Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05-1648
CAROLE F. HODELL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL DIVISION - LAW V. NO. CIVIL 2005 / CHARLES BRUCE HODELL Defendant IN DIVORCE NOTICE 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 in the Office of the Prothonotary at: Cumberland County Courthouse Hanover and High Streets First Floor Carlisle, Pennsylvania 17013 (717) 240-6195 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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. Court Administrator, 4th Floor Cumberland County Courthouse Hanover and High Streets Carlisle, Pennsylvania 17013 (717) 240-6200 CAROLE F. HODELL Plaintiff V. CHARLES B. HODELL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. I!p q J- CIVIL 2005 IN DIVORCE COMPLAINT Plaintiff Carole F. Hodell, by her attorney, Broujos & Gilroy, P.C., sets forth the following: 1. Plaintiff Carole F. Hodell is an adult individual 271 Bellaire Park Road, North Middleton Township, Cumberland County, Pennsylvania. 2. Defendant is husband Charles B. Hodell, an adult individual residing at 109 Secretariat Court, Tinton Falls, Monmouth County, New Jersey. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. 4. The parties were married on July 19, 1961 at Presidio, Monterey, California. 5. There have been no prior actions for divorce or annulment between the parties in this or any other jurisdiction. 6. Plaintiff 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. COUNT I - MARRIAGE IRRETRIEVABLY BROKEN 7. In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. WHEREFORE the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. COUNT II - EQUITABLE DISTRIBUTION 8. Paragraphs 1 through 7 of the Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff and Defendant have acquired property, both real and personal, during their marriage until the present time. WHEREFORE Plaintiff requests your Honorable Court to divide equitably all marital property. COUNT III - ALIMONY, COSTS, AND EXPENSES 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. WHEREFORE Plaintiff requests your Honorable Court to enter an award of alimony and costs and expenses. 11. I verify that the statements made in this pleading 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. Carole F. Hodell DATE: March 2005 Rye ectfully itte" t Jghn U. Broujos, Esquire At ey for Plaintiff Supreme Court I.D. No. 06268 BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 (717) 243-4574 Fax (717) 243-8227 VERIFICATION I verify that the statements made in the foregoing document 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 unswom falsification to authorities. DATE: /y/d Carole F. Hodell r f I INI B ``11 ? V r S ' r - 4 ) ?? .1 J i .l {'tl JULIE A. NIBLETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE JEFF A. NIBLETT, Defendant NO. 05- /6,40 CIVIL TERM 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 right important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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 32 South Bedford Street Carlisle, PA 17013 (717) - 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JULIE A. NIBLETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE JEFF A. NIBLETT, Defendant NO. 05- J w y 9 CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. §§ 3301(c) & 3301(d) OF THE DIVORCE CODE The plaintiff, Julie A. Niblett, by her attorneys, the Family Law Clinic, sets forth the following cause of action for divorce: 1. Plaintiff is Julie A. Niblett, who currently resides at 62 North 10th Street, Ist Floor, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Jeff A. Niblett, who currently resides at 808 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on June 25, 1983, in Camden County, New Jersey. 5. Plaintiff and Defendant have lived separate and apart since November 1, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff or Defendant may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. / 'UuTrrrov?? essica L. Bowman Certified Legal Intern THOMAS ,A4. PLACE ROBERT E. RAINS ANNE MAC-DONALD FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. §4904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. Dated: 3 J e A. Niblett K'w1 Cft M3 - irtt -1 JULIE A. NIBLETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE JEFF A. NIBLETT, Defendant : NO. 05- fGI9 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Julie A. Niblett, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date '5 ? 9/0 5 Respectfully submitted, ':Jessica L. Bowman Certified Legal Intern r ROBER . RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C7 c? ~ ! 