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)
October 23, 2006
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
[X] 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
ITEM 2.02. RESULTS OF OPERATIONS AND FINANCIAL CONDITION
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On October 23, 2006, the Registrant issued an earnings press release. A
copy of the press release is furnished with this Form 8-K as Exhibit 99.1 and
incorporated herein by reference.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS
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(d) Exhibits:
99.1 Press Release dated October 23, 2006
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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: October 23, 2006 By: /s/ Channing L. Smith
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Channing L. Smith
Vice President and Chief Financial Officer
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