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HomeMy WebLinkAbout04-1737 JOSEPH M. NILO, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. . : NO. 04 - t731 CiUi..L'-T~ : CIVIL ACTION - DIVORCE JEANNE A NILO, Defendant 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU 00 NO!' 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO!' HAVE A LAWYER OR CANNO!' AFFORD ONE, GO TO OR TF.T .F.PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JEANNE A NILO, Defendant : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUN'IY, PENNSYLVANIA ~NO. OLI- J7J1 CiuitT&1..."71 : CNILACTION - DIVORCE JOSEPH M. NILO, Plaintiff v. PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for the Plaintiff in the above- captioned case. Respectfully submitted, DATED: 1" { ~ - Ol-'l F. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01./- 1'737 CiCJlL'-r~ : CIVIL ACTION - DIVORCE JOSEPH M. NILO, Plaintiff JEANNE A Nll.O, Defendant COMPLAINT UNDER SECTION 3301(c) or 330l(d) OF THE DIVORCE CODE 1. Plaintiff is Joseph M. Nilo, who resides at 811 Green Street, Harrisburg, Pennsylvania 17102. 2. Defendant is Jeanne A. Nilo, who resides at 33 South 24th Street, Camp Hill, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents of this Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 18, 1984, in Dallas, Texas. 5. The parties are living separate and apart. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and of the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff waives the right to request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. Plaintiff avers that this ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter a Decree of Divorce, Respectfully submitted, DATED: o . Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities, Dated: Y/7/VOY \11-7')11. kh L./ 1~~ ~ ~ B I () ~ r p:> - ~ --t- ~. .1 ,,) G .-;-1 iU JOSEPH M. NllD, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1737 Civil Term JEANNE A NllD, Defendant : CIVIL ACTION - DNORCE MARlTALS~REEMENT TIDS AGREEMENT, made this .. day of ( . .', , 2004, by and between Jeanne A Nilo (hereinafter "JEANNE") and Joseph M N' 0, (hereinafter "JOE"); W I TN E SSE T H: WHEREAS, the parties hereto were married on February 18, 1984, in Dallas, Texas; and WHEREAS, the parties have two children of this marriage, namely Michael Nilo and Nicholas Nilo; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest 01' their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and (\, ,~ .' ~/-IJ (/ WHEREAS, the parties have negotiated lID agreement through the Collaborative Law process; NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. JEANNE is represented by Debra Denison Cantor, Esquire ofREAGER & ADLER, PC. JOE is represented by Nora F. Blair, Esquire, The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DNORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to ~ 3301(c) of the Divorce Code. A divorce action was filed by Husband with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 04-1737 on April 21, 2004. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of the agreement, This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties ~ () 2 J/LI :. agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date'" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwis.e, the "date of execution" or "execution date" of this Agreement shall be defined a., the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otheIWise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or alJl other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an ~ I ~,L 3 ~ v v absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. The disclosure process involved the voluntary exchange of numerous documents and afforded both parties sufficient opportunity to ask questions of each other, to evaluate the content of the documents and to discuss the disclosure with their respective counsel. Neither party wishes to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties confirm that each has relied on the accuracy of the fmancial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he or she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties specifically waive the right to obtain real estate appraisals and actuarial values for their defined benefits plans. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. Each party further covenants and agrees for himself or 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 or assigns, in action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue '~JL J 4 \ApJ c inf1uence, or that there was a failure to have available full, proper and independent representation by legal counsel. 