1.., } - ? l _ _ _3 ?i? ?'.'?. - ?? - 4 ? i a CAROLE F. HODELL Plaintiff V. CHARLES BRUCE HODELL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-1648 CIVIL 2005 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 29, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing 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. 4. 1 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. 6. 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: -23 &a4zl. ftz" 6 C . J e, 'y Carole F. Hodell, Plaintiff ? ? ? ? -c , c? ? _ ' w-1 ? =x .?y . 4 ?.. ?? .' : . ? ice' ? ? ?? R. ? ??` ' i ? ? ? ? CAROLE F. HODELL Plaintiff V. CHARLES BRUCE HODELL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 05-1648 CIVIL 2005 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I 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. 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: 3 c? C,??" ? s G 04"?, VIA '4&d.t - Carole F. Hodell, Plaintiff r-a e S? CAROLE F. HODELL Plaintiff V. CHARLES BRUCE HODELL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 1648 CIVIL 2005 IN DIVORCE SEPARATION AGREEMENT THIS IS AN AGREEMENT made this o?-3 day of e0h ` ),? , 2006, by and between Carole F. Hodell of 271 Bellaire Park Road, Carlisle, PA 17013, hereinafter referred to as Wife, AND Charles B. Hodell of 109 Secretariat Court, Tinton Falls, NJ 07724, hereinafter referred to as Husband; WHEREAS A. Husband and Wife were married on July 19, 1961, of Presidio, Monterey, California; with date of separation on May 15, 2001, and B. Husband and Wife have had five children, all over 18 years of age; and C. Various differences have arisen between Husband and Wife, whereby they have been living separate and apart since separation; and D. Husband and Wife have agreed to maintain separate and permanent domiciles and to live apart from each other; E. Wife has filed for divorce in the Courts of Cumberland County under action 1648 of 2005; F. Husband and Wife desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement 1 of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, Husband and Wife agree as follows: 1. CUSTODY. There are no child custody issues. 2. REAL PROPERTY. Real property interests shall be divided as set forth below: 3. Wife conveys to Husband all of her right, title, and interest in property in Monmouth County, New Jersey, known as 109 Secretariat Court, Tinton Falls. (Description of Deed with recital is attached hereto as Exhibit A and made a part hereof.) Husband agrees to assume and to pay any balance due under mortgage, and all judgments, liens, notes, and other encumbrances relating to said property existing and recorded on the date of this Agreement and to indemnify, save, and hold harmless Wife against any and all claims, causes of action, suits or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Husband to so pay such liens and encumbrances. 4. Wife will execute a deed upon signing of this Agreement or when thereafter presented, to be held in escrow by Wife's attorney until the final decree of divorce is signed by the Court, at which time the deed shall be delivered to Husband's attorney; Wife in the meantime agreeing not to impose any impediment to the divorce and to sign a consent and any other document required to finalize the divorce. 5. Husband conveys to Wife all of his right, title, and interest in properties in North Middleton Township, Carlisle, Cumberland County, Pennsylvania, known as: 2 House. 271 Bellaire Park Road, deed of Carl J. Stasyszyn to Charles B. Hodell and Carole M. Hodell, his Wife, consisting of approximately .9 acres by deed dated March 12, 1993 in deed book 36 E 203, Exhibit B. Land only. 1.41 acres, by deed of Jerry W. Zettle, Executor to Charles B. Hodell and Carole M. Hodell by deed dated May 27, 2000 and recorded in deed book 222, page 164, Exhibit C. Wife agrees to assume and to pay all amounts due on the existing mortgage, and all judgments, liens, notes, and other encumbrances relating to said property, and all occupancy expenses for the property and to indemnify, save, and hold harmless Husband against any and all claims, causes of action, suits or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Wife to so pay such liens and encumbrances. In the event a simple release of Husband for the mortgage debt is not available, Husband will pay the processing costs of a new mortgage on the property conveyed to Wife, including the Title policy, recording requirements, and miscellaneous mortgage purchase costs if Husband insists on being released from the current mortgage liability. Husband shall have no obligation to pay for any refinancing expenses unless Husband insists on the refinance. Wife shall pursue refinancing if Husband opts for this to be done. 6. Husband will execute a deed upon signing of this Agreement or when thereafter presented, to be held in escrow by Husband's attorney until the final decree of divorce is signed by the Court, at which time the deed shall be delivered to Wife's attorney; Husband in the meantime agreeing not to impose any impediment to the divorce and to sign a consent and any other document required to finalize the divorce. 