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HomeMy WebLinkAbout02-0070 F:\FILES\DA TAFILE\Gendoc.arc\GendocO 1 \10319-dcom.lItde Created: 11I27/0111:26:22AM Revised: OIl04/0211:11:39AM WILLIAM H. LOCHMAN, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 70 CNIL ACTION - LAW LORETTA LOCHMAN, Defendant IN DNORCE 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 requested in these papers by the Plaintiff. You may lose money 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 WILLIAM H. LOCHMAN, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2002- 76 CIVIL ACTION - LAW LORETTA LOCHMAN, Defendant IN DIVORCE COMPLAINT 1. Plaintiffis William H. Lochman, Jr., who currently resides at 1102 Chelmsford Drive, Mechanicsburg, Pennsylvania. 2. Defendant is Loretta Lochman, who currently resides 3811 Copper Kettle Road, Camp Hill, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 13, 1970 in Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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. 8. Plaintiff requests the Court to enter a decree of divorce. MARTSON DEARDORFF WILLIAMS & OTTO By',L } iv,)l~ Thomas 1. ~ams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: January 4,2002 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subj ect to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. -//L /- William H. Lochman, Jr. ~--- ./ F:\FILES\DAT AFILE\Gendoc.cur\103I 9-COMI ~ () ~ ""- ~ ~ ~ )U - ~ ~ ~ ...... ~lI)~ . . . d8a I ' v~ ~t ~~ (") c.: ~ '"0 O:J ~SJ I V.s~ -..l ~6 ;Do ~ :x ~o )> ~ '? ~ N o (:) N -n C- .--l J"" :.a:: J;'~V(:)~ ;c:.; :~. ~ ~,() ~ <.:S r fI .--1 ~ -< iECEIVEt MAY 02 2001 '/In\''''- F:\FILESIDA T AFILE\Gendoc,curll 0319-acc,ser/tde Created: 1J127/0111:26,22AM Revised, 01l04/021l:J4:19AM WILLIAM H. LOCHMAN, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYL VANIA LORETTA LOCHMAN, Defendant NO. 2002- iO CIVIL ACTION - LAW IN DNORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, Debra Denison Cantor, Esquire, attorney for Defendant Loretta Lachman in the above-captioned action, hereby accept service of the Divorce COmplaint in the above action on January ~, 2002, on her behalf and certify that I am authorized to do so. REAGER & ADLER Attorneys for Defendant ,,;; ;:;~" :,;'I~,;j:,,: AA: (") C> 0 C N -n ~ c_ --,- -0 (Xi po -'1] mrTI Z Z~ ;"1 ~ ~Z tr --~,~S kCJ ;po ;~;~~ ~O :::!'!: - ~O - S:~ c ~ ~- "" 'IJ ()"\ =< REAGER & ADLER, P.C. BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street CarnpHill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: DCantor@ReagerAdlerpc.com Attornevs for Defendant. Loretta Lochman WILLIAM H. LOCHMAN, JR., Plaintiff : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, : PENNSYLVANIA v. LORETTA LOCHMAN, Defendant : NO. 2002-70 : IN DIVORCE DEFENDANT'S ANSWER AND COUNTERCLAIMS AND NOW comes Defendant, Loretta Lochman, by and through her counsel, and files an Answer and additional claims under the Divorce Code as follows: 1. Denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. By way of further answer, Defendant does not request or require counseling. 8. Denied. COUNTERCLAIM I EQUITABLE DISTRIBUTION reference. 9. Defendant's answers to paragraphs 1 through 8 are incorporated herein by their'marriage. 10. Plaintiff and Defendant have acquired property, both real and personal, during 11. The parties have acquired marital debt during their marriage. 12. Plaintiff and Defendant may be unable to resolve 3.lnicably the property issues in this matter. WHEREFORE, Defendant respectfully requests this Honorable Court to equitably divide all marital property and debt. COUNTERCLAIM II ALIMONY. ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 13. By reason of this action, Defendant will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 14. The Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 2 15. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 16. Plaintiff has adequate earnings to provide for the Defendant's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests this Honorable Court to grant her Alimony and Alimony Pendente Lite, in an amount which is reasonable and adequate to support and maintain Defendant in the station of life to which she has bc:come accustomed during the marriage and during the litigation of this action; and award Defi:ndant attorney fees and expenses hereto. Respectfully submitted, Dated: q ~ /D'f REAGER & ADLER, PC ~~ Attorney J.