClnllnv811tmonl "lactlons ae Qf 06/21/2005 All EligIble Source" Investment Opllon Current % stoclllnvesti'nenl8 LAr~O ~ CAP FIO eQUITY INCOME 50% , I I ; I I Short-Term IrweBtmenta FIPELlTY RETI~e MMKT 50% Totel 100% COMPANY C(INTRJB/STOCK f). Que 10 plan rules )lOLlr ccnlrfbu<<on elecVons for this sourae/souroe group are rastricted. ,"veatmant Option Currenl % StccklnvBsttnenla C()M~ANY ~10CI\ RSA STOCK FLJND 100% PAGE 05 PACE. 6i6 I'age 1. 01 't https:/lworkplaceservicesJOO.fidelity .com/nctbenefitsfsll. vings2/sod/so<:ldetail ?sodPrevi ew"'N&con,.. 6/~' 1/2005 .05/22/2005 14:12 7172495755 OES JUN. 21. 2005iTUE) 09,07 RITE; AID RUTZ, GARY 93810 - ROYAL & SUNA.LLlANCB 7l797SS~42 Total 100% Your ContrIbution Summary St.tement Period; OS/01/200S to 05/31/2005 Contrlbutla ns Prier Campllny ,."tell Retirement ACOOlIIlI Pr(Qr Befor-a..Tax Prior Ro"over Period to date Vested Percent Total ^=unt a.Ja"'. Total V~$ted &alanc~ $0.00 100% $1-4,833.14 $H.e33.H $0.00 100'10 $U,725.08 $!l.,72S.Oll $0.00 100% $t,7IB,28 $1,718,ZS $0.00 100% $7,137,90 $',',31.90 Contributions !lpeci3' Saving_ PerIod to date Vestad Pert<!nt Tot.1! Acco.mt Balan'e TQt,Q1 Vested Ba'~ne.(l $0.00 100% $4,49e.59 $4,49$,S9 Your Account Activity Statement ~r'od: OSIOI/200S to 05/31(2005 Use this seotton as a summary of Iraosmctlon. thllt occurred In your account during tI'le .talement perloe!. Q~I~lIgs. 'D:.'lM,llgj!l.o..l:fl~i9f.Y. AetlvitY riD e'llllty IncDme Total , Fidelity Retire Mmkt leal..nlno 1I.laMo Change! In Ma,.~t VerflJo Endlno Balan... $39,423.30 $4f.l9.~9 $3!l,91;l.!l!l '20,$911.23 $#6.44 $21,044.87 $18,825,07 ~7.25 $18,868.3:1; Dlvid.nlU ac lntereal $0,00 $~).25 H3.l5 Your Account Information If the below information is Incorrect. please contact your beneflts office. As of OG120(2005 )(Ie\!! p"ayroLLQ..du..c;tI.l>nll. a"norallntormlltlQn Participant Statu. employee Number Termlneted Ot592 Termination Date 0!!(21/1999 .. PRINTING INSTRUCTIONS.. Cliok below to print your statement. To print performance, click snywhsra in performance and click \he print button on your browser. . , .Print:Sl8lenient' Altornate PrInting Il'1str1letlons Click anywhe", on this online mstement soreen,lhen cliok the print butlon on your browser, To print performance. cliok anywhere in perform'lnoe and click the !,>rinl button on your browser. PAGE 07 rI\GE, 7r~ r\1.~'" 0.,1 V& '-f https:/lworkplaeoserviocs300.tidelity .com/netbcnefi ts/savi.ngs2Isocl/3oddetai17sodPrevic:w=N &con.., 6121/2005 STIPULATION AND AGREEMENT FOR PAYMENT OF CHILD SUPPORT THIS AGREEMENT is made this~:) day of 5:fL -~ _ ' 2005, BY and BETWEEN Tammy Williams Rutz of 1173 Fleming Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Mother" A N D Gary Gordon Rutz of 919 Thornton Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Father". NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the parties are the natural parents of two (2) minor children, namely Ryan Edward Rutz, whose date of birth is February 20, 1987, and Eric Gordon Rutz, whose date ofbirth is March 3, 1988 (hereinafter collectively referred to as the "Children"); and WHEREAS, the Parties wish to determine the child support and college education arrangements for their Children and have therefore agreed to enter into this Stipulation and Agreement for Payment of Child Support; and WHEREAS, the Parties are hopeful that by entering into this Stipulation and Agreement, Mother can avoid the necessity of having to file for Child Support through the Domestic Relations Office; and WHEREAS, the parties have entered into this Stipulation and Agreement freely and voluntarily, and with such guidance, knowledge and advice as each has sought from counsel of their choice. Page 1 of 4 NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: 1. This Agreement shall be effective September 1,2005. 