3 7. Each party represents that the real property set forth herein is the sole real estate owned by them. Each party agrees to assume and to pay the balance due under any mortgage, loan or interest relating to his or her real property, including all judgments, liens, notes and other encumbrances or occupancy expenses related to their real property existing on the date of this Agreement. In addition, each party will indemnify, save and hold harmless each the other against any and all claims, causes of action, suits or litigation for money owed or damages indirect or consequential including legal fees arising out of failure of each party to pay all debts, liens and encumbrances referred to above at the date of divorce decree in Cumberland County. 8. EQUITABLE DISTRIBUTION OF INVESTMENTS. A. Wife will receive one half of Husband's military pension; he has 21 %2 years of service and 20 years of marriage, which is the Coverture Fraction to be set forth in the Qualified Domestic Relations Order (QDRO) if a QDRO is required. This entitlement shall be prospective from and shall commence on the date of divorce. B. Wife will receive one half of Husband's L3Com Retirement Plan [aka L3 Comm retirement pension] that is currently in pay status. This shall be done with a QDRO that shall be obtained by Husband's attorney with information provided by Wife. This division shall be prospective from and effective from the date of the divorce. C. Wife will receive one half of the marital portion of Husband's Lockheed Martin Corporation Salaried Savings Plan with a QDRO to be obtained by Husband's attorney. Husband commenced employment at Lockheed Martin on September 9, 1996, and the parties separated on May 15, 2001. 4 D. The QDROs will be prepared as agreed by the parties within thirty days and executed forthwith by the Court, with extension for cause shown. Husband will pay the costs related to the drafting and implementing of the QDROs. Wife shall cooperate by providing whatever information is needed for the securing of the QDRO. E. Where applicable, because of variation in investment values, the values may be subject to change, based on the settlement date agreed upon the parties, within a day or two either way. F. 401 (k) investments: value shall be that of the selected settlement date in accordance with the above modifications. 9. Wife shall receive fifty percent of the following accounts as of the date of settlement which shall be 30 days from the date of this Agreement. Husband and Wife agree that the accounts referenced herein shall be used between the date of this Agreement and the settlement date in the same way that they have been recently used. Extraordinary expenses shall not be paid from these accounts between the date of this Agreement and the settlement date. The accounts are as follows: A. Present Bank accounts, which are all joint accounts, are set forth herein as a part of this Agreement, with the approximate balances as of June 1, 2006 to be brought up to date on date of settlement are: + - a. HSBC Bank USA (checking account) ... AN b. USAA (savings account) ........................ AN C. First Atlantic CN ...................................AN .......... $22,000 .......... $125700 ............ $5,100 5 B. Husband's 401(k) accounts with the Unisys Savings Plan, and Lockheed Martin Salaried Savings Plan [with a reduction for post-separation contributions.] The division of the 401(k) accounts shall be done by a roll-over into sheltered accounts of Wife so that Husband does not experience a tax event from the distribution. If this cannot be done, the tax related to the transfer shall be borne by Wife in the form of a reduced transfer. Estimates as to the value of these accounts are $190,277 for the Unisys account and $132,029 less post-separation contributions of $49,169 for the Lockheed Martin account. 