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Defendant, Loretta Lachman 3 CERTIFICA TE OF SERVI!:]; I hereby certifY that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013-3093 Attorney for Plaintiff Dated: /0- 'lei ~(:)r ,. () 'vt ~ 0 ~ r-' C> w ~ r"'- ~ (") ...., ~ (~:, C = :;;:7 .:- ~'n i;""" <--:> :r l~) ,. (""') rn:::Q -. "Fi 2: I :9'1' ~!) r llo. ~~ -r., <'I) -r, -F.;: r :J:: r~~B $ C) C)n'l C' 1'-' ;..-t ;(:;" > :2 C> ':':rJ U;, --<: F\FILES\DAT AFlLE\General\Current\l OJ 19.1.consem Created 9/20/04006PM Revised 11/15/05400PM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAM H. LOCHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-70 CIVIL ACTION - LAW LORETTA LOCHMAN, Defendant JURY TRIAL DEMANDED AFFlDA VIT OF CONSENT 1. A Complaint in Divorce under S 330l(c) of the Divorce Code was filed on January 7,2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. S 4904 relating to unsworn falsification to authorities. Date: /Ijr!d~- Wi~~ r,:::::; C) G_'J -n ':_'''' c:J - ,<;.:- N Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 17512 10 East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. LOCHMAN, Plaintiff v. NO. 02-70 CIVIL ACTION - LAW LORETTA LOCHMAN, Defendant JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330Hc) AND ~ 330Hd) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that Imay lose rights concerning alimony, division of property, lawyer's fees or expenses if] 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 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. Date: /IJdr L-- William H. Lochma "', c:;'j ,-::;:, cJ> -' c:. o -n --1 T-n ~-I;::E: ':!.( '''( -", ....- N ,,)1"11 '::::i jd "< - McNEES WALLACE & NURICK LLC BY: DEBRA D. CANTOR Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsirnile dcantor@rnwn.com Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-70 CIVIL WILLIAM H. LOCHMAN, JR., v. CIVIL ACTION - LAW LORETTA LOCHMAN, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 7,2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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.A. Section 4904 relating to unsworn falsification to authorities. dri fJ ~ .' v7.-l)l7c v^L LORETTA LOCH MAN ----- Dated: If - /0- ()L) ", .:::-::., = 0-' o -n --j ~ hif[,\ jT"' C) (-) _I -rJ I'V (:) ':t,; 'T"l ::< r McNEES WALLACE & NURICK LLC BY: DEBRA D. CANTOR Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor@mwn.com Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-70 CIVIL WILLIAM H. LOCHMAN, JR., v. CIVIL ACTION - LAW LORETTA LOCHMAN, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !i3301{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 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 verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. (/J' uJ;J-(Yru-J>_____ LORETTA LOCHMAN Dated: 11- I () DS ~, c' ~ ,~.rt ~."'~ (~" 11 -1 -~ ltl~~ ~Jl C~.l --J C ,_,)f:) <1 ~ ,CD r'0 '-< "20Cl~ - 70 CI~' I MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this J r~ day of tfvoVA'" LA. v ,2005, by and between lORETTA lOCHMAN (hereinafter referred to as "Wife"), 3811 Copper Kettle Road, Cumberland County, Pennsylvania, and WilLIAM H. lOCHMAN, JR. (hereinafter referred to as "Husband"), 3447 Green Street, Camp Hill, Cumberland County, Pennsylvania, WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 13, 1980 at Mechanicsburg, Pennsylvania, and are the parents of the following children: Name Date of Birth Matthew Hershey Lachman Dana Marie lochman August 2, 1983 April 9, 1986 WHEREAS, the parties separated on March 13, 2001; and, WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and 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, Debra D. Cantor, Esquire, of McNees Wallace & Nurick LLC, for Wife, and Thomas J. Williams, III, Esquire, of Martson, Deardorff, Williams & Otto, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in 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 improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of -2- Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and -3- liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Husband has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 2002-70. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for Wife shall execute a Praecipe withdrawing Wife's ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a -4- divorce and a Waiver of Notice upon execution of this agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Husband who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that they were the joint owners of that certain house and lot and all improvements thereupon situated at 1102 Chelmsford Drive, Mechanicsburg, Cumberland County, Pennsylvania and that the parties sold said home and split the net proceeds from the sale equally. 