2. Father agrees to pay to Mother a total of One Thousand ($1,000.00) Dollars per month for the support of the Children on or before the 15th of every month through Ryan's 18th birthday or graduation from high school, whichever is later. 3. Upon Ryan's 18th birthday or graduation from high school, whichever is later, Father's child support payment shall be reduced to Seven Hundred Fifty ($750.00) Dollars per month. So long as Father continues to be paid bi-weekly after the emancipation of one Child, he shall pay to Mother Three Hundred Forty-Six and 15/100 ($346.15) Dollars bi-weekly until such time as Eric turns 18 years of age or graduates from high school, whichever is later. These child support payments shall be made through direct deposit from Husband's paycheck into an account designated by Wife. 4. Nothing in this Agreement will prevent either party from filing with Domestic Relations or from seeking a modification or termination of this support obligation in the event of a substantial and continuing change in circumstances, in accordance with Pa.R.C.P. 1910.17 and the applicable child support guidelines. 5. The Parties hereto understand and agree that Mother, as primary custodian, shall be entitled to claim the Children as an exemption for income tax purposes, so long as the Children qualify as dependents for income tax purposes. Page 2 of 4 6. Father shall continue to provide health, dental and vision insurance coverage for the minor Children through his employment. 7. The Parties agree to equally divide any and all unreimbursed medical expenses, which shall specifically include orthodontia. 8. Husband and Wife each agree to provide financial support for their Children's undergraduate college education, provided that (1) such contribution would not create undue financial hardship; (2) each child demonstrates an ability, willingness and desire to pursue and complete a course of study; (3) each of the parents is consulted and permitted to participate in the choice of educational institution and course of study; (4) each child makes all reasonable efforts to obtain grants, scholarships and/or educational loans, in which pursuit both parents shall be actively involved and each parent shall assist the child in applying for said grants, scholarships and/or educational loans; and (5) that the educational bonds are exhausted prior to seeking financial support from Husband and Wife. To the extent that a college fund, trust or UGMAlUTMA account may exist, such financial resources shall be exhausted before Husband or Wife shall be required to make any contributions. 9. The Parties hereto acknowledge and agree to financially support Ryan's desire to continue with his flying lessons. Husband and Wife agree that each will contribute one-third of the cost of Ryan's flight time and review of basics, with Ryan being responsible for one-third of the cost, up to twenty-four (24) flights from the date of this Agreement through September of 2006, at which time Ryan should be in college. 10. The Parties hereto agree to equally divide the cost associated with the Eric's hockey activities. Page 3 of4 11. All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 12. In the event that either Party breaches any provision ofthis Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other 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. 13. This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: '-- \. "-i~~,,-j;.J\,-(,:~j<-~ Tammy Williams utz Mi'~h1/::;.q"ire Attorney for Father ,~ Gm;yG. R Page 4 of 4 (? r-.} (") ,~ ~>,;; c~~) "l'1 c..P 0 c":- --', I 0" ~, -';'> (.) , '.F;. c) , :....:;: - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY G. RUTZ, Plaintiff No. 2005-1844 v. CIVIL ACTION - LAW TAMMY W. RUTZ, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYL VANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 8, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce 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., Section 4904 relating to unsworn falsification to authorities. Date: '~I \ '-\ ~~ \ rv~y,;-- \t -~ ~.h~ Tammy W. Rutz, Defendant Sworn to and subscribed before me this \UtD day of ("('\("\-f"'( ,2005. ')n'"'''''' " ~ ,X;~~ --....