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HomeMy WebLinkAbout05-2647 II I' GERARD R. RAIMONDI, Plaintiff IN THE COURT OF COMMON P1.EAS OF CUMBERLAND COUNTY, I'''NNSYLV AN1A CIVIL ACTION - LAW vs. MINDY RAIMONDI, : IN DIVORCE : NO. {J) - ,..JiRl/) Ctt.J NOTICE Defendant YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages. you must take action within twenty (20) days after this Complaint and Notice are served. by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or tor any other claim or relief requested by the PlaintitT. You may lose money or property or other rights important to you. YOU SHOULD lAKE THIS PAPER 10 YOUR LA WYER A 1 ONCE. IF YOU DO NOT HAVE A LAWYER 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMA lION ABOUT AGENCIES TI-IA T MAY OFFER LEGAL SFRVTrFS TO Fl W,lRl F PFRSONS AT A RFnT 1('Fn FFF OR NO FFF Cumberland County Bar Association "'I '"' '" ....... ,~ 1" ..1';" ~)UUU1 U....Ul'..'''-' .Jd ........l Carlisle, PA 17013 (717) 249-3166 V. MINDY RAIMONDI, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION LAW IN DIVORCE no. GERARD R. RAIMONDI, PLAINTIFF AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensaci6n reclamados por el demandant. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede so\icitar consejo matrimonial. Una \ista de consejeros matrimoniales esta disponible en la oficina del Prothonotry, en la York County Courthouse, 28 East Market Street, York, Pennsylvania, 17401. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO.~ RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDlA TO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFlCINA ., INDlCADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 II GERARD R. RAIMONDI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. MINDY RAIMONDI, : IN DIVORCE . Nfl 05 - ;;"1/17 ~ ~,l;lA- n""f"l>n,-lo;l.nf COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE COUNT I II Ii II I AND NOW, this /q'l-h day of H~ .2005, comes the Plaintitr Gerard R. Raimondi, by his attorney. Jane M. Alexander, Esquire. and files this Complaint upon a cause of action of which the loll owing is a statement. 1. PlaintilTis Gerard R. Raimondi, who currently resides at 2101 East Coventry Lane, Enola. Cumberland County, Pennsylvania 17025. 2. Defendant is Mindy Raimondi, who cUlTently resides at2101 East Coventry Lane, Enola, Cumberland County. Pennsylvania 17025. 3. Plaintiff has becn a bona tide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The PlaintitTand Defendant were married on December 14,2002 at Lindenhurst, New York. II 5. There were no children born between the parties during the marriage. 6. There have been no prior actions of divorce or lor annulment between the parties. 7. The parties have not entered into a written agreement as to alimony. counsel fees. cost and property division. S. PlaintilT has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. () T~~, ~""':~:h~:~ ;" ~-C'!!"!:','~H',,' b!":,k~~-, ~ ' WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce II from the bonds of matrimony. COUNT II ] O. The allcgations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hercof. II. During the marriage, Plaintiff and Defendant have acquired various itcms of marital property, hoth real and personal, which are suj)ject to equitable distribution under Chapter 35 of the Divorcc Code. WHEREFORE. the Plaintiff prays your Honorable Court to enter a Decrec of Divorce from the bonds of matrimony. Respectfully submitted, .,7 ) v / >' II VERIFICATION I verifY that the statements made in this Complaint are true and conect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to un-sworn falsification to authorities. Date: 5 IN ID5 I I j.ola.'f ~I./v"",-L . Gerard Raimo 1 II II COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County. personally appeared Gerard Raimondi who, being aftirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and conect to the best of his knowledge. information and belief. ~ i\()~J .' Gerard Raimondi I Sworn to and s~~~ribed before me is 1'1'1%1 day of ,2005. Notarial Seal Leslie K. Neidig, Notary Public Wamngton Twp. YOrl< County My CommiSSJ"" Ex!>,.. Feb. 4. 2007 Member. Pennsylvania ASSOCIatIOn Of Notaries ~ "- '- ~ ~ ~> \J--~ ~ ~ ' \ r-" " ~. ~ ~\r., -::::::.' Cj ;:;:'::> H <;,,.>\ C:i N ..-' "l:, <> ::C - (';1 ~ ~, ~ \\ ~r",,~ C' " '" .> \'. , c:.:-) ....... 