10. During Wife's lifetime, Husband shall designate Wife as the primary beneficiary of all Husband's whole or straight life insurance policies listed below. Husband will maintain Wife as primary beneficiary on the term life insurance which Husband has as a benefit from his current employer and any future employer. The present death benefit is $246,000. This will expire when Husband retires. The applicable insurance policies are set forth below. Husband will make copies available to Wife prior to settlement; together with presentation of receipt of payments thereafter if required by Wife. Husband will give notice to insurers of the legal interest of Wife in the benefits, who shall give notice to Wife of any default in payment. The non-term life insurance is as follows: Army and Air Force Mutual Aid Association (AAFMAA): D-35440XOL, Value Added Whole Life $20,361 35440-4XOL do 10,242 35440-3XOL do 11,045 Note: Above values as of I January 2006 Reserve Life Insurance Company 473323, Limited Pay Whole Life $10,000 L3 Com life insurance $ 5,000 6 11. COUNSEL FEES. Husband will pay all counsel fees incurred by Wife up to a maximum of seven thousand five hundred dollars ($ 7,500.00). 12. PERSONAL PROPERTY. Husband and Wife have agreed between themselves on distribution of personal property owned by the parties, each conveying to the other all of his or her right, title, and interest therein and each representing that they have the property in their possession. 13. Wife conveys all of her right, title, and interest in 2003 Chevrolet vehicle to Husband. Husband conveys all of his right, title, and interest in 2003 Ford Explorer vehicle to Wife. Each party agrees to assume and to pay and to indemnify and hold harmless the other from any and all claims for any balances due to any lending institution for loans on the vehicles. 14. CREDIT CARDS. Each party will obtain and pay their own credit cards and shall not obtain any credit card in the name of the other party. Each party represents that there shall be no unpaid balances on credit cards or on any debt for which the other party is responsible. 15. OTHER ASSETS. Other than interests in pensions and other obligations set forth herein, each party represents that that party has no interest in any savings and checking accounts, investments, or other interest or pension programs in the name of the other spouse. Excluding disability and social security benefits, there are no presently known accounts except those accounts set forth herein. 16. RELEASE ON EQUITABLE DISTRIBUTION. Except for pension programs and benefits referred to herein, Husband and Wife each releases the other from any and all claims or demands arising out of the party's right to any type of equitable distribution of personal or real property under Section 401 of the Divorce Code, or any rights or claims in the personal or real property in the possession of the other party arising under the law or equity. 7 17. ALIMONY A. Amount and term of monthly alimony payments. Husband shall pay to Wife, commencing on the first day of the first month following the settlement date of this agreement for separate support and maintenance the sum of two thousand four hundred and no/100 Dollars, ($2,400.00) per month. This payment shall be spousal support until the divorce decree is entered and thereafter shall be alimony. All monthly alimony payments shall be made to Wife no later than the first day of each month. Husband and Wife agree that all alimony payments are to be made by direct payment from Husband to Wife, or though the payment procedures of the Court if the court process is used to administer this order. This alimony shall terminate on December 31, 2010, or at such time as Husband shall retire from all employment, if sooner, and this termination date may not be extended by the Court. This alimony shall also terminate upon the death or remarriage of Wife or the death of Husband. The parties agree that the incorporation of this agreement into the Divorce Decree by the Court shall be deemed an order of the Court and may be enforced as provided in 23 Pa.C.S.A. §3701. B. Modification of Alimony. This Agreement shall be modifiable to reflect changes in the income of Husband. Such modification shall be proportionate to the changes in Husband's income. C. Health plan and dental benefits. Husband will determine the availability of and the terms and conditions required therefore which may be payable by Lockheed Martin Corporation or any other corporation with which Husband may be employed, which may have dental and medical benefits payable to a prior spouse. Husband agrees to provide non-financial assistance and cooperation to Wife after divorce for Service 8 and pension benefits, including but not limited to Medical, CHAMPUS, and related benefits. 