6. SEPARATION/NON-INTERFERENCE. JEANNE and JOE may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, dire<1, or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. JEANNE and JOE shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are owners of property located at 33 South 24th Street, Camp Hill, Pennsylvania. JEANNE and Nicholas reside in the marital home and shall continue to do so until no later than July 31,2005 or the date of the sale of the home or purchase of HUSBAND's interest in the home. From the date of execution of this Agreement, JEANNE shall be granted exclusive possession of the marital home. However, WIFE'S exclusive possession does not prohibit HUSBAND'S admission to the home upon the express invitation of either JEANNE or the parties children as long as they are present in the home with JOE. The parties recognize that the home needs significant repairs. The parties have agreed to take out a home equity line of credit vl'ith Citizen's Bank. JEANNE shall gather estimates of the repair work to be completed on the home and shall provide same to JOE. Upon his approval, these funds shall be withdrawn from the home equity line in an amount sufficient to pay the ~ ' ~ft~ outstanding invoices on the repair work. JEANNE shall likewise be authorized to withdraw funds from the home equity line to pay the home equity line payments pending the sale or refinance of the marital home. No later than May 1, 2005 the house shall be listed for sale, or in the alternative, JEANNE shall convey to JOE her election to retain the marital home. If the home is to be sold, the parties agree to mutually select a realtor for the sale of the home or may elect to sell it themselves. The parties agree to cooperate in a manner necessary to effectuate the sale. If the home is sold, provisions shall be made in the contract that JEANNE does not need to move from the home prior to July 31, 2005. After the payment of all liens and settlement costs, the proceeds shall be divided equally. If JEANNE elects to keep the marital home, the parties shall mutually agree to an appraiser and divide equally the costs of an appraisal. If either party does not agree with the result, they shall mutually select a second appraiser, and equally divide the costs of the appraisal. The value of the home shall be the average of the two appraised values. In the event J.EANNE retains the marital home, the equity in the home shall be the agreed upon or averaged appraised value less the balance of the home equity loan. This equity shall be equally divided by the parties. Payment of HUSBAND's share of the equity shall occur on or before August 31,2005. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts, JOE represents and warrants to JEANNE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which ~ 0' h'" ..tate might be respo:'ihle, and he ""'" indemnify ":"~ U v JEANNE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as othetwise set forth herein. JEANNE represents and warrants to JOE that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which JOE or his estate might be responsible, and she shall indemnify and save JOE harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as othetwise set forth herein, 9. RETIREMENT BENEFITS. The parties are each owners of an EDS 401(k) plan and an EDS defined benefit pension plan. It is agreed that the martial portion of WIFE's pension plan is $46,000.00. The value of the marital portion of HUSBAND's pension plan is $49,000.00. The parties hereby waive any right, title and interest that they may have in the other's pension plan. JOE and JEANNE agree to use the December 31, 2003 value of the EDS 401(k) plans as the marital value. HUSBAND's 401(k) had a value of $72,459.85 and & WIFE's 401(k) had a value of $26,497.39 on December 31, 2003. The parties agree .7 \. j to transfer $22,981.23 plus or minus any earnings!losses' on th(;s~-funds from~V~, HUSBAND's EDS 401(k) into a tax-deferred account held by JEANNE. The ~Jv..~ parties shall prepare all documentation necessary to effectuate said rollover and \ \ (\ tl \(, will equally divide all costs associated thereto. A proposed QDRO is attached \.i ,JoJ ,/' hereto as Exhibit "A" and shall be executed by the parties concurrently with the ~~\l/ execution of the Marital Settlement Agreement. ,7 J The parties specifically waive any and all other retirement benefits obtained by the parties, post-separation. The individual who holds said benefits shall own ~ lJ 7 c)1R v the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The joint bank accounts have been divided by agreement of the parties. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. INVESTMENTS. At the time of preparation, JEANNE was the owner of 1055.89 shares of EDS stock, and JOE was the owner of 1613.47 shares ofEDS stock, which are contained in the Smith Barney account. Any shares purchased by the parties over and above these amounts shall be retained individually by the parties and considered non- marital. The parties are also joint owners of 152 shares of EDS stock. The shares as currently held by Smith Barney and those jointly titled shall be used to contribute to the four-year college education of the parties' children. There exists a Charles Schwab account for the benefit of Michael and a separate Charles Schwab account for the benefit of Nick. It is the parties' intention that these monies be utilized for the children's college education prior to the usage of any other funds. Each July 1 st the parties shall determine the amount of funds available for the college expenses, divide that amount by the number of years of a four-year college education remaining for both children, and shall liquidate sufficient amounts of the Charles Schwab and the EDS shares to pay their contribution to college expenses for each child for that year. For example, on July 1, 2005, Nick ~ ' ~ 8 (-M J (/ will have four years of college remaining and :lVIichael will have two years remaining. If the Smith Barney Charles Schwab and EDS shares have a total value of $100,000, this would be divided by six, for a sum of $16,666.66. The accounts would be liquidated in an amount sutlicient to pay $16,666.66 per child or if not fully needed by one child, to pay the college expenses of the remaining child. If there are EDS shares remaining by Nick's 25th birthday or Nick's college graduation, whichever comes first, the parties shall calculate the total number of shares and/or the value and divide those shares and/or their value equally. If there are insutlicient funds to cover college expenses, the children shall bear responsibility for said costs. College expenses shall include tuition, room and board and books. By mutual agreement, the parties may modify their obligation to pay these college expenses. 12. lJFE INSURANCE. JOE and JEANNE each have a term policy through their employment. Each party agrees to name the children as the irrevocable beneficiary on their insurance policy until such time as both children reach the age of 25. Thereafter, each party shall be free to designate his or her beneficiary as they see fit. 13. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. ~~ 9 CJd!} v u The parties have agreed to a division of personal property. It is agreed that HUSBAND's personal property shall be removed from the marital home no later than February 15, 2005. A list of the personal property to be removed by JOE is in the possession of both parties. 14. VEHICLES. The parties are the owners of a 2001 Hyundai XG300, a 2000 Pontiac Grand Am SC Coupe and a 1997 Chevrolet Blazer SUV. Jl~ shall retain the 2001 Hyundai which is encumbered by a car loan. ;JEANNE agrees to assume responsibility for the loan and shall indemnify and hold JOE harmless from said obligation. JOE shall retain the Grand Am and assume the loan against said vehicle. JOE agrees to indemnify and hold JEANNE harmless from said loan obligation. It is agreed that the Blazer shall belong to the parties' children. 15. CIDLD CUSTODY. The parties shall share legal custody of the minor child. JEANNE shall maintain primary physical custody of the minor child. JOE shall have rights of partial custody as agreed upon by the parties. Since the parties' separation, JOE has enjoyed certain custodial periods within the martial home. Unless by invitation from either child, it is agreed that prior to coming to the marital home, JOE will provide JEANNE with notice. JEANNE may decline the opportunity for JOE to have his custodial period of time at the home. This decision will not prohibit JOE from picking up the minor child for custodial visits at a location elsewhere. The parties shall share legal custody of the minor child. MOTHER shall maintain primary physical custody of the minor child. FATHER shall have rights of partial custody as agreed upon by the parties. Since the parties' separation, JOE has enjoyed certain custodial periods within the martial home. It is agreed that prior to coming to the marital home, JOE will provide JEANNE with notice. JEANNE may decline the opportunity for JOE to have his custodial '\ \~ J 10 ,,-iAN v ~~~ ~ ~~." ~. ~. period of time at the home. This decision will not prohibit JOE from picking up ~..\~ <;;;, the minor child for custodial visits at a location elsewhere. f'l-- ~< ~ ~~1 16. CHILD SUPPORT. J. 1-" . \J \0, ~:t. JOE shall pay to JEANNE the amount of $800.00 per month in child support ~ '\ \; ~~\ ~ ~ ~ through August 31, 2005. Said payment shall be made directly to JEANNE no IJ-:i~: later than the 20th day of each month. Said payment shall terminate effective ~t ~ ~ August 31,2005 .rue., any 00"","_ moui", '" owed. JEANNE "'''" osmune ~. ;l; both children as tax deductions as long as legally allowed. JOE shall provide -...;:: ~ ~ ~ ; health and dental insurance for the parties' children as long as it is available Ii ~ ~.