'J " Vol ~ ., ,,' ~ t:~? G.) t ~:.l - -- ---- . II . . GERARD R. RAIMONDI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS. NO. 05-2647 CIVIL ACTION LAW MINDY RAIMONDI, Defendant IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this /5.;1, day of a~ , 2005 personally appeared Jane M. Alexander, Esquire who swears ~ to law, that a true and correct copy of a COMPLAINT IN DIVORCE was caused to be served by certified mail with return receipt requested upon the said, MINDY RAIMONDI 2101 EAST COVENTRY ENOLA, P A 17025 on May 23, 2004 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. I ane M. Alexan er, Esquir Attorney J.D. #0 355 148 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 Sworn and subs~bed before me t . day of ,2 5. , Notarial Seal Leslie K. Neidig, Notary Public Warrington Twp, Vert< county My Commission E>q:llres Feb. 4, 2007 Member, P_nl'isylvAnia Assoelatlon Of Notaries c ......, 0 .. = ~: = -n <J~ c_ ,..., :J;."\1 I.. ~ fIlE <:5' ~_Bt:r' '_'.~C) -" '- ~:,:~~ ~~ c: m -.- , Z. ;~'" _.J W :.D --< \J:) -< - I' . 'I GERARD R. RAIMONDI, Plaintiff VS. MINDY RAIMONDI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-2647 CIVIL ACTION LAW IN DIVORCE PROOF OF SERVICE U S Postal Service, CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru m r'l I"- r'l U'1 m ...IJ /_$ m ~ertlfled Fee E!} / V Return Aeclept Fee CJ (Endorsement Required) ;\.....~estricted Delivery Fee \.i1 (Endorsement RequlrEld) l"- e Totaf Postage & Fees $ =r CJ CJ I"- . 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. Micle Hi yPaimordi <:9 Idf f'ttsf (o'(errIry Lone &1oldt PA 170cl5 2. Article Number (Copy from service labeQ 7 {JI/I pslG~ . ~ UI. LlI' r C I A l ~3.50 $8.15 o Agent o Addressee DYes d'I'O , I 3. Service Type . ..., pr Certified Mail !;J Express Mail o Registered 2" Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (extra Fee) )It Yes ~1~J)', ~ . 71.3;1 102595-00-M-0952 , - > 0 .-> 0 ~., ~:;; = -n cJ' .-0 \', <-- X [ s:;; 1'1'1 :TJ i -ob:\ .. - "t3 ~~~, 0" ~~: :~~~~:~A CJ ;:'T::~ wJ -;:I ..v ..< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERARD R. RAIMONDI Plaintiff v. MINDY RAIMONDI Defendant : NO. 05-2647 : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Enter my appearance on behalf of Mindy Raimondi. Papers may be served at the address set forth below: Date: August 4, 2005 Diane G. Radcliff, Esquire I.D. No. 32112 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 Fax: (717) 975-0697 , '~':ff' E~"'" ~ ~ ~ .,~ ""..'" :(-,.::. ,.j-:- C:? _1 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERARD R. RAIMONDI Plaintiff v. : NO. 05-2647 . CIVIL ACTION. LAW : IN DIVORCE MINDY RAIMONDI Defendant MARITAL AGREEMENT BETWEEN GERARD R. RAIMONDI AND MINDY S. RAIMONDI ~ ~ TABLE OF CONTENTS INTRODUCTION ....... .......... '.' ... .... ... ..... ... ... ...... ... ... .'. ........ 1 SECTION I General Provisions............................................................. 1 SECTION " Distribution of Property and Debts........................................... 6 SECTION 1/1 Counsel Fees, Support, Alimony, Health insurance ....................... 12 SECTION IV Closing Provisions and Execution............................................ 12 NOTARy.......................................................................... 14 EXHIBIT "A" Marital Distribution Schedule... ,., ....... ........... ......... ............ .... 15 ~ INTRODUCTION THIS AGREEMENT made this 21st day of March, 2006, by and between Mindy S. Raimondi, ("Wife") of 2101 East Coventry Lane, Enola, PA 17025, and Gerard R. Raimondi, ("Husband") of 2101 East Coventry Lane, Enola, PA 17025. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on [December 14,2002 in Suffolk County, New York, and were separated on May 18, 2005 (divorce action filing date). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken - 1 - - ~ and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice. Within five (5) business days of receipt of those signed Affidavits and Waivers, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband's sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise proVided by law or statute. 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. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Jane M. Alexander, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept 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, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair - 2- - ~ disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters Covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and aCknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. 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 shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of SLlch other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Al!ainst Prooertv or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased - 3 - ~ spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exceotion: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1 .10. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION, This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations -. -4 - ~ owed to or for the benefit of the other party and/ or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damal!es: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibil ity of settlement for less than the obI igation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such jOint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and --- - 5- ~ shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current 2006 tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION " DISTRIBUTION OF PROPERTY 2.01. FINAL EOUITABLE DISTRIBUTION OF PROPERTY. . The parties acknowledge that it is their intent to distribute their marital assets and debts in accordance with the marital distribution schedule attached hereto, marked Exhibit "A" Tables A-1 and A-2 and made a part hereof, under the terms and conditions herein set forth. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Prooerty: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, --- - 6- ~ rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of personal property in the possession of Wife, not otherwise distributed to Husband herein, as previously agreed upon by the parties. 2. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein, as previously agreed upon by the parties. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: Wife's 1999 Pontiac Sunfire (premarital). 2. To Husband: Husband's 1997 Chevrolet Cavalier (premarital). C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: The funds received by Wife from the prior division of the parties' joint Commerce Bank checking and savings accounts. 2. To Husband: The funds received by Husband from the prior division of the parties' joint Commerce Bank checking and savings accounts and the balance in Husband's EDS checking and savings accounts #2007. D. Investments. The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Wife's Commerce Bank stock. 2. To Husband: Husband's IBM ESPP #4250 and Husband's IBM stock options. -... - 7 - -.. ~ E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: Wife's State Farm life insurance policy and the cash value thereof, if any. 2. To Husband: Husband's State Farm life insurance policy and the cash value thereof, if any. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Wife's Commerce Bank 401 K Plan; and Wife's Commerce Bank roll over IRA account. In addition to effectuate the over all 55/45 division of retirement plans (See Line 23 of Table A-2 of Exhibit "A" Marital Distribution Schedule) Wife shall receive the amount of $22,539.00 from Husband's IBM Savings Plan, together with all earnings or loss thereon as the result of investment on or after March 21, 2006. That payment shall be a tax free roll over of benefits to wife from husband's IBM Savings Plan into an IRA account for wife pursuant to a QDRO to be entered in the aforesaid divorce action. Wife's Attorney shall prepare that QDRO. 2. To Husband: Husband's IBM Pension; Husband's IBM Savings Plan, less the amount to be djstributed to wife pursuant to the foregoing subparagraph 1; Husband's EDS 401 K. G. Real Estate: Subiect to the provisions of paragraph 2.02.H., the proceeds from the sale of the parties' jointly owned real estate known and numbered as 2101 East Coventry Lane, Enola, PA 17025, ("the Real Estate"), encumbered with a mortgage owed to Sun Trust, ("the Mortgage"), shall be divided and distributed in accordance with the fOllowing, listed in order of priority of payment: A. Mortllalle: The then existing outstanding balance owed on the Mortgage. B. Pavment of Wife's Attornevs Fees: Payment of the amount of $200.00 for the attorneys fees and costs incurred by Wife arising out - 8 - ~ of the Sale of the Real Estate. C. Payment to Wife: Payment to Wife of 50% of the remaining balance plus the amount of $3,275.00 (which amount is the amount necessary to effectuate an overall 45/55 division of the parties' non- retirement marital assets and debts weighted in Wife's favor _ See Line 23 of Table A-1 of Exhibit "A" Marital Distribution Schedule) to Wife; D. Payment to Husband: Payment to Husband of 50% of the remaining balance minus the amount of $3,275.00 (which amount is the amount necessary to effectuate an overall 45/55 division of the parties' non-retirement marital assets and debts weighted in Wife's favor - See Line 23 of Table A-1 of Exhibit "A" Marital Distribution Schedule). H. Monetary Payment: In lieu of the payment of alimony or support or in the form of non-taxable alimony, Husband shall pay wife the amount of $32,000.00. Said $32,000.00 shall be paid to Wife from Husband's remaining share of the proceeds from the sale of the Real Estate to the extent the same has not been used to fund the $3,275.00 payment to Wife as specified in subparagraph 2.02 G. I. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Eauitable Distribution of Prooerty: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and --- - 9- -.. ~ relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. E. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. F. Liens: in the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. G. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into -]0 - -- consideration in determining the distribution of marital assets and debts herein provided. H. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the Provisions of this indemnification. I. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. No Further Joint Deb.!;: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall Cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. -11- SECTION III COUNSEL FEES. SPOUSAL SUPPORT, APL. ALIMONY. AND HEALTH INSURANCE 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL. AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 3.03. HEALTH INSURANCE. Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal Rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as jf they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed - 12- - ~ sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: -...... )&ruJ K 3"".. J. GERARD R. RAI ONDI Date: ~ -;). r - O~ (SEAL) (SEAL) Date: - 13- -- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. On this the 21st day of March, 2006, before me the undersigned officer, personally appeared, Gerard R. Raimondi, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. r " COMMONWEl\L'_i i-~_.'~:",_ ,\lSYiYt~i~_t\ "..-- - ! Notarial Se;, Diane G. R;ldditf, Notary r-'~::',-, Camp Hill Boro, _C(~~lherl,ar1(1 >""':',; My C ,fnrnissk)r~ '_~_,~~_I..:...:~__ -~ --(-':;\!C;,-:'LII~ C', 1'1,;',' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. On this the 21st day of March, 2006, before me the undersigned officer, personally appeared, Mindy S. Raimondi, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I h ve nto set my h d notarial seal. '-~'~',r.:h!Ji Sf' 1_:';';11'__' \~ R'idl::;:r. hjo(:r)/!' ':,';liP 1-1111 He, "li'j"fi_iICl.i ,.i~V (" ", ;I':k:':.';IOI1 i "_,I,' - 14- -..... - EXHIBIT "A" A B Ln B. Ref No EXHIBIT "A-1" RAIMONDI MARITAL DISTRIBUTION SCHEDULE - NON RETIREMENT ASSETS c D DIAN E F G H Description Gross Value Distribution Value Distribute To Distribute To Husband Wife 7 /NV-1 H's IBM ESPP #1559444250 DOS 513. 05,( 9,564 8 /NI'-1 H's IBM ESPP DOS 1213.02,( (3,667) 9 /NV-1 Marital share of H's IBM ESPP 5,897 10 /NV-2 W's Commerce Stock DOS 92805,( 646 11 /NV-3 H's IBM Stock Options DOS ,( TBD 12 /NV-3 H's IBM Stock options DOM ,( TBD 13 /NV-3 Marital Share of H's IBM Stock TBD options 14 15 A-1 H's EDS Account #2007 Savings 16 A-1 H's EDS Account #2007 Checking 17 A-1 H's EDS Account #2007 18 TOTALS 19 Total of Assets and Liabilities 7,130 6,483 646 20 ADJUSTMENT FOR OVERALL 45/55 DIVISION 21 Totals from above 7,130 6,483 646 22 Less Amount Due in 45/55 Division 3,208 3,921 23 Adjustment Figure for 45/55 (3,275) 3,275 -- Exhibit "A-Z" RAIMONDI MARITAL DISTRIBUTION SCHEDULE - RETIREMENT ASSETS A 8 C 0 E F G H Ln B. Ref Description DIAN Gross Value Distribution Distribute To Distribute To No ,3~~"; 4-" i\>/i\/\ ....~ s'-'-'-'--'--'-'- 5 R-t H's IBM Pension Plan DOS 5.31.05,{ 18,093 6 R-t H's IBM Pension Plan DaM 123102,{ (5,274) /LL/ VLL6 VLL6 7 R-t Marital Share of H's IBM Pension -- 12,819 12,819 12,819 8 R-2 H's IBM Savings Plan DOS 520.05,{ 41,872 V~ f'LLLL LL& 9 R-2 H's IBM Savings Plan DaM 1231.02,{ (14,289) ~ LLL/ ~LLL LLL/ 10 R-2 Marital Share of H's IBM Savings -- 27,583 27,583 27,583 Plan 11 R-3 H's EDS 401K DOS 52005,{ 9,678 ~LLL ~ UR 12 R-3 H's EDS 401K DaM 1214.02,{ (7,527) //// //// V//L 13 R-3 Marital Share of H's EDS 401 K -- 2,152 2,152 2,152 14 R-4 Wife's Commerce 401 K 520.05,{ 1,920 1,920 1,920 15 R-5 W's Commerce IRA DOS 517.05,{ 553 ,r~ ~LL LLLL 16 R-5 W's Commerce IRA DaM Roll Over 1231.02,{ (549) 'l//L LLLL LLLL 17 R-5 Marital Share of W's Commerce h 4 4 4 IRA 18 TOTALS 19 Total of Assets and Liabilities 44,478 42,554 1,924 20 ADJUSTMENT FOR OVERALL 45/55 DIVISION 21 Totals from above 44,478 42,554 1,924 22 Less Amount Due in 45/55 Division 20,015 24,463 23 Adjustment Figure for 45/55 (22,539) 22,539 Notes: 1. The $3,275 non-retirement plan adjustment payment due Wife as set forth in Table A-1 shall be paid to her from Husband's share of the marital home sales proceeds. 