18. Each party releases the other from any and all claims or demands for expenses, which claims or demands may be based on Section 502 of the Divorce Code or under any other provision of the law. 19. INDEMNIFICATION FOR DEBTS. Neither Husband nor Wife shall contract or incur any debt or liability for which the party or his or her property or estate might be responsible and shall indemnify and save harmless the other party from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 20. GENERAL RELEASES. Other than rights set forth herein, Husband and Wife each hereby waives, releases, and relinquishes any and all rights that he or she may now have or may hereinafter acquire as the party's spouse under the present or future laws of any jurisdiction, including sharing in the other party's estate in case of intestacy. Husband and Wife each agree that their existing Wills will not be deemed to be reformed by their divorce, and it is each party's intent that the other shall inherit under the terms of his or her current Wills notwithstanding a divorce. This waiver, release and relinquishment does not apply to any provision of Husband's Will that may include any rights which otherwise would be operative. 21. Husband and Wife hereby agree to execute all necessary documents, pleadings or affidavits in order that Wife or Husband may proceed with obtaining a no-fault divorce. This Agreement shall be incorporated by reference by the Divorce decree, but shall not be merged with the Divorce decree. 22. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. If any provisions of this Agreement are held to be invalid or unenforceable, all other provisions shall continue to be in full force and effect. 9 23. Each party understands that they are required to make full disclosure and each party warrants and represents that the party has made full disclosure of all assets prior to the execution of this Agreement. 24. This Agreement shall bind the parties hereto, their respective heirs, executors, and assigns. 25. Husband and Wife each has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Husband and Wife each has carefully read this Agreement and is completely aware, not only or its contents, but also of its legal effect. IN WITNESS WHEREOF, Husband and Wife hereto intending to be legally bound hereby have hereunto set their hands and seals the day and year first above written. WITNESS 04"'e-'O" ?'Y- A4wuz? Carole F. Hodell, Plaintiff Nl?? - John oujos, Esquire 10 0, fVVtYAM Charles Bruce Hodell COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. .- On this, the ? day of 2006, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Carole F. Hodell and in due form of law acknowledged the above Agreement to be her act and deed and desired the same to be recorded as such. COMMOMNEALi it OF PEtiN YLVAA-t 41A Notarial Seal I Shelly Brooks. Notary Pubiic Carlisle Boro, Cumberland County _?My Commission Expres AUgr 5, 2005 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the a?3 day of 2006, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Charles Bruce Hodell and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. NOTARIAL SEAL SHELLY SEXTON, Notary Public Carlisle Boro, Cumberland County My Commission Expires April 26, 2007 11 C5? :r c.C:f - G CAROLE F. HODELL, Plaintiff VS. CHARLES BRUCE HODELL, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 1648-2005 CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE PRAECIPE I hereby enter my appearance in the above captioned action on behalf of the Defendant, Charles Bruce Hodell. /0 -p?7_ O G Date Taylo drews, Esquire 78 West Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Ct No.: 15641 cc: John H. Broujos, Esquire Attorney for Plaintiff r-J -., C UJ CAROLE F. HODELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 05-1648 CIVIL TERM CIVIL ACTION - LAW CHARLES BRUCE HODELL, : Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 29, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. § 4904, relating to unsworn falsification to authorities. Date: ?O /2 31©0& d' -a t Charles Bruc4eodell , Defendant all F ?rj C ^r CAROLE F. HODELL, Plaintiff VS. CHARLES BRUCE HODELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-1648 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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. 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: 2,3 n V (J? - omw i& Charles Bruce Hodell, Defendant - rT I Do U10 `S CAROLE F. HODELL, Plaintiff VS. CHARLES BRUCE HODELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 1648-2005 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE To the Prothonotary: I hereby accept service of the reinstated complaint in the above captioned action on behalf of the Defendant and certify that I am authorized to do so. t1o-z?