~ through his employer and the parties' son qualify for insurance through the plart'f ':t ,~~ ~ ( It is agreed that any co-pays or unreimbursed medical expenses shall be divided equally by the parties until such time as the children are no longer qualified for \'~ _",I. insurance or until such time as the children graduate from college, or reach the D\ age of 25, whichever comes first. 17. BANKRUPI'CY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or {mancial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. ~ j 11 -~ "j The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 18. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 19. A'ITORNEYFEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 20. A'ITORNEYS' FEES FOR ENFORCEMENT. In the event that there is a dispute regarding compliance with this Agreement, the parties agree to return to the Collaborative Process prior to resorting to litigation. In the event that either party breaches any provisions of this Agreement and the collaborative process should fail to resolve the dispute and the other party retains new counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs, and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees,. costs and expenses of the C\111 L/ ~ 12 r)A1i 1/ ,J other party in the absence of a written demand provided to the counsel of record, or to the party alleged to be in breach at their last known address. Demand shall be adequate if it is sent via regular U.S. mail to counselor via certified mail to the party and provides at least fourteen (14) calendar days for compliance. For purposes of this provision, and in absence of notice to Defendant to the contrary, the presumptive correct address for notice to the Plaintiff shall be: 811 Green Street Harrisburg, PA 17102 For purposes of this provision, and in absence of notice to the Plaintiff to the contrary, the presumptive correct address for notice to the Defendant shall be: 33 South 24th Street Camp Hill, PA 17011 For purposes of this provision, and in the absence of a notice to the other party of change of address, a breaching or alleging breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 21. WAIVER OF RIGHTS. The parties selected a method by which the decisions would be made in their divorce and elected to use a Collaborative Law Process, rather than a conventional litigation method. In choosing that process, the parties retained " decision-making responsibility for the outcome and elected a process which \ \ '. 0v~ j 13 (fl allowed them to have zealous representation and have the decisions consider their needs, interests and sense of fairness. By choosing not to litigate, both parties hereby waive the following procedural rights: a. The right to obtain an inventory and thc~ appraisement of all marital and non-marital property; b. The right to obtain an income and expense statement of either party; c. The right to have all property identified and appraised; d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking or oral deposition, and all other means of discovery permitted under the law; and e. The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 22. MUTUAL COOPERATION. JEANNE and JOE shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 23. VOID CLAUSES. 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 Germ, condition, clause or provision shall be stricken from this Agreement, and i~ ~ 14 ~~ J V JOSEPH M. NILO, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1737 Civil Term JEANNE A NILO, Defendant : CIVIL ACTION - DNORCE QUALH'l.l!;D DOMESTIC RELATIONS ORDER AND NOW, this day of , 2005, this Court fmds that the parties have agreed that a Qualified Domestic Relations Order (QDRO) shall issue with respect to the EDS Dermed Contribution Plans, This Order creates and recognized the existence of an alternate payee's right to receive a portion of the participant's benefits payable under an employer-sponsored defined contribution plan, which is qualified under Section 401 of the Internal Revenue Code (the "Code"). This Order is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and shall be interpreted and administered in conformity with such laws. This Order is entered pursuant to the authority granted under the applicable domestic relations laws of the State of Pennsylvania. It is therefore ORDERED AND DECREED as follows: 1. PLAN This Order applies to the EDS Defined Contribution Plan indicated below (the EXHIBIT "A" "Plan"). Any successor to this Plan shall also be subject to the terms of this Order. x EDS 401(k) Plan o EDS Puerto Rico Savings Plan o Other: 2. PARTICPANT The name, address, Social Security number, and date of birth of the participant are as follows: Name: Joseph M. Nilo Address: 811 Green Street Harrisburg, PA 17102 Social Security Number: 040-48-0229 Date of Birth: April 25, 1956 3. ALTERNATEPAYEE The person named as alternate payee meets the requirements of the definition of alternate payee as set forth in Section 5 below. The alternate payee's name, address, Social security number, date of birth, and