2. The $22,539 retirement plan adjustment payment shall be paid to wife from husband's Husband's IBM Savings Plan in the form of a tax free roll over of retirement benefits by QDRO. 3. There is a $32,000 monetary payment in lieu of alimony to be paid to Wife from Husband's share of the marital home sales proceeds. , '-'-"" ,. , (~ -q ::j '. ,n.,,) CQ C) C.,) II I GERARD R. RAIMONDI, i Plaintiff I I I II II I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. vs. NO. 05-2647 MINDY RAIMONDI, Defendant CIVIL ACTION-LAW IN DIVORCE I Ii II AFFIDA VIT OF CONSENT ii II I. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on May II 20,2005. I! II 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days II have elapsed from date of filing and service of the Complaint. II 3. I consent to the entry of a final decree of divorce after service of notice of intention to I request entry of the decree. I I verify that the statements made in the Affidavit are true and correct. I understand that talse statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5- ~().-J0:)(, .. ',,:) .; C":.i ~n ""'" r\.;; ('.J II ii Ii I II .i II r II Ii Ii i; II ~ i! II Ii Ii GERARD R. RAIMONDI, i i Plaintiff ji II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A. vs. NO. 05-2647 ': MINDY RAIMONDI, Defendant CIVIL ACTION-LAW IN DIVORCE AFFIDA VIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May I 20,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days , I: have elapsed from date of filing and service of the Complaint. I! II 3. I consent to the entry ofa final decree of divorce after service of notice of intention to !I 'I !I request entry of the decree. I. i I I verify that the statements made in the Affidavit are true and correct. J understand that ii If false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to II unsworn falsification to authorities. II i il II II Date: q'-,-JI--o&, i) II ii ii /1 ~L~t- ndi . ,'['l/b~( -') -1'1 :.:;f ?,;,.:rJ ,.-.) C) ,-,': C,) '~l .., ::< co II GERARD R. RAIMONDI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A. I I' ,I II MINDY RAIMONDI, II Defendant II II II II I vs. NO. 05-2647 CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO ID:OUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verity 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. Section 4904 relating to unsworn falsification to authorities. Date: ;3 '0;:)0- ~ rob J,.! 'R ~(,._j Gerard R. Raimo dl , ., I ~"~_-::' ~, , " ;". ,) r.....;; ',0 -. .i.~ , - .-. ~ II I' II ! GERARD R. RAIMONDI, I Plaintiff I j, !I !I !I MINDY RAIMONDI, II Defendant II II II II II II il II /i 2. I understand that I may lose rights concerning alimony, division of property, lawyer's !I fees or :xpenses if I do not clai~ them be~ore a divorce is granted. . I J. I understand that I wIll not be dIvorced untrl a dIvorce decree IS entered by the Court i and that a copy of the decree will be sent to me immediately after it is filed with the , II Prothonotary. II I verify that the statements made in this affidavit, are true and correct. ] understand that I tilise statements herein are made subject to the penalties of ] 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. vs. NO. 05-2647 CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301((:) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. Date: )1 . _J--y I -f) (f -""'-' c' ....J -.'1 :-:~! i"ll :-'-..) CJ (.,) C) (J:l IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA GERARD R. RAIMONDI, PLAINTIFF NO. 05-2647 VS. MINDY RAIMONDI, DEFENDANT ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorc<:: irretrievable breakdown under Section 330 I (C) of the Divorce Code. 2. Date and manner of service of the Complaint: was sent certified mail, restricted deliverv to the Defendant on Mav 23" 2005, was delivered to the Defendanton Mav 31. 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 March 20, 2006: by Defendant March 21, 2006. (b) (1) Date of execution of the Plaintiff's Aftidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Aftidavit upon the Defendant:.. 4. Related claims pending: All claims are settled and satisfied bv Marriage Settlement Agreement dated March 2 L 2006, signed bv both parties. 5. Complete either (a) or (b) (a) Date and manner of service of Notice of Intention to file Praecipe to transmit record, a copy of which is attached, (b) Date Plaintiffs Waiver of Notice in Divorce was filed with the Prothonotary: March 22,2006 2006 (c) Date Defendant's Waiver of Notice in Divorce was filed with Prothonotary: March 28. 