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HomeMy WebLinkAbout98-06938 j -vI -' J i j j .! , ."'1 ;~ ,.~ .). ..~ I I I j I , I i I . i ~; I~ I~; I . I ~. !~ I" I~ I I i i i , I , i ! j , ( !~ :- . .':) .. <::J 0... . I't) ~.' " 1.1 ~ ~. , .> , . ... .:.:.' .:+:.' -:.:- .:+:-'.:+;..:.:. .:+;. .:.:....~>. {+;.<+:..:.:. .:+;. -:+:--:+;. <+:. .:+:. .:+> -:.:. .:+> :,:-:+:--:+:-:,:.:.;.<+:-..-:.;. <+:- .:.>.=.:..~:.:.:'.~.. ~ l-~-~-~--'--'-~ ,___~_'_V'___'_'''_VV'''V'__''_'_~________ ~ ~i .:. . v ~ ~ '.' . , ~ s ~ y ~I ',' ~ ~.I ~ '.' ~ '.' ~ ~ '.' s :;: '.' ~ ~ '.' ~ '.' * ~l '.' ~ .. ~ ~ ~.' w ~.~ ,;, ~ ~ ~ " * ~ ..' ~ ", ~ ',' ,', ~ ~ " ~ ;'1 ~ ..' ~' ~.' '" ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ,~, n~.i~~,.'" PEN r\l A. (_C1...At". I' .....,I.L..;:;~.> '.',~",,,~,",,,."( Linda L. Rudy t , Plaintiff i\: n.98-6.938, Cr.VI.L..... I () .~ (~ I'.' l~ ".' ~ i~ (':' I~ I::' \~ I~ I':' ., I~ I'" l~ I"~ I..', '" },:, <:~ I.', .:~ !:~: )~ , 6 ~' *~,~.,~.,~,-~:-~"~;.:~.,~.~~.~~.~::~:~>:.: ~ ,', ~ ~ '.' $ ~ ~ '.' ,', ~ ~ ',' ~ ~ ~ * ~ i.. .Nl?f1.e... . . :r.l'1q. t";3,'::; ~a.l. .Se.tt,leme.l1t;. !;,gr~l?l11qnt. .executed. py . ~)1.~ .p;1rqes on (~ (~ .Decembec. .1 t' ~WOO.. .shal.l . be.incor-pora ted. but. not. merged into .the div,orce. ... ",' ~'. ~: :~. ""',. ~. .,~> '. ,',.,-';,,~.,<,'~:~'~., '" :', .". .>.."., ::.".~., ~-~:.:- ,.-.::", :.~.."~'-.'~~\.,. """",:",:.,.'^'~ '0'_' ':......:.,,\,:.\ :'.",'.. '~'::. V(~I':-:;\1S William A. Rudy. Jr, Defendant DECREE IN DIVORCE ~ ' AND NOW, . . . . . ... ])~. . . .~.<:-. . . .. . , JqJ() . .~009, it is ordered and decreed that . .~~P.d,q. J..... .~\lPY. . ..... . . . . . . . . .. . . . . . . .. . . . . . . " plaintiff. and .~iH.i.a.m .l\... .RUDY. t. . Jr.,. . . . . . . . . . . . . . . . . . . ., . . . .. . . .. " 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 1101 yet been entered; n" T h <<.": , l C (I U)' t ;// ?'\..., /7 I'f.- ^".," (!~~""",,,,,,,,' ~ ~ ._----- --..- ~'..> -x. ~JIIl:. -=-:- .)t.:, .* ,- (~ IT" ", ,. C' ~.''3 ;-::: , , , ! , , , ,J ......1 :~: :.~\- ) , -:J ~ 1-) ., ;/.1 , . I " " C....' ~i fl.l i U! , I 0... 0 , j t.~~ C) "j c;:) U . intending to be legally bound it is agreed as follows: (I) The parties agree that their marriage is irretrievably broken and they mutually consent to a divorce and agree and will execute all necessary Affidavits of Consent and Waivers of Notice fomls required by the court for the entry ofa mutual consent divorce, The parties agree that the Divorce Decree will not be entered before December 1, 2000, The Praecipe to Transmit the Record and Affidavits of Consent and Waivers of Notice ofIntention to Request Entry of Divorce Decree shall be filed no earlier than December 1, 2000 and no later than December 15, 2000, At Husband's request, such documents may be filed at an earlier date. As Plaintiff in the action, Wife shall be responsible for filing the Praecipe to Transmit. (2) 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. (3) 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, (4) The parties are the owners as tenants by the entireties of ctrt,ain real estate with improvements thereon known as 1256 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, Wife agrees to convey her entire intcrest in this propcrty by special warranty deed to Husband, Husband agrees to hold Wife hannlcss and indemnil)1 her from any loss thcreon, Said deed shall be prepared and signed within tcn (10) days of the execution dale of this Agreement. It shall be Husband's responsibility to prepare Ihe ncw deed for Wifc's signature, to record same and to pay the fees for such recording, (5) In the event that either party contracted or incurred any debts since tht;date of separation on December IS, 1998, 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. Husband and Wife acknowledge and agree that they have no other uutstanding joint debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement. (6) Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party including the Toyota truck driven by Husband and the Honda automobile driven by Wife, (7) The parties hereto mutually agree that they have elfected a satisfactory division of the fhrniture, household furnishings, appliances, tools and olher household personal property between them. and they mutually agree that eadl 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, The Agreement shall have the elfect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties heret~, (8) The parties agree to divid~ the intangible personal property as follows: A. Wife will receive the fql!owing: 100% of the AmEx annuity and non.annuity accounts; 100% onhe IBM stock; 100% of the bank accounts; 85~,.. of the value ofllusband's40lK account, which value is to be calculated as of December 31,2000; and 22% of Husband's pension, whichis valued at $305,822,00, or approximately $67,280,84, which sum will include reimbursement for the Leister report and payment of fair rental value on the marital residence from September 1999 when Wife vacated said property. 