-dL Date Respectfully submitted, ANDREWS & JO Ta . Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 (717) 243-0123 cc: John H. Broujos, Esquire Attorney for Plaintiff C? C=) p C C -q CD GOOD CAROLE F. HODELL, Plaintiff V. CHARLES BRUCE HODELL, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO.-1648 CIVIL 2005 : CIVIL ACTION -LAW : 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) of the Divorce Code. 2. Reinstatement of Complaint on October 26, 2006. Date and manner of service of the Complaint by acceptance of service by Taylor P. Andrews, counsel for Defendant, on October 27, 2006. 3. Defendant has signed Waiver of Notice of Intention to Request Entry of Decree and Affidavit of Consent on October 23, 2006, both filed October 23, 2006. 4. Related claims pending: None, except paragraph in Decree: "Property settlement agreement dated October, 24, 2006 is incorporated into but is not merged with this decree." . Date: 0C 7-7 C: Taylor P. Andrews, Counsel for Defendant 9 John H?Broujos, EsgtW Attorn for Plaintiff Broujos & Gilroy, PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 C"; ry c-; _,. cz? t' CAROLE F. HODELL Plaintiff V. CHARLES BRUCE HODELL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. CIVIL 2005 IN DIVORCE PRAECIPE FOR REINSTATEMENT OF COMPLAINT: Reinstate Complaint in the above case. DATE: October 26, 2006 Re ectfully Submitte 3 1 John Broujos, Esquire Attorney for Plaintiff Supreme Court I.D. No. 06268 BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 (717) 243-4574 Fax (717) 243-8227 C: Taylor P. Andrews, Esquire for Defendant CDI ` ?_ ? -gym cn =I .; :I tr5 : r t=j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CAROLE F. HODELL, Plaintiff No. 05-1648 VERSUS CHARLES BRUCE HODELL, Defendant DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT CAROLE F. HODELL AND CHARLES BRUCE HODELL ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC D IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED PROPERTY SETTLEMENT AGREEMENT DATED OCTOBER 24, 2006 IS INCORPORATED INTO BUT IS NOT MERGED WITH THIS DECREE. BY THE COU ATTEST: J. PROTHONOTARY ?? ?? ?, ? -'t 7 ?? ;?? '? d K s , CAROLE F. HODELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 1648-2005 CIVIL TERM CIVIL ACTION - LAW CHARLES BRUCE HODELL, Defendant : IN DIVORCE STIPULATION In accordance with the Settlement Agreement of the Parties incorporated into the Divorce Decree entered in the above captioned case, the undersigned attorneys for the parties agree to the entry by the Court of a Qualified Domestic Relations Order in the form as attached hereto. Attorney for T Date P. Andrews, Esq. Taylor P. Andrews, Esq. Andrews & Johnson 78 W. Pomfret St. Carlisle, PA 17013 717 243-0123 Parti,pipant: r -/; In Charles Bruce Hodell Date G? Attorney for Plaintiff/Alternate Payee: John . Broujos, Esq. Date John H. Broujus, Esq. Broujos & Gilroy 4 N. Hanover St. Carlisle, PA 17013 717 243-4574 Alternate Payee: Carole F. Hodell 7 Date I Z --Z.f -&? C CAROLF; F. HODELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 1648-2005 CIVIL TERM CIVIL ACTION - LAW CHARLES BRUCE HODELL, Defendant : IN DIVORCE STIPULATION In accordance with the Settlement Agreement of the Parties incorporated into the Divorce Decree entered in the above captioned case, the undersigned attorneys for the parties agree to the entry by the Court of a Qualified Domestic Relations Order in the form as attached hereto. Attorney for Defendant/Participant: Taylo . Andrews, Esq. Date Taylor P. Andrews, Esq. Andrews & Johnson 78 W. Pomfret St. Carlisle, PA 17013 717 243-0123 Participant: I" / r- Charles Bruce Hodell 4A"At 10 o ate Attorney for Plaintiff/Alternate Payee: r John!H. Broujos, Esq. s Date John H. Broujus, Esq. Broujos & Gilroy 4 N. Hanover St. Carlisle, PA 17013 717 243-4574 Alternate Payee: 04.4.- 4 &?Ww 14-'01' /'6W" Carole F. Hodell -=.7- Date 41 JAN30 CAROLE F. HODELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 1648-2005 CIVIL TERM CIVIL ACTION - LAW CHARLES BRUCE HODELL, Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as that term is used under the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984, 29 U.S.C. Section 1056(d) and Section 414(p) of the Internal Revenue Code of 1986, as amended ("Code"). This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefit's under a defined benefit plan sponsored by Lockheed Martin Corporation, the name of which is Lockheed Martin Corporation Retirement Income Plan (the "Plan") and is entered pursuant to the authority granted under the applicable state domestic relations laws of Pennsylvania. This Order relates to the provisions of: Child Support Alimony Payments x Marital Property Rights 1. Participant Information: Charles Bruce Hodell, aka Chuck B. Hodell, born 9/13/1939, SS# 569-48-5694, now residing at 109 Secretariat Ct., Tinton Fall, New Jersey 07724-3845. 