11c/ mey for Plaintiff (-.:-J -n ;:::J --I -r d,: :~,,) CD , , " ...."... C) . . . ;f.;f.<f.i;;f. :+::f./f.;f.;+: :+;:+: ;+:+;:+: :+:;+:+::+::+::+::+::+::+::+::+: T:+::+;:+;;f. :+::+:~:+::+::+::+::+::+:++:+::+:++:+::+:++++ +:+:+++++++++++++:+:~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS . . . . . . OF CUMBERLAND COUNTY PENNA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STPTE OF GERARD R. RAIMONDI NO. D5' :Jfpi.{7 VERSUS MINDY RAIMONDI DECREE IN DIVORCE ~l' l1 ~ , IT IS ORDERED AND AND NOW, GERARD R. RAIMONDI DECREED THAT , PLAINTIFF, MINDY RAIMONDI 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 F'OR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; \.\Jc)k.E: . /y /, /,/ ~ ATTEST: J. . . . . . . :+: .. v v . :+: :+:+++++~++ ++++++ ++++:+: ++++:+:+ :+:++++:+:+ ++ . . + PROTHONOTARY . . . . :+:+++:+:+++++++++++++++++++++++:+:++++++~ . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . + . . . . + . . . + . . . . . . . .;1/ L /f ~. i IT ~7Z /;f 7;14 (?,2:.P;/~ /j.Y~?/Jt/' ft';7 -7 ~;Z'1t" ,(~l /,'I) ~. ~~' < " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERARD R. RAIMONDI Plaintiff : NO. 05-2647 v. : CIVIL ACTION - LAW MINDY RAIMONDI : IN DIVORCE Defendant NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above captioned Divorce Action, hereby elects to retake and hereafter use her previous name of Mindy Sue Longhway. This election is made pursuant to the provisions of 54 P.S. 5704. Si ature rried name) Mindy Sue Raimondi ?If "ft.~~ Si . ature rmer na e) Mindy Sue Longhway COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss: 17 "TId On the o{rJ day of 7Y7CVj , 2006, before a Notary Public, personally appeared Mindy Sue Raimondi known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal ,rl.{Ia../Uv ~ 4~ Notary Public MONWl:ALTH OF PENNSYLVANIA Notarial Seal tltibonIh L. Donley, Notary Public ClImp HII Bclo, Cumberland Comly My~ Expires Sepl 23, 2007 Member, Penns.ylvania Association Of Notaries - ~. R- fe-V \70) . ~ .-..i ~~ ~ ~ \ <;;:./..s-:-.l ~ y ~ 2 ...., ~ = "'" ?;, "'" -r';-; '3'- ~:n rl"';i; :P' -Y>' ..... < r- N ,.oFT! (fi -j~ "-'." tN I~;~' ;' ~% :t\ ~;:, -0 . '3'- ~:-)c- "::- (~,',~ 6tr1 J;' ~~; ~ = .~ ~ .. t.n &" -< . , . fI ... r' . .. l,." . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERARD R. RAIMONDl Plaintiff NO. 05-2647 v. CIVIL ACTION - LAW MINDY RAIMONDI, now by resumption of maiden MINDY SUE LONGHWAY Defendant IN DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, thi~q~ay of V-u.(}.--L -/ ,2006, comes the Plaintiff, Gerard R. Raimondi, and the Defendant, Mindy Sue Longhway, who stipulate and agree that the foregoing Qual1fied Domestic Relations Order shall be entered by the Court. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year above written. WITNESS: )~ ~ ~ ..:l- Gerard K. Raimo~i, Participant (SEAL) ~~I AL) DATE: DATE: -,- y..,.) 8 CII' ~ , I 0' Tl =J ~n -n -1'" __J... \ l i l",; " .\ . . o I"" r. E ! \! f-' l i' H f1 'f"{ "l'1r6 . \ .- .." . ,- ~ ~ i~ - ~ . .~" f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERARD R. RAIMONDI, Plaintiff NO. 05-2647 ~ v. CIVIL ACTION - LAW MINDY RAIMONDI, now by resumption of maiden name, MINDY SUE LONGHWAY, Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this J.Q day of items one through five, , 2006, based on the findings set forth in IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through twenty: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on December 14, 2002 and separated on May 18, 2005, and were divorced on April 4, 2006 2. Participant Information: The name, last known address, Social Security number and date of birth of the Plan "Participant" are: Gerard R. Raimondi 16840 Apt. E Birkdale Commons Parkway Huntersville, NC 28078 Social Security Number: 112-74-5487 Date of Birth: 1/26/1975 3. Alternate Payee Information: The name, last known address, Social Security number and date of birth of the "Alternate Payee" are: Mindy Sue Longhway 45 Shelley Drive York Haven, PA 17370 Social Security Number: 098-76-9656 Date of Birth: 3/26/1977 . ' \.. \ of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name. The name of the Plan to which this Order applies is the IBM Savings Plan (401 K Plan) (hereinafter referred to as "Plan"). Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Effect of this Order as a Qualified Domestic Relations Order. This Order creates and recognizes 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 under section 457(b) of the Internal Revenue Code (the UCode"). 