5.2. Contents of the Parties' Residences and Other Personal Property. 5.2.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to all of the contents of the residence at 3811 Copper Kettle Road, Cumberland County, Pennsylvania, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the marital residence as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. 5.2.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title and interest in and to all of the contents of the residence at 3447 Green Street, Camp Hill, Cumberland County, Pennsylvania, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever -5- nature currently located in the said residence, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.3. Joint Janney Montqomerv Scott Investment Account #5281-4196. The parties acknowledge that the joint Janney Montgomery Scott investment account #5281-4196 (formerly the joint Morgan Stanley Dean Witter account #410-012361) had a value of $111,410 as of March 31, 2005. The parties shall equally divide the balance of this account as of the date of distribution. 5.4. Husband's Janney Montqomerv Scott Roth IRA #5281-4195. The parties acknowledge that Husband's Janney Montgomery Scott Roth IRA #5281-4195 (formerly the Morgan Stanley Roth IRA #410-012363) had a value of $46,833 as of March 31,2005. The parties shall equally divide the balance of this account as of the date of distribution via rollover into a tax-deferred account held in Wife's name. 5.5. Husband's Janney Montqomerv Scott IRA #5281-4252. The parties acknowledge that Husband's Janney Montgomery Scott IRA #5281-4252 (formerly PNC Pension Plan) had a value of $315,614, with a marital value of $211 ,461 as of March 31,2005. The parties agree that $105,730.50 of the marital funds plus all increases in value accrued on those funds since March 31, 2005, shall be transferred to Wife as her sole and separate property via a rollover into a tax deferred account in Wife's name. The remaining funds shall remain in Husband's Janney Montgomery Scott IRA #5281- 4252 as Husband's sole and separate property. Husband and Wife do hereby set over, transfer and assign to the other party any and all of his or her right, title, claim and interest in and to all or any portion of the funds distributed to the other party from -6- Husband's Janney Montgomery Scott IRA #5281-4252 as his or her sole and separate property. 5.6. Husband's Jannev Montqomerv Scott IRA #5281-4194. The parties acknowledge that Husband's Janney Montgomery Scott IRA #5281-4194 (including the funds from Husband's Memorial Health 403(b) retirement account) had a value of $110,967 as of March 31, 2005. The parties shall equally divide the balance of the account as of the date of distribution via a rollover into a tax-deferred account held in Wife's name. In the event that the Hartford Variable Annuity contained in this IRA cannot be divided without significant tax consequence, the balance of this IRA shall be proportionately divided to assure an equal division of this account. 5.7. Husband's FCI USA. Inc. 401(k) Vanquard Account #092497. The parties acknowledge that Husband's FCI USA, Inc. 401 (k) Vanguard account #092497 had a value of $14,089 as of March 31, 2001. Husband continued to contribute to the account post-separation. The parties agree that the marital value of the account as of March 31, 2005 is $15,960. The parties shall equally divide the marital portion, including all increases in value of the marital portion of the account as of the date of distribution via a rollover into a tax deferred account held in Wife's name. 5.8 Transfer of Retirement Assets. The parties agree that the transfer to Wife shall be effectuated in a manner which shall not cause the funds to lose their tax-free status, and that the transfer shall be made pursuant to a Qualified Domestic Relations Order (as that term is defined by the Internal Revenue Code and ERISA, hereinafter "QDRO") or other means as required by the plan administrator, the form of -7- the order to be set forth in a stipulation which shall be signed by both parties subject to the prior approval of their respective counsel. The parties agree that Husband shall pay any costs or fees associated with the drafting and filing of the ODRO. The parties further agree that any penalty for the transfer of funds to Wife will be incurred by Husband. The orders shall be entered by stipulation within ninety (90) days of the execution of this Agreement, and the parties shall cooperate in effectuating the transfer of the funds within sixty (60) days of the entry of the ODRO's. Should the transfer take place after this applicable time period due to Husband's failure to comply with the terms of the agreement, Husband shall pay to Wife interest at a rate of 12% per annum beginning at 90 days from the date of the execution of the agreement to the date of distribution. 