relationship to the participant are as follows: Name: Jeanne A. Nilo Address: 33 S. 24th Street Camp Hill, PA 17011 Social Security number: 469-68-6450 Date of Birth: January 18,1955 Relationship to Participant: Wife 4. DEFINITIONS Alternate Payee The alternate payee is any spouse, former spouse, child or other dependent of the participant who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits under the Plan with respect to the participant. Assignment Date The assignment date is the date on which the participant's vested account balance will be valued in order to determine the alternate payee's designated portion. Liquidation Date The liquidation date is the date a portion of the participant's account is liquidated to allow the payment to the alternate payee's account under this Order. An assignment as of the liquidation date assigns a portion of the participant's current account. Vested Account BaIance The participant's vested account balance is the participant's benefit as if he/she terminated employment and received a distribution on the assignment date. 5. BENEFIT PAYABLE TO THE ALTERNATE PAYEE This Order assigns to the alternate payee $22,9B1.23 (31.715B1%) of the participant's vested account balance under the Plan as of December 31, 2003 (assignment date). From the assignment date to the liquidation date, the amount assigned to the alternate payee will include earnings and losses. of the benefit is determined. 6. FORMOFPAYMENT The alternate payee shall receive the portion of the Plan benefits assigned to the alternate payee in a single lump-sum payment. Such amount shall be adjusted for earnings/losses from the liquidation date to the date the benefit is paid. The alternate payee will have the opportunity to roll over this distribution into an IRA or another qualified plan. 7. COMMENCEMENT The alternate payee shall receive payment as soon as administratively reasonable following the determination that this Order is a Qualified Domestic Relations Order. S. DEATH PROCEDURES If the participant predeceases the alternate payee prior to payment of the alternate payee's assigned benefits under the Plan, the alternate payee's benefits will not be affected. In the event of the participant's death, the account balance which remains the property of the participant, will be payable to the participant's designated beneficiary or in accordance with Plan provisions. This Order does not require the participant to name the alternate payee as the beneficiary for the benefits not assigned to the alternate payee. In case of the death of the alternate payee prior to distribution of the alternate payee's benefits from the Plan, the assigned benefits will be paid to the alternate payee's designated beneficiary or, if none, in accordance with Plan provisions. 9. RETENTION OF JURISDICTION This matter arises from an action for divorce or legal separation in the court under the case number set forth at the beginning of this Order. Accordingly, this court has jurisdiction to issue this Order. In the event the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, both parties shall cooperate. with the Plan Administrator in making any changes needed for it to become qualified. 10. LIMITATIONS Pursuant to Section 414(P)(3) of the Code and except as provided by Section 414(p)(4), this Order: (i) Does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan; (ii) Does not require the Plan to provide increased benefits; and (iii) Does not require the payment of benefits to an alternate payee that are required to be paid to another altenlate payee under another Order previously determined to be a Qualified Domestic Relations Order. 11. TAXATION For purposes of Section 402 and 72 of the Code, any alternate payee who is the spouse or former spouse of the participant shall be treated as the distributee of any distribution or payments made to the alternate payee under the terms of the Order, and, as such, will be required to pay the appropriate federal, state, and local income taxes on such distribution. 12. SUSPENSION OF BEN~TrS If the participant's benefits cease due to his/her reemployment, the alternate payee's benefits will not be suspended. 13. CONSTRUCTIVE RECEIPI' If the Plan inadvertently pays to the participant any benefit that is assigned to the alternate payee pursuant to the terms of this Order, the participant will immediately reimburse the alternate payee to the extent that the participant has received such benefit payments and shall forthwith pay such amounts so received to the alternate payee within ten (10) days of receipt. If the Plan inadvertently pays to the alternate payee any benefit that is actually payable to the participant, the alternate payee must make immediate reimbursement. If the participant's benefits have not begun, the alternate payee shall immediately reimburse the Plan, If the participant's benefits have begun, the alternate payee shall immediately reimburse the participant. In either case, the alternate payee must reimburse to the extent that he/she received such benefit payments and shall forthwith pay such amounts so received to either the Plan or the participant within ten (10) days of receipt. 