-. ALTH OF PENNSYLV Notarial Seal Mlchelle M. Brass, Notary Public Lower Paxton Twp., Oauphln CountY My Commlsalon expires Sept 23, 2006 Member, Pennsylvania AssocIation of Notaries C? ,..> C:;J c::~) c.n .:::':) n -, () -n ..... r-flpI ~~ ~ <::) 0:> .'" ~: (: /-- ro--' ::,) " ::.-:~ ~~_:\ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY G. RUTZ, Plaintiff No. 2005-1844 v. CIVIL ACTION - LAW TAMMYW.RUTZ, Defendant (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! 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 I further understand 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 Waiver 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: \c:::J1 \ Y \ 10 6 "- \ r-.~;" \>-:...'l. "R-h~ Tammy W. Rutz, Defendant ~: i".,> "::2. 0 \..>") 00 = ,:;..:~ c.-" p (-") --l II GARY G. RUTZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1844 CIVIL TERM Plaintiff v. TAMMY W. RUTZ, CIVIL ACTION - LAW IN DIVORCE Defendant I ]1 il II I PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 IC) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on April 8, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. II I 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements rnade in this affidavit are true and correct. I understand that false statements herein are rnade subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: '9 k 7 /:;5- / / /7 ,,;-\ \~,-1 t......,.> ---~~~ GARY G. RUTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-1844 CIVIL TERM TAMMYW. RUTZ, Defendant CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on April 12, 2005, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Complaint in Divorce, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Tammy W. Rutz 1173 Fleming Drive Mechanicsburg, Pennsylvania 17055 ~J.~ Michael A. Scherer, Esquire Attorney for Defendant Date: October 27,2005 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature o Agent o Addressee C. Date of Delivery " D <:.. D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No TAMMY W RUTZ 1173 FLEI1ING DR MECHANICSBURG PA 17055 3. Service Type g:{" Certified Mall o Registered o Insured Mall o Express Mail o Return Receipt for Merchandise DC.D.D. 4. Restricted Delivery? (Extra Fee) CD Yes 2. Article Number (Transfer from service label) i PS Form 3811 , February 2004 7004 2510 0003 1247 9588 , .~ ...~ Domestic Return Receipt 102595-Q2-M-1540 ,-; II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY G. RUTZ, V. NO. 2005-1844 CIVIL TERM Defendant CIVIL ACTION-LAW IN DIVORCE TAMMYW. RUTZ, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. II II " 2. Date and manner of service of the Complaint: Complaint was served by Certified Mail on April 13, 2005. 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 Plaintiff on September 27,2005; and Defendant on October 14, 2005. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A II 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None. Respectfully submitted, ~hlv\ Michael 'A. Scherer, EsqUire r . ?~~+++++ ++++++++++++.+++++++++++++++++++++++++++++++.+++++++++++++++++++++++++~ GARY G. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + ~+++++++++++++++++++++++++++++++++++++++++++++++++++++++~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY RUTZ PENNA. STATE OF 2005 - 1844 No. CIVIL Plaintiff VERSUS TAMMY W. RUTZ Defendant DECREE IN DIVORCE AND NOW, ,J~I 4" 3:tf 7;.,v!. 'JOI>~, IT IS ORDERED AND GARY G. RUTZ DECREED THAT , PLAINTIFF, TAMMY W. RUTZ AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Property Settlement and Separation Aqreement dated a final Order of Court. herein as September 23. 2005. is t not merqed. ATTEST: ~ L1~' . t' ~ PROTHONOTARY J ~ 'z ~ ~J/" 50.e-l/ /m1-r:::4p? '1-~ ~cl -f1? 50' C.I! . . . . . '(... .. ~. " ,;'