8, Husband shall receive the following: the marital residence, 15% of the value of Husband's 40lK as of December 31, 2000; 78% of the pension as indicated above; IInd any frequent flyer miles that he may have credited to his account. C, Within ten (10) days of the execution of this Agreement, Husband and Wife shall cooperate in the completion of all forms necessary to transfer ownership of the AmEx annuity and non-annuity accounts and of all bank accounts to Wife, Husband shall be responsible for securing any foons necessary to transfer ownership of the IBM stock to Wife and Wife shall cooperate in signing such fonn~, ,Transfer of ownership of the IBM stock shall also be accomplishcd within ten (10) days of the execution of this Agreement. D, Husband shall be responsible tor securing any forms necessary to transfer Wife's portion of his 40 I K account to her and Wife shall cooperate in signing such foons, All foons necessary to transfer Wifc's portion of this asset shall bc completed within ten (10) days of the execution of this Agrcement. Transfcr of Wife's portion of the 401 K account shall be made by January 31, 200 I, that is, within thirty (30) days ofthc date at which thc account is valued as per this Agreement and for purposcs of transfer to Wife, By January 15, 2001, counsel for both partics shall have detennined, to the partics' mutual satisfaction, the value of the account as of December 31, 2000, E, By the time of execution of this Agreement, Husband shall have provided WifelWife's COllnsel with the info>1nation and/or forms necessary for the transfer of a lump sum amount out of his pension account to Wife, Husband shall cooperate in completing all necessary forms, Transfer of the portion of this account due Wife shall be accomplished within thirty (30) days of the date of execution of this Agreement, or as soon as possible given the requirements set by IBM, Husband's employer, for such transfer (QDRO or otherwise), (9) The parties also agree that the cel1ilicates of deposit held in the AmeriChoice Federal Credit Union accounts No, 020 (six month certificate) and 021 (six month certificate)belonging to tile parties' daughter will remain in her name, will be distributed to her and will be considered non- marital. In addition, the AmEx Mutual Fund No, 0000011 336702573002 and the AmEx life insurance policies shall also be considered non-marital. The insurance policies shall be retained by Husband for the benefit of the parties' daughter such that if the policies are ever cashed in, their surrender value shall be distributed to the parties' daughter. The Mutual Fund shall be ~istributed to the parties' daughter at such time and in such manner as Husband sees fit. (10) Except as otherwise provided herein, Husband shall not pay to Wife nor Wire to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support of maintenance, The spousal support order currently in effect will terminate effective the date of the issuance of the divorce decree, It shall be Husband's responsibility to transfer a copy of the divorce decree to the Domestic Relations Office and to request termination of the Order. (I J) Each party is now represented by counsel of his and her own choice. including Johnna spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision, F, All rights or claims to any accounting; Q, All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or joint ownership of property, whether real, personal or mixed; H, All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other, (18) By this Agreement, the parties have intended to effectuate an equitable division of their marital property, The parties have detemlined that such division confonns to a right and just, standard with regard to the rights of each pany, 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 and the division is being effecled without the introduction