14. ~l"J!:cr OF PLAN TERMINATION If the Plan is terminated, whether on a voluntary or involuntary basis, and the participant's benefits become guaranteed by the Pension Benefit Guaranty Corporation ("PBGC"), the alternate payee's benefits, as stipulated herein, will also be guaranteed to the same extent in accordance with the Plan's termination rules and in the same ratio as the participant's benefits are guaranteed by the PBGC. 15. CERTIFICATION OF NECESSARYlNFORMATION All payments made pursuant to this Order shall be conditioned on the certification by the alternate payee and the participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. J. The parties and respective counsel have signed below indicating their consent to this Order: (\~/A1.M ~.NilO / ~tk~ ~~ N a F. Blair, Esquire Attorney for Joseph M. Nilo cl77uLr earme A. Nilo antor, Esquire e A. Nilo COMMONWEALTH OF PENNSYLVANIA C;'S :....>> . COUNTY OF CUMBERLAND On the j-;:y'~'L day of ~ ~ . /'LA.f- ' 2004, before me, a Notary Public in and for the Commonwealth of P msylvania, the undersigned officer, personally appeared Jeanne Nilo, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. ?"MMONWEALTH OF PENNSYLVANIA NatanaI Seal Cassandra T. Rosenbaun, Notary PlAlIIc My~~~ ClmberfanclCounly ~..,......, ExpIres Dec. 4, 2008 Member, Pennsylvania A..oclatton Of NDtlrll. (JA-4A..LiuJl-{JL T 4~.-t( hu.{_)~~ Notary Public l My Commission Expires: / _>-/'--//0 ~ COMMONWEALTH OF PENNSYLVANIA : S8. COUNTY OF DAUPHIN On the ~.l day of ,/- r/./ 9-'> u_ , 2004, before me, a Notary Public in and for the Commonwealth of pciinsylvania, the undersigned officer, personally appeared Joseph Nilo, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledge s the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. / :/ ./ --- ,-/ // I~~~ My Commission Expires: NOTARIAL SEAL Nora F. Blair. Notary Public Lower Paxton Twp., Dauphin County My commi,ssion expires May 10,2007 JOSEPH M. NILO, Plaintiff : IN THE COUR'r OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1737 Civil Term JEANNE A NILO, Defendant : CIVIL ACTION - DIVORCE ACCEPrANCE OF SERVICE I, Debra D. Cantor, Esquire, am the Attorney for the Defendant, Jeanne A Nilo, in the above-captioned matter. In that capacity, I am authorized to and have accepted service of the Complaint in Divorce, as of this the c:22 day of --1Jp1L1.... , 2004. ~~~ Attorney fior Defendant 2331 Market Street Camp Hill, PA 17011-4642 JOSEPH M. Nll.O, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1737 Civiil Term JEANNE A Nll.O, Defendant ; CNlLACTION - DIVORCE AFFIDAVIT OF CONS]~NT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was f1led on April 21, 2004, and served on April 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. /1, J DATED: III In.l.u?/W,..-o Y )& () 5 J/"'po 0 / ~d~A)h.k4 J<)SEB M.'NILO 'Plaintiff c , - ---- JOSEPH M. NILO, Plaintiff : IN THE cOtJR'r OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1737 Civil Term JEANNE A NILO, Defendant : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE~ CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree of Divorce is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DA=j}ekoe; lM~ '~\ . (~~lt .J J! )u J(i5Sj~ M. NILO L..Plaintiff ".i JOSEPH M. NILO, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1737 Civil Term JEANNE A NILO, Defendant : Crvn.. ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE~ CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer'S fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree of Divorce is entered by the Court and that a copy ofthe decree will be sent to me immediately after it is fIled with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATED: *2~5 ~(! 1t. ANt il ell 7ki&-J mE A NILO efendant /' , '.\>- ~ -------- JOSEPH M. NILO, Plaintiff : IN THE COURr OF COMMON PLEAS, : CUMBERLAND COUN'lY, PENNSYLVANIA v. : NO. 04-1737 Civil Tenn JEANNE A NILO, Defendant : CIVIL ACTION - DNORCE AFFIDAVIT OF CONS:ENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on April 21, 2004, and served on April 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. I verify that the statements made in this Mfidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. ~4904 relating to unsworn falsification to authorities. DATED: *~)..fXJ;J ~~{? ~ mE A NILO efendant - JOSEPH M. NILO, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1737 Civil Term JEANNE A NILO, Defendant : CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER ~ 3301(c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: L Ground for divorce: irretrievable breakdown under ~ 3301(c) of the Divorce Code. 2, Date and manner of service of the complaint: (a) Date of service: April 22, 2004. (b) Manner of service: Acceptance of Service by Counsel for Defendant 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: (a) By the Plaintiff: February 8, 2005 (b) By the Defendant: February 22, 2005 4. Date of execution of Waiver of Notice ofIntention to File Praecipe to Transmit Record: (a) By the Plaintiff: February 8, 2005 (b) By the Defendant: February 22, 2005 5. Related claims pending: NONE DATED: February 22,2005 /~~~~ ~""', E""'" Attorney for Plaintiff . . . . . . . . . :f.:ti:f. :Ii . .. . :+: *,'f.: if :+::ti ;f.