UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported)
April 26, 2005
FMS Financial Corporation
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(Exact name of Registrant as specified in its Charter)
New Jersey 0-17353 22-2916440
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State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) Identification
Number)
3 Sunset Road, Burlington, New Jersey
08016
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(Address of principal executive offices)
(Zip Code)
Registrant's telephone number, including area code: (609)386-2400
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Not Applicable
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(Former name or former address, if changed since last Report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
|_| Written communications pursuant to Rule 425 under the Securities Act
|_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act
|_| Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act
|_| Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act
FMS FINANCIAL CORPORATION
INFORMATION TO BE INCLUDED IN REPORT
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Item 2.02. Results of Operations and Financial Condition
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On April 25, 2005, the Registrant issued an earnings press release,
attached hereto as Exhibit 99.1, reporting earnings for the quarter ended March
31, 2005. This press release contained a typographical error in the Registrant's
Consolidated Statement of Operations. While the first paragraph of the
Registrant's earnings press release correctly set forth net income for the
quarter ended March 31, 2005, due to a typographical error, the Registrant's
Consolidated Statements of Operations for the period ended March 31, 2005
overstated net income for the first quarter by approximately $300,000. This was
due to total expense for purchased services being incorrectly reported at
$397,183 when it should have been reported at $697,183 under "NON-INTEREST
EXPENSE" in the Consolidated Statement of Operations.
As a result, later in the day of April 25, 2005, the Registrant issued
a second press release identifying and correcting the typographical error. A
copy of the Registrant's second press release identifying and correcting the
typographical error regarding purchased services in the Registrant's
Consolidated Statement of Operations is attached hereto as Exhibit 99.2.
Item 9.01. Financial Statements and Exhibits
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(c) Exhibits:
99.1 Press Release dated April 25, 2005
99.2 Press Release dated April 25, 2005
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934,
the Registrant has duly caused this Report to be signed on its behalf by the
undersigned, hereunto duly authorized.
FMS FINANCIAL CORPORATION
Date: April 26, 2005 By: /s/Craig W. Yates
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Craig W. Yates
President and Chief Executive Officer