of outside funds or other property not constituting a part of the marital estate, As a part of the division of the marital properties and the marital sell!ement herein rontaincd, the parties agree to save and hold each olher harmless from all income taxes assessed againsi the other resulting from the division of the property as herein provided, The parties acknowledge that other than as set forth herein, the parties intend to be bound and follow all Internal Revenue codes, rulings and regulations as they relate to the assets that they are receiving, (19) The parties agree that effective upon the signing of this Agreement each shall be responsible for maintaining his/her own health insurance, (20) The parties acknowledge that they each own one or more insurance policies on their lives, The parties agree that effective upon the signing of this Agreement and except as provided herein, each shall be responsible for maintaining his/her own insurance, the beneficiary to be selected at will by each, (21) The parties agree that none of the obligations created by this Agreement, whether in Husband or Wife, shall bedischarged or dischargeable in any bankruptcy or financial reorganization proceeding initiated by either, regardless of federal or state law to the contrary, (22) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania, Ifany provision of this Agreement is detennined to be invalid or unenforceable, all other provisions shall continue in filII force and effect. (23) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the olher in a court of competent jurisdiction, the provisions of this Agreement shall be incorporated by reference or in substance but shall not be merged into such judgment or decree, shall survive any such final jl1dgment or decree of absolute divorce, shall not be ....' LINDA L. RUDY, Plaintiff IN 'fHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. WILLIAM A. RUDY,JR., Defendant NO. 'iJL 'iJ/ C,:"" 7,." IN DIVORCE AFFIDAVIT OF COUNSELING I, Linda L. Rudy, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spoUse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: I,'J .. ., . 'I (> .... .J _.J / <'{. RUdy 1./ /\"; Linda L. '",' ~.. '- ...... (.I; ".'. ~ i~:~ 5..-:'"' 3r' '_L! ...:;~ ~.: ; 0,- ,. ~ -. J~ ',") 51.,., .. I " SZ r, . a~ 1I ,;.. ;; ; ~ > 5 0, i:; ) L . " 1 , . ( ~ 1. ">- >- [.";; N !.:; j:.'~ ",'- -. <.~ ;~5 1...:...1 ( - '- ..... " "j.;;. L' .~.:;,' -- :::'- '...." ,oJ -,,:j i.; , , '- f) . :~} "",' 'J ,...;. I "~j. .C :;~ (.,: '",!W L.. h~ [(\0- ,. C..:. i,/ C) ::> "-' (;:) U I , ~:';PA I 2.'i I I , ' I ~... tl... 'G"",'4 1,/ 2 ?J i G..u IJa,.... G..JTC i:lIlrJ/ I 1(,,''''0 I <) '!" ... '\ ,,;, ? 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I'LO'I ":,....., \" ; 'Jo,..p. ")h 1..10, .i ltl ,(~ ~\ 5'A ZS.3v )//> ~ TU t6.U 3/1' ~~\ ru c.J7,9{ 3/2.> ('7,~ . ,- .' ' TU 17.Z.3 3/30 'VY, ,\~.P . Tl1 JI.18 ~/' / 1\" ~j') tf'i.11. 'II II / \' '...." t S".J '\ j.t, \:. -rtJ '$ 3,0 I 'I/(J \ '(I.- \0 ~8 \ '~' (')1 ' , J ~2 ", , l- - 'Ijj /.!,...)__ .6 r:..~~.ae ') I/f,.n , , , E'x ~~ b~+ :~ - , ' " . Union, Subaccount 013, this being the parties' jointly owned checking account, Defendant/husband shall continue to deposit his paycheck into this account, and Plaintiff/wife shall continue to have access to this account through the use of the parties' jointly owned checks, However, wife shall use this account only for household expenses which shall include food, other groceries, paper products, and laundry products to be consumed by the household, including both Plaintiff and Defendant, and wife will provide an accounting for the amounts spent, 5, The parties will cancel the Texaco gas card account which they have jointly owned and subsequent thereto both parties shall be permitted to open their own accounts, Any other accounts that have been closed by action of husband will be reopened, if wife desires, in her own name, 6, As previously acknowledged in correspondence, wife agrees that the $13,000:00 ~hich has already been distributed to her will be accounted for in the ultimate equitable distribution in this case, and any sums spent by husband will also be accounted for in the ultimate equitable distribution, It is noted that an application for alimony pendente lite/spousal support is pending in this case, It is noted that this matter had originally been scheduled before Judge Hess but that because of his unavailability due to another hearing the undersigned judge