~ ~ ~:f ~ ~;f.~:ti:ti :ti~ :ti:ti 'l;;l':f. +0'" :f.:t:f;~:+ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF . . . . JOSEPH M, NILO . Plaintiff . . . . . . . VERSUS JEANNE A. NILO . Defendant . . . . . . . . . . . . AND NOW, PENNA. No. 04-1737 Civil Term DECREE IN DIVORCE ~"'v4 /s . _or, IT IS ORDERED AND DECREED THAT JOSEPHM.NILO . JEANNE A. NILO AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 'lbeMaritalSeWementAgr:eement dated February 22, 2005, is incorporated into but not merged into this Decree in Divorce. 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; . . . . . . . . ... IJO~ t: ~;i J. PROTHONOTARY ~ :f. ~ ~~ :f.~~ ~~ :f.~:+: ~ ;t'f.:ti "'ef,*, .. 'f.:f.C+;"'''' :I'+.'f::ti . . . . . . . . . . . . . . - . , , , , , , , , , , . , . . , , , , , , , , , . , , . , , , , . . , . , , , , . . . . . . . . , . . , , . n (~Wf~""P/~fr7 "l""l fjP:J' ~ 4'4?' r'l ;0 I [ ~ f;:Y 1- ~~f'P ,>0 IE' ,;", .. .< "." ~ ~ECEIVED AUG 22 20m l. JOSEPH M. NILO, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1737 Civil Term JEANNE A NILO, Defendant : CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this < of' day of ",'/ "f'- y' , 2005, this Court finds that the parties have agreed that a Qualified Domestic Relations Order (QDRO) shall issue with respect to the EDS Defined Contribution Plans. This Order creates and recognized the existence of an alternate payee's right to receive a portion of the participant's benefits payable under an employer-sponsored defined contribution plan, which is qualified under Section 401 of the Internal Revenue Code (the "Code"). This Order is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and shall be interpreted and administered in conformity with such laws. This Order is entered pursuant to the authority granted under the applicable domestic relations laws of the State of Pennsylvania. It is therefore ORDERED AND DECREED as follows: 1. PLAN This Order applies to the EDS Defined Contribution Plan indicated below (the ,"\A ""'c'Y"""-~':''''' ,...,r"'\. \.,.i <\~)~'" '~,:_.r:~:~\\ ,,.,} ,<(_'.\'\,," ','~...' '___". ,i . .-1 ' >>",r' ) :t ';}\\"\ '1:."''''1. \'f-~ '" sS ,.\.,...& ~p , \ \ \"CU ?;';- '. ",j\ rll\O,,~v.J (\ ~\? }.'c' >."\:,':)Vpcr' "Plan"). Any successor to this Plan shall also be subject to the terms of this Order. x EDS 401(k) Plan o EDS Puerto Rico Savings Plan o Other: 2. PARTICPANT The name, address, Social Security number, and date of birth of the participant are as follows: Name: Joseph M. Nilo Address: 4650 Cole Avenue #146 Dallas, TX 75205 Social Security Number: 040-48-0229 Date of Birth: April 25, 1956 3. ALTERNATE PAYEE The person named as alternate payee meets the requirements of the definition of alternate payee as set forth in Section 5 below. The alternate payee's name, address, Social security number, date of birth, and relationship to the participant are as follows: Name: Jeanne A Nilo Address: 33 S. 24th Street Camp Hill, PA 170111 Social Security number: 469-68-6450 Date of Birth: January 18, 1955 Relationship to Participant: Wife 4. DEFINITIONS Alternate Payee ee is an.Y spouse, former spouse, c~d The alternate pay articipant who is recogmzed or other d~nden~ of th:J as having a right to receive ~ ao~o::~i::H~~~~~ b:'efits under the Plan with respect to the participant. Assignment Date . th date on which the The assignment date IS e '11 be valued in participant's vested account balance WI, designated order to determine the alternate payee s portion. Liquidation Date . h d t a portion of the The liquidation date IS tea e nt participant's account is liquidated to allOthiw.th~:~~ al ate payee's account under s . , to the tern li' dation date assigns a portIon assignment as of the qUi of the participant's current account. ., t's vested account balance is the Vested Account Balance 'ci Thet'~~~~ if he/she terminated employment parti ~ ed ill tr'bution on the assignment date. and receIV a s I . 5. BEN~'1'rPAYABLETO THE ALTERNATE PAYEE , to the alternate payee $22,981.23 (31.71581%) of the This Order assIgns th Plan as of December 31,2003 participant's vested account balance under e th 'gnment date to the liquidation date, the amount (assignment date). From e asSI will. I de earm'nl's and losses. assigned to the alternate payee me u . 