2. Alternate Payee Information: Carole F. Hodell, aka Carole M. Hodell, born 11/10/1941, SS# 245-66-9300, now residing at 271 Bellaire Park Rd., Carlisle, PA 17013. The "Alternate Payee" as defined by Section 414(p)(8) of the Internal Revenue Code is a former spouse of the Particpant. 3. Marital Dates: The parties were married on July 19, 1961, and were divorced on October 31, 2006. 4. Assignment and Segregation of Benefits: The Alternate Payee's interest in the Plan is equal to a fraction, the numerator of which is the number of months of credited service the Participant earned under the Plan during the marriage up to May 15, 2001, and the denominator of which is the total number of months of credited service the Participant earned under the Plan up to and including October 31, 2006, multiplied by 50%, and then multiplied by the Participant's vested benefit under the Plan as accrued to October 31, 2006. a.) Once determined, the Alternate Payee's portion of he Plan benefit shall be actuarially adjusted using Plan factors in effect at the time benefit payments commence to the Alternate Payee. Such actuarial adjustment will take into account the age difference between the Participant and the Alternate Payee. b.) If the Alternate Payee elects to commence prior to the Participant's normal retirement age, the Alternate Payee's separate benefit will be reduced fur such early commencement using plan factors in effect at such early commencement. c.) In the event the Alternate Payee commences benefits payments prior to the Participant, the Alternate Payee shall not be entitled to receive any early retirement subsidy. However, the Alternate Payee's benefit may be recalculated in the event the Participant subsequently commences benefit payments and is eligible for subsidized benefits or ad hoc increases. d.) In the event the Participant qualifies to receive retirement benefits based upon disability, the Alternate Payee's interest shall be based only upon the benefits attributable to the Participant's longevity, and shall not be based upon the benefits attributable to the Participant's disability. e.) If the Participant terminates employment or dies before vesting in his or her Plan benefit, the Participant's entire benefit accrued under the Plan, including any part awarded to the Alternate Payee, is forfeited. 5. Commencement and Form of Benefits a.) The Alternate Payee may elect to receive his or her vested benefit in any optional form permitted for Alternate Payee by the Plan in effect at the Alternate Payee's commencement except that the Alternate Payee may not elect to receive; (i) a level income annuity option or, (ii) a qualified joint and survivor annuity with a subsequent spouse. b.) The Alternate Payee may choose to receive benefits as of the earliest retirement date upon which the Participant is eligible to commence benefits under the Plan, but must commence no later than the Participant's actual date of benefit commencement. It is the responsibility of the Alternate Payee to notify the Plan Administrator, in writing, the date the Alternate Payee wishes to commence payment of his or her benefit. Payments will be issued to the Alternate Payee on the date selected by the Alternate Payee or as soon thereafter as administratively feasible following the Alternate Payee's proper completion of any paperwork as may be required by the Plan. c.) Any election by the Alternate Payee must comply with the minimum distribution requirements of Code section 401(a)(9). d.) Notwithstanding any other provision of this Order, the benefit assigned to the Alternate Payee will be paid in a lump sum if it is subject to the cash out terms of the Plan. 6. In the Event of Death a.) If the death of the Participant occurs before the Alternate Payee has commenced benefit payments, the Alternate Payee will be designated as the Participant's surviving spouse for the purposes of the Pre-Retirement Surviving Spouse Annuity, to the extent of the community interest awarded to the Alternate Payee in Section 4 herein. In such event, the Pre-Retirement Surviving Spouse Annuity would be payable in lieu of any other benefits which may have been payable as a result of