received the stipulated order, III the Court of COllllllon Pleas of CIJMllEIU.ANI> COllnt)', PennsylvlInia I)OMESTIC rtELATIONS SECTION LINDA L, RUDY ) IJo.kel NUlllher 98-6938 CIVIL I'laillliff ) vs. ) I'ACSES Case NUlllher 828101092/D28629 WILLIAM 1\, RUDY JR ) IJcfelllblll ) Olher Slale JI) NUlllher Order AND NOW to wit, this ;JUNE 30, 1999 it is hereby Ordered that: '> ", THE PETITION FOR ALlMON)' PENDENTE LITE. IS DISMISSED, WITHOUT PREJUDICE, PURSUANT TO AN ORDER OF SPOUSAL SUPPORT BEING ENTERED UNDER DOCKET NUMBER 401 SUPPORT 1999, (PACSES C~7141010e7l BY TIlE COURT: DRO: RJ Sh..dd.y C(:: p~tl t I,Jnei~- r~Slh)nd('nt '; " "lJ I lJ ,t....._~ ..1 :h ,,,,,i i. ~Gq. "" .1,..." , ~. A]J5hdJSt,~f Esq.) II,.-t." " .1. "'('5J('y 0]<11. ~." JUDGE Sm'icc 1')"1'<' M FornlOE-001 "''."kllO 21005 5. . The Participant's current and last known mailing address is 1256 West Trindle Road, Mechanicsburg, PA, 17055. 6. The Alternate Payee's current and last known mailing address is 20 Biddle Road, Apt. 2, Carlisle, PA 17013-9740. 7. The Alternate Payee shall keep a current mailing address on file with the Plan at all times. The Plan address is: IBM Personal Pension Plan, c/o IBM QDRO Administration, P. O. Box 550980, Jacksonville, FL 32255-0980. 8. All notices and other communications by and to the Participant, the Alternate Payee and the Plan Administrator shall be made by first class mail, postage prepaid to the above-noted addresses. 9. This Order is intended to serve as a Qualified Domestic Relations Order ("Order") by which a division and disposition of the Participant's benefit under the IBM Personal Pension Plan will be and is made according to the provision of sections 40 I (a)(1 3) and 414(p) of the Internal Revenue Code of 1986, as amended ("IRC") and Section 206 ofERlSA ("ERISA"). 10. The Plan is marital property. The allocation and disposition of the Participant's benefit under the Plan relates to a provision of marital property rights and is in accordance with ~31 0 I et seq., of the Pennsylvania Divorce Code, 23 Pa. C.S.A. ~3101 et seq. II. As per tile terms of the parties' Marital Settlement Agreement, the Alternate Pay~ shall receive, as her separate interest, a one-time lump slim payment in the amount of $67,280.84, which sum shall be deposited into a plan/account of Alternate Payee's choosing, said sum to be paid as soon as administratively possible after submission ofa certified copy of this Order to and approval of this Order by the Plan Administralor. 12. The aforesaid sum ($67,280.84) which is due to Alternate Payee shall be transferred to EDWARD JONES IRA ACCOUNT NUMBER 616-92177-1-5. Transfer shall be made by check made out to "Edward Jones, for the benefit of Linda Rudy." 13. The lump-sum payment to Alternate Payee shall reduce the Participant's benefits under the Plan. The benefit of the Participant shall be reduced by the value of the lump sum paid to the Alternate Payee. The value of such lump sum shall be determined by accumulating the lump-sum payment with the interest crediting rate, as defined in the Plan, from the date as of which the lump sum is paid to the Participant's annuity starting date, as defined in the Plan, and converting such accumulated lump surn to the form of payment elected by the Participant using the applicable interest rate and the mortality table described in section 417(e)(3)(A) of the Internal Revenue Code. The applicable interest rate shall be the average of the annual interest rates on 30-yearTreasury securities as specified by the Commissioner of Internal Revenue for the months of August, September and October immediately preceding the calendar year containing the Participant's annuity starting date, as defined in the Plan. 14. Payment of the Alternate Payee's separate intcrest shall not be affected by the Participant's death. 15. The Alternate Payee shall designate, on a form provided by the Plan Administrator, the person to whom her separate interest is to be paid in the event ofhcr death. If the Alternate Payee does not designate a beneficiary, payment of the Alternate Payee's separat: interest shall be made to , . her estate. 