6. FORMOFPAYMENT . the portion of the Plan benefits assigned to the The alternate payee shall receIve ent Such amount shall be adjusted alternate payee in a single lump-sum paym . for earnings/losses from the liquidation date to the date the benefit is paid. The alternate payee will have the opportunity to roll over this distribution into an IRA or another qualified plan. 7. COMMENCEMENT The alternate payee shall receive payment as soon as administratively reasonable following the determination that this Order is a Qualified Domestic Relations Order. 8. DEATH PROCEDURES If the participant predeceases the alternate payee prior to payment of the alternate payee's assigned benefits under the Plan, the alternate payee's benefits will not be affected. In the event of the participant's death, the account balance which remains the property of the participant, will be payable to the participant's designated beneficiary or in accordance with Plan provisions. This Order does not require the participant to name the alternate payee as the beneficiary for the benefits not assigned to the alternate payee. In case of the death of the alternate payee prior to distribution of the alternate payee's benefits from the Plan, the assigned benefits will be paid to the alternate payee's designated beneficiary or, if none, in accordance with Plan provisions. 9. RETENTION OF JURISDICTION This matter arises from an action for divorce or legal separation in the court under the case number set forth at the beginning of this Order. Accordingly, this court has jurisdiction to issue this Order. In the event the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, both parties shall cooperate' with the Plan Administrator in making any changes needed for it to become qualified. 10. LIMITATIONS Pursuant to Section 414(P)(3) of the Code and except as provided by Section 414(pX4), this Order: (i) Does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan; (ii) Does not require the Plan to provide increased benefits; and (iii) Does not require the payment of benefits to an alternate payee that are required to be paid to another alternate payee under another Order previously determined to be a Qualified Domestic Relations Order. 11. TAXATION For purposes of Section 402 and 72 of the Code, any alternate payee who is the spouse or former spouse of the participant shall be treated as the distributee of any distribution or payments made to the alternate payee under the terms of the Order, and, as such, will be required to pay the appropriate federal, state, and local income taxes on such distribution. 12. SUSPENSION OF BENJ!:J!TrS If the participant's benefits cease due to his/her reemployment, the alternate payee's benefits will not be suspended. -' 13. CONSTRUCTIVE RECEIPI' If the Plan inadvertently pays to the participant any benefit that is assigned to the alternate payee pursuant to the terms of this Order, the participant will immediately reimburse the alternate payee to the extent that the participant has received such benefit payments and shall forthwith pay such amounts so received to the alternate payee within ten (10) days of receipt. If the Plan inadvertently pays to the alternate payee any benefit that is actually payable to the participant, the alternate payee must make immediate reimbursement. If the participant's benefits have not begun, the alternate payee shall immediately reimburse the Plan. If the participlmt's benefits have begun, the alternate payee shall immediately reimburse the participant. In either case, the alternate payee must reimburse to the extent that he/she received such benefit payments and shall forthwith pay such amounts so received to either the Plan or the participant within ten (10) days of receipt. 14. Kl!1'1!::Cf OF PLAN TERMINATION If the Plan is terminated, whether on a voluntary or involuntary basis, and the participant's benefits become guaranteed by the Pension Benefit Guaranty Corporation ("PBGC"), the alternate payee's benefits, as stipulated herein, will also be guaranteed to the same extent in accordance with the Plan's termination rules and in the same ratio as the participant's benefits are guaranteed by the PBGC, 15. CERTIFICATION OF NECESSARY INFORMATION All payments made pursuant to this Order shall be conditioned on the certification by the alternate payee and the participant to the Plan Administrator of such information as the Plan Administrator may reasonabl.y require from such parties to make the necessary calculation of the benefit amounts contained herein. ..Ad J. The parties and respective counsel have signed below indicating their consent to this Order: f21.M . Nilo if 7~ ne A Nilo ;k--;::E ~ . r, squire Attorney for Joseph M. Nilo Attorney antor, Esquire e A Nilo ~f9 o <t.r- 0- ~:.. 'Z> if.. '<J'~'~:n ~ l"'tiJ c 1\q (:)19, \'V 'CL "D ~', ~1'(n -:sf ~...-\ .,() ':>;; -