5.9 Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.10 Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any -8- insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.11 Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, taxes, and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.12 Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately -9- before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. For calendar year 2005, unless otherwise agreed, each party shall report the year 2005 earnings on the assets distributed to them on their respective federal, state and local tax returns for 2005. 5.13 Liabilitv Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, -10- and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.14 Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.15 Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.16 Warranty as to Future Oblioations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. -11- Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.17 Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the rnarriage and of or frorn any other reason growing out of the marital relationship. Neither party, however, is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreernent. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in -12- him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 6. MEDICAL INSURANCE COVERAGE FOR WIFE. Husband currently is providing medical insurance coverage for Wife. The parties agree that Husband shall continue to pay for medical insurance coverage for Wife for as long as he is employed by FCI USA, Inc, a subsidiary or subsequent owner. The current cost of the FCI USA, Inc. monthly insurance premium is $81 per person, $160 per two people and $238 per family. Husband agrees to pay the premium regardless of whether the premium cost decreases, increases or remains the same. Husband agrees to execute the necessary documents to allow Wife to obtain her medical records directly from the health insurance company or companies. Should Husband involuntarily lose his employment with FCI, Inc, any subsidiary or subsequent owner, Husband shall no longer be required to provide insurance coverage to Wife. 7. SPOUSAL SUPPORT/ALIMONY. 7.1. Monthlv Payments. In recognition of the criteria set forth in the Divorce Code, and subject to the other provisions of this Agreement, commencing on the first business day of the month following the month in which the divorce decree is entered, Husband shall pay to Wife for her support and maintenance the sum of $2,000 per month payable via court order and wage attachment through the Domestic Relations Office. The alimony amount shall be modifiable in term and amount by both parties in the event of any change of circumstance. However, Husband waives any -13- right he may have to collect maintenance, support, alimony or alimony pendete lite from Wife. 7.2. Tax Conseauences. It is the intention, understanding and agreement of the parties that the cash payments described in subparagraph 8.1 of this paragraph shall constitute spousal support or alimony as those terms are defined in the Internal Revenue Code of 1986, as amended, and any successor thereto, and that, accordingly, all such payments shall be includable in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. 8. HUSBAND'S EMPLOYER-PROVIDED GROUP LIFE INSURANCE. The parties agree that Husband will maintain his employer-provided group life insurance for the benefit of Wife in the amount of at least $60,000 until such time as the parties' youngest child completes her undergraduate education. If Husband is no longer eligible for life insurance through his employer, Husband will purchase another life insurance policy for the benefit of Wife in the amount of at least $60,000 for the duration of his alimony obligation. Wife shall be provided proof of the beneficiary designation within 60 days of the execution of the Marital Settlement Agreement and annually thereafter until the end of the payment of alimony. 9. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 10. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions -14- I hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 11. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 12. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 13. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Loretta Lochman 3811 Copper Kettle Road Camp Hill, Pennsylvania 17011 and to Husband, if made or addressed to the following: William H. Lochman 3447 Green Street Camp Hill, PA 17011 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. -15- 14. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 16. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect 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 execute a statement declaring this Agreement or any term of this Agreement to be null and void. 17. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 18. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. -16- 19. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 20. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 21. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. -17- . WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ~-)/ S - -Ll.f~1. 9 ltv.tl-~ WITNESS William H. Lochman~ -18- '. I . . COMMONWEALTH OF PENNSYLVANIA COUNTYOFD~ BEFORE ME, the undersigned authority, on this day personally appeared LORETTA LOCHMAN, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (D-0)ayof (\ . I{ () '^^ \- . / L'Q t:/I v"r..l--V" , 2005. ~~flz fl- ~ Not ry Public COMM NW F NolarIal Seal CM~lcheof IHIe~C'~::1n PCounubllc , unlY My Isslon "'" Oct. 2, 2009 -19- .. . . COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~ BEFORE ME, the undersigned authority, on this day personally appeared WilLIAM H. lOCHMAN, JR., known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I sfl" day of 1J~ ,2005. ~)~~ Nota Public - COMMONWEAlnl Of PENNSYLVANIA Notarial Seal Mary M PriCe Notary Public Carlisle 8Oro, ~be~~ ~c:!'~~7 My commISSIOn ExpIt8.~>>, , Member l Pennsylvama ASSOCIatIon of Notaries -20- n .-.~ g ,-" o -n :r'-n rll !~ ~.~ -.J, J (',) :--<.. WILLIAM H. LOCHMAN, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 70 CIVIL LORETTA LOCHMAN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ;if 7"~ day of ) <'7.LL4-,i!bJ, 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated November 15, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~mas J. Williams Attorney for Plaintiff ~ra Denison Cantor Attorney for Defendant Geo -, \.1 ''O' -------" , F:\F1LESIDA T AFILElGeneraJICurrent\1 OJ 19, lprWlde Revised: 12/1105 9:28AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAM H. LOCHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-70 CIVIL ACTION - LAW LORETTA LOCHMAN, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are directed to substitute the attached Page 14 for the Page 14 previously submitted with the Marital Settlement Agreement dated November 15,2005. MARTS ON DEARDORFF WILLIAMS & OTTO By '1t-- 1- ~).fJ.e. Thomas J. Will(ams, Esquire 10 East High Street Carlisle,PA 17013 (717) 243-3341 .,J...... " Date: December 1, 2005 Attorneys for Plaintiff right he may have to collect maintenance, support, alimony or alimony pendete lite from Wife. 7.2. Tax Consequences. It is the intention, understanding and agreement of the parties that the cash payments described in subparagraph 8.1 of this paragraph shall constitute spousal support or alimony as those terms are defined in the Internal Revenue Code of 1986, as amended, and any successor thereto, and that, accordingly, all such payments shall be includable in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. 8. HUSBAND'S EMPLOYER-PROVIDED GROUP LIFE INSURANCE. The parties agree that Husband will maintain his employer-provided group life insurance for the benefit of Wife in the amount of at least $60,000 until such time as the parties' youngest child completes her undergraduate education. If Husband is no longer eligible for life insurance through his employer, Husband will purchase another life insurance policy for the benefit of Wife in the amount of at least $60,000 until such time as the parties' youngest child completes her undergraduate education. Wife shall be provided proof of the beneficiary designation within 60 days of the execution of the Marital Settlement Agreement and annually thereafter until the end of the payment of alimony. 9. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 10. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions -14- . CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire McNEES, WALLACE & NURICK 100 Pine Street P.O. Box 1166 Harrisburg, P A 17108-1166 MARTS ON DEARDORFF WILLIAMS & OTTO a~~ 1J1}#Ud7~d Tricia D. Eckenroad y Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December I, 2005 I') '. ., ~ ::-"\ C) -(I ._t_ 'i-/"f?, ,-' " "<? :- C'. - ..----- r_,.;.... c~ .----,', '('") \ -- F,IFlLES\DA T AFI LE\Gendoc_cur\ 10319_acc_scritde Created JI/27iOlll.2622AM R~';sed. 01/04/02 11.14:19AM WILLIAM H. LOCHMAN, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002- '=10 CIVIL ACTION - LAW LORETTA LOCHMAN, Defendant IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, Debra Denison Cantor, Esquire, attorney for Defendant Loretta Lochman in the above-captioned action, hereby accept service of the Divorce Complaint in the above action on January ~, 2002, on her behalf and certify that I am authorized to do so. REAGER & ADLER Attorneys for Defendant .-- 1..')"" rw F\FJLES\DA T AFlLE\GeI1eral\CufTem\10319 IPRAlItde Revised 12/1/05914AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 17512 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAM H. LOCHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-70 CIVIL ACTION - LAW LORETTA LOCHMAN, Defendant 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: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) ofthe Divorce Code. 2. Date and manner of service ofthe complaint: Attorney's Acceptance of Service on January 9,2002. 3. (a) Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; November 15, 2005; by the Defendant; November 10,2005. 4. Related claims pending: All claims have been resolved by a Marital Settlement Agreement dated November 15, 2005. 5. Date Plaintiffs Waiver of Notice III S3301(c) Divorce was filed with the Prothonotary: November 17, 2005. Date Defendant's Waiver of Notice III S3301(c) Divorce was filed with the Prothonotary: November 17, 2005. MARTSON DEARDORFF WILLIAMS & OTTO Date: December 1, 2005 By -1'/,,,, " ~ ~~~ Thomas J. W hams, EsqUire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ,..., C::l c:;:> ".1"1 tcJ r'-' C) I ?~~: u:J _r:::-" en ii'f.:+':+':t':+':+':+' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +:+''l;'l; :+' Of. :+' :+' :+' Of. :+' :+' :I-: :I-: ;t: :+' 'f. ;t: :+' :+: :+' :+' :+: + + :t' + 'f. :+' :I-: 'f. + :t' + + + :+: + + + + + + :t' + + :+' + + :+' + + + + :+: :+' + + + + + + + + + + + + :+: + + + ++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+':1-::+'+:+'+:+':+:++:+'++++++++++++++++++++++++++++++++++++++++++++~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. WILLIAM H. LOCHMAN No. 02 70 Plaintiff VERSUS LORETTA LOCHMAN Defendant DECREE IN DIVORCE 0-13. V '/I"'" . ;;otJ~IT IS ORDERED AND AND NOW, ~(, DECREED THAT WILLIAM H. LOCHMAN , PLAI NTI FF. AND LORETTA LOCHMAN , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated November 15, 2005, is incorporated herein b reference but is ee. By Am:{!~1 PROTHONOTARY J, rv~? ~ ~ 5C7 t:1 -e/ ~rv jp f-~~? -r~ y?- 7:/ - c:/ , '+0 ", t. ....... 'to". ~ . '~".' . . REC F 1,rr"]j! APR 0 6 2006 BY: William H_ Lochman Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2002-70 Loretta Lochman Defendant CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER ~ ~ AND NOW, this It day of ~~the parties, William H. Lochman, Plaintiff, and Loretta Lochman, Defendant, do hereby Agree and Stipulate as follows: 1. This Order relates to the provision of marital property rights to the Alternate Payee as a result of a Marital Settlement Agreement between the Participant and the Alternate Payee entered into on November 15, 2005. 2. The Plaintiff, William H. Lochman, (hereinafter referred to as "Participant") has in effect the following Individual Retirement Accounts with Janney Montgomery Scott LLC, 48 East Market Street, York, PA 17401: Roth Individual Retirement Account for William H. Lochman, Account No. 5281-4195 Individual Retirement Account for William H. Lochman, Account No. 5281-4252 Individual Retirement Account for William H. Lochman, Account No. 5281-4194 3. Participant's date of birth is July 31,1947, and his Social Security number is 202-36-3311. 4. The Defendant, Loretta Lochman (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is November 4, 1954, and her Social Security number is 176-38-8254. 5. Participant's last known mailing address is: 3447 Green Street Camp Hill, PA 17011 . . 6. Alternate Payee's current mailing address is: 3811 Copper Kettle Road Camp Hill, PA 17011 7. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: a. The Individual Retirement Accounts with Janney Montgomery Scott LLC previously referenced in Paragraph 2 are marital property. b. That subject to the finalization of the divorce and the execution of the documents required by Janney Montgomery Scott LLC, the following shall be awarded to the Alternate Payee: . From Roth Individual Retirement Account, Account No. 5281-4195 - 50% of the value as of the date of distribution. . From Individual Retirement Account, Account No. 5281-4252 - $105,730.50 plus increase thereon from March 31, 2005, until the date of distribution. . From Individual Retirement Account, Account No. 5281-4194 - 50% of the value as of the date of distribution. c. The amounts desigr1ated in Paragraph 7(b) shall be paid directly into the following Individual Retirement Accounts: . . . d. The parties are directed to timely submit all documents that are required to finalize this Order. 8. This Court reserves jurisdiction to issue further orders as needed to execute this Order. ~ ~ Accepted and ordered this I ( day of , Jt>> '. Judge CONSENT TO ORDER: PLAINTIFFIPARTICIPANT DEFENDANT/ALTERNATE PAYEE ~dc-- d?clu.vclfcIL j-/2L{i)b Signature Date Signature ATTORNEY FOR PLAINTIFF/ PARTICIPANT ATTORNEY FORDEFENDANTI ALTERNATE PA E 1vLL Date Sigr1ature r ~:; "',' z; ~I ,; = -11 " , r .~ ',_, ":'"1/ )1,1'-"" -'---' .. I H ;,-~--~cof;:r5 APR 11 6 i'005 BY: J \Villiam H. Lachman Plaintiff IN THE COURT OF CO~I.MON PLEAS OF ClJMBERLAt~D COUNTY, PENNSYLVfu~IA VSo CIVIL ACTION - LAW Loretta Lachman Defendant NO. 2002-70 QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee pursuant to a Marital Settlement Agreement entered into on November 15, 2005. 2. 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 which is intended to be qualified under Internal Revenue Code of 1986 ("Code") H01(a)o The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code ~414(p) and ~206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"), The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. ~3502. 3. This QDRO applies to the FCI USA, Inc. Employee 401(k) Savings Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plants) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. William H. Lochman ("Participant") is a participant in the Plan. Loretta Lachman ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: William H. Lochman 3447 Green Street Camp Hill, PA 17011 Social Security #: 202-36-3311 Date of Birth: July 31, 1947 6. The lllternate Payee's name, mailing address, Social Security number and date of birth are: ~. QDRO Page 2 Loretta Lachman 3811 Copper Kettle Road Camp Hill, PA 17011 Social Security II: 176-38-8254 Date of Birth: November 4, 1954 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order, 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $7,980 of the Participant's total account balance under the Plan as of March 31, 2005, together with investment gains attributable thereon from March 31, 2005, until the date of distribution. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account for her benefit. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her 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 right to name a beneficiary and the right to direct her Plan investments to the extent permitted under the Plan. 14. 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. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code ~414(p), 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. In the event that the Plan inadvertently pays to 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 he has received such benefit ... QDRO Page 3 payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. Mter payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have co=enced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary desigtlated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no desigtlated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code H14(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period oftime after receipt of this QDRO. - . QDRO Page -! 22, The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herem, Accepted and ordered this 1\ r day of ~ d~ Judge CONSENT TO ORDER: PLAINTIFFIPARTICIPANT DEFENDANT/ALTERNATE PAYEE -?'d!c- ' -- -3GJ!?'I!ct, ,~/ Date 0-,,' /:) .. -;--,---" .' 'l) ,,'J ./ -- / , ''-..- r '-4 Signature Signature Date A'ITORNEY FOR PLAINTIFF/ PARTICIPANT '71 LL r.fttr Date A'ITORNEY FOR DEFENDANT/ ALTERNATE PAYEE \ !' /! .I I ",--< ('L {, l_-~I ,'1','-7>5 ..,~ SiJ~~~ ,~/ . ,,' ~~' L-/ ;. I ~'l "~ate 1---' Signature D~ ~\r \) \' ;- ~\ 0' ~ :'~ . ~~ ~\~ ~