16. The Participant and Alternate Payee~hall each be responsible for his or her own federal, state and local income lll1d othcr taxes attributable to any and all payments from the Plan which arc received by Participant and Alternate Payee, respectively. The Plan shall provide to Participant and Alternate Payee in accordance with its customary procedures such information as is normally provided to participants in the Plan with respect to the taxation of distributions from the Plan. However, it is specifically provided that the initial roll-over to Alternate Payee of $67,280.84 to a tax-deferred account is a distribution pursuant to divorce and is a non-taxable event. 17. Receipt by the Plan Administrator of an executed copy of this Order shall be deemed to fulfill all requirements of the Plan as to notice and request for withdrawal by the Alternate Payee of the amount specified herein. 18. No provision of this Order shall be construed to require the Plan, the Plan Administrator, or any trustee or othcr fiduciary with respect to the Plan to take any action which is inconsistent with any provisions of the Plan as now in effect or hereafter amended. 19. No provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any federal law, rule, regulation or applicable judicial decision; (b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan and specifically authorized by this Order; (c) provide , increased benefits (determined on the basis of actuarial value); or (d) pay benefits to any Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order. 20. The Court shall retain jurisdiction over the parties and the Plan to amend the Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under ERISA Section 206(d), until such time as all obligations of the Plan to the Alternate Payee under this Order have been fully paid and discharged. 21. The undertakings and obligations of the IBM Personal Pension Plan as set forth in tins Order arc solely those of the Plan. Neither IBM Corporation, any of its subsidiaries or affiliated corporations, nor any officer, employee or agent of any of the corpora.tions (other than the Plan 11 I II' L . j I 1 I I I J i I LINDA L. RUDY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 98.6938 CIVIL v. WILLIAM A. RUDY, JR., DEFENDANT IN DIVORCE PARTIES' STIPULATION FOR OUALIFIED DOMESTIC"RELATlONS ORDER AND NOW, the parties, Linda L. Rudy, Plaintiff, awl William A. Rudy, Jr., Defendant, do hereby stipulate and agree as follows: I. The parties hereto are husband and wife in a divorce action filed in Cumberland County, Pennsylvania at the above-noted term and number. 2. The parties seek a Qualified Domestic Relations Order to effectuate the lenns of the Marital SClllemcnt Agrccmcnt which they signed on December I, 2000 and by which they resolved all cconomic claims relating to their marriage. 3. William A. Rudy, Jr, D.O.B. 5/31/41, Social Security Number 161-32-2534 and IBM Serial Numbcr 779696, hereinafter referrcd to as "Participant," is employed by IBM Corporation and is a participant inthc IBM Personal Pension Plan (the "Plan"), prcviously named the IBM Retirement Plan.. 4. Linda L. Rudy, D.O.B. 4/28/45 and Social Security Number 172-36-1664, hereinafter referred to as "Alternate Paycc," the formcr spouse of the Participant, is the Alternatc Payee as defined under IRC Section 4I4(p). 5. The Participant's current and last known mailing address is 1256 West Trindle Road, Mechanicsburg, PA, 17055. 6. The Alternate Payee's current and last known mailing address is 20 Biddle Road, Apt. 2, Carlisle, PA 17013-9740. 7. It is the responsibility of the Alternate Payee to keep a current mailing address on tile with the Plan at all times. The Plan address is: IBM Personal Pension Plan, c/o IBM QDRO Administration, P. O. Box 550980, Jacksonville, FL 32255-0980. 8. All notices and other communications by and to the Participant, the Alternate Payee and the Plan Administrator shall be made by first class mail, postage prepaid to the above-noted addresses. 9. The parties seek an Order intended to serve as a Qualified Domestic Relations Order eOrder") by which a division and disposition of the Participant's benefit under the IBM Personal Pension Plan will be and is made according to the provision of sections 401(a)(13) and 414(p) of the Intemal Revenue Code of 1986, as amended ("IRC") and Section 206 of ERISA ("ERISA"). 10. The Plan is marital property. Thc allocation and disposition of the Participant's benefit under the Plan relates to a provision of marital property rights and is in accordance with ~31 0 I et seq., of the Pennsylvania Divorce Code, 23 Pa. C.S.A. ~3IOI et seq. II. As per the ternlS of the parties' Marital Settlement Agreement, the Alternate Payee shall receive, as her separate interest, a one-time lump sum payment in the amount of$67,280.84, which sum shall be deposited into a plan/account of Alternate Payee's choosing, said sum to be paid as soon as administratively possible after submission of a court certified copy of a Qualified Domestic Relations Order and approval of this Order by the Plan Administrator. . . '" '. ..,..' .... ...., ..... .,,: ,~, ."i:"."'" ',- ~.':.:,,' ":;""~';" . ". >./' ....... r.. ........ .' ..:: . ......... .... . 12. Altcmate Payee wishes that the aforesaid sum ($67,280.84) be transferred to EDWARD JONES IRA ACCOUNT NUMBER 616-92177-1-5. Transfer should be made by check lIladc out to "Edward Joncs, for the benefit of Linda Rudy." J 3. The lump-sum payment the A1tcrnate Payee receives shall reduce the Participant's bcncfits under the Plan. The bcnefit of the Participant shall be reduced by the value of the Jump sum paid to the Alternate Payee. The value of such lump sum shall be dctermined by accumulating the lump-sum payment with the interest crediting rate, as dcfined in the Plan, from the date as of which the lump sum is paid to the Participant's annuity starting date, as defined in the Plan, and converting such accumul~ted lump sum to the form of payment elected by the Participant using the applicable interest rate and the mortality table described in section 417(e)(3)(A) of the Internal Revenue Code. The applicable interest rate shall be the average of the annual interest rates on 30-year Treasury securities as specified by the Commissioner ofInternal Revenue for the months of August, September and October immediately preceding the calendar year containing the Participant's annuity starting date, as defined in the Plan. 14. Payment of the Alternate Payee's separate interest shall not be affected by the Participant's death. 15. The Alternate Payee shall dcsignate, on a form provided by the Plan Administrator, the person to whom her separate interest is to be paid in the event of her death. If the Alternate Payee orthe Qualified Domestic Relations Order does not designate a beneficiary, payment of the Alternate Payee's separate interest shall be made to her estate. 16. The Participant and Alternate Payee shall each be responsible for his or her own federal, stale and local income and other taxes anributable to any and all payments from the Plan which are received by Partidpantand Alternate Payee, respectively. The Plan shall provide to Participant and Alternate Payee in accordance with its customary procedures such information as is normally .-. provided to Participants in the Plan with respect to the taxation of distributions from the Plan. However, it is specifically provided that the initial roll-over to Alternate Payee of $67,280.84 to a tax-deferred account is a distribution pursuant to divorce and is a non-taxable event. 17. . Receipt by the Plan Administrator of an executed copy of the Qualified Domestic Relations Order shall be deemed to fulfill all requirements of the Plan as to notice and request for withdrawal by the Alternate Payee of the amount specified herein. 18. No provision of this Order shall be construed to require the Plan, the Plan Administrator, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provisions of the Plan as now in effect or hereafter amended. 19. No provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any federal law, rule, regulation or applicable judicial decision; (b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan and specifically authorized by this Order; (c) provide increased benefits (determined on the basis ofaciuaIial value); 01' (d) pay benefits to any A1ternatc Payee which are required to be paid to another Alternate Payee under another order previously dctermined to be a Qualified Domestic Relations Order. 20. The parties agree that the Court wi\1 retain jurisdiction over the parties and the Plan to amend the Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under ERISA Section 206(d), until such time as all obligations of the Plan to the Alternate Payee under this Order have been fully paid and discharged. 21. The undertakings and obligations oflhe IBM Personal Pension Plan as set forth in this Order are solely those of the Plan. Neither IBM Corporation. any of its subsidiaries or affiliated corporations, nor any officer. employee or agent of any of the corporations (other than the Plan ':\.- ,..... C c.: '" , u 1 , , <Xl l.:~ :'.~: , "':.:': .~~.~ ,~ 1 :,".) .0 I I 1 !: 0'. ., ~- , (,I.. ~., b:! - J I. ::3 C'., w U ~ . . .