6. Pursuant to State Domestic Relations Law. This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 7. Provisions of Marital Property Rights. This Order relates to the provisions of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit. This Order assigns to the Alternate Payee an amount equal to $22,539.00 of the Participant's total account balance accumulated under the Plan as of March 21, 2006 (or the closest valuation date thereto). The Alternate Payee's benefit herein awarded shall be credited with any interest and investment income (or losses) attributable thereon from March 21,2006 (or the closes valuation date thereto), until the date of total distribution to the Alternate Payee. The Alternate Payee's portion of the benefits described above shall be allocated on a pro rata basis from all of the accounts and/or investment options maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a nonforfeitable account(s) established on behalf of the Alternate Payee. This account(s) will initially be established in the same fund mix percentages as the Participant account. Alternate Payee shall have no obligation to repay any Participant Plan loan(s) from and after the date of this Order, which obligation shall remain solely with the Participant. 9. Commencement Date and Form of Payment to Alternate Payee. If the Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a QDRO by " '\ \.. I, the Plan Administrator, or at the earliest date permitted under the terms of the Plan or Section 414(p) of the Code, of later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, except a joint or survivor payment. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the plan. 10. Alternate Payee's Rights and Privileges. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate the Alternate Payee's estate as beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee. In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's estate. The Alternate Payee may not designate a beneficiary other than his or her estate. 12. Death of Participant. Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 13. Savings Clause. This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefit or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; c. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a QDRO; or d. to make any payment or take any action which is inconsistent with any Federal or state law, rule, regulation or applicable judicial decision. 14. 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 reasonably require from such parties. 15. Continued Qualified Status of Order. It is the intention of the parties that this QDRO continue to qualify as a QDRO under section 414(p) of the Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under this Order. For purposes of sections 402(a)(1) and 72 of the Code, or any successor Code section, 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 this Order, and as such, will be required to pay the appropriate Federal income tax on such distribution. 17. Parties Responsible in Event of Error. In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts direction to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination. In the event of a Plan termination, the Alternate Payee shall be entitled to receive her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction. The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code section 414(p), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as a necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 20. Notice of Pending Retirement. In the event that the terms of the Plan require , . . . 'r .." the Alternate Payee to wait until the Participant's actual date of termination of employment or retirement before becoming eligible to receive a distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following such termination of employment or retirement. This notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in mailing address. 21. Processing Fee. If there is a processing fee for this QDRO and the distribution herein provided, one-half of that fee shall be charged against the Alternate Payee's account and one-half of that processing fee shall be charged against the Participant's account. In the event that the Alternate Payee is awarded 100% of the Participant's account balance as of the date this Order is processed pursuant to this Order, the entire processing fee shall be charged to the Alternate Payee's account. If there are not sufficient funds in either party's account to pay the party's respective share of the fee, the difference shall be charged to the account of the other party. udge . . ~ . :;r:) ;-. C -- c~-~ ..< --- . - C. 0 /-,~ --" ,..,... "~J --- (:::: (,)