this Order. The death of the Participant after the Alternate Payee has commenced benefit payments will have no affect on the Alternate Payee's benefit. All benefits retained by the Participant will be paid according-to the Plan provisions. b.) If the death of the Alternate Payee occurs before the Alternate Payee commences benefit payment, then, notwithstanding any other section of this Order, no benefits shall be paid to the Alternate Payee, his or her heirs, representatives or estate. All benefits awarded to the Alternate Payee will revert to back to the Participant. c.) If the Participant or the Alternate Payee dies after benefits have commenced to him or her, post-retirement death benefits, if any, will be paid solely in accordance with the form of benefit elected by the decedent. Post-retirement benefits, if any, will be paid to the decedent's designated beneficiary of record with the Plan on the date of death. d.) The Alternate Payee will not be treated as the spouse of the Participant for purposes of the survivor annuities under Code section 417 except as noted in Section (6a) above. 7. Jurisdiction, Effect and Validity of Order a.) This Order shall become effective only after it is both entered with the Court and qualified by the Lockheed Martin Corporation QDRO Department. b.) In the event that the Lockheed Martin Corporation QDRO Department does not qualify this Order, each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Plan. c.) The Order shall remain in effect until the Alternate Payee has received the value of all benefits to which he or she is entitled pursuant the terms of this Order or until the Court issues a further Order. d.) Subsequent remarriage be either party will not effect the terms of the Order. e.) This Court retains jurisdiction to enforce, revise, modify, or amend this Order to the extent necessary to establish or maintain its qualification as a QDRO under the ERISA and the Code. 8. Statutory Plan Protection a.) The Plan will not pay any benefits to the Alternate Payee under this Order hat are required to be paid to another alternate payee under the Order previously determined to be a Qualified Domestic Relations Order. b.) The Plan will not provide the Alternate Payee with any type or form of benefit or any option not otherwise available under the Plan. The total benefits paid to the Alternate Payee and Participant under this Order shall not exceed the amount of benefits that would have been paid the Participant in the absence of the Order. c.) The Plan is not required to make any payment or take any action which is inconsistent with any applicable law, rule, regulation or judicial decision. 9. Miscellaneous a.) The Plan shall not be responsible for any attorney's fees or other costs incurred by the Participant and the Alternate Payee in connection with obtaining and enforcing the Order. b.) To the extent the Participant receives any benefits that are payable to the Alternate Payee, the Participant shall be deemed to be a trustee holding the amount of such benefits in a constructive trust for the benefit of the Alternate Payee. The Participant is ordered to pay such amount to the Alternate Payee within thirty (30) days after receipt of such amount. c.) To the extent the Alternate Payee receives any benefits that are payable to the Participant, the Alternate Payee shall be deemed to be a trustee holding the amount of such benefits in a constructive trust for the benefit of the Participant. The Alternate Payee is ordered to pay such amount to the Participant within thirty (30) days after receipt of such amount. d.) The Participant and Alternate Payee are separately subject to tax on their respective portions of the benefits paid to each of them from the Plan. All payments issued under this Order are subject to applicable Federal, state and local tax withholding and reporting rules. If the Alternate Payee is the spouse or former spouse of the Participant, payment from the Plan to the Alternate Payee pursuant to this Order shall be included in the Alternate Payee's gross taxable income. e.) The Plan Administrator may, in the event of conflict or at any other time, cease making payments under this Order or take any other action that it, in its sole discretion, deems necessary to protect the interests of the Plan, Participant or Alternate Payee. f.) It is the responsibility of the Participant and the Alternate Payee to keep the Plan informed, in writing, as to any changes in his or her legal name and/or mailing address. -3 ?, IT IS SO ORDERED This cc: John H. Broujos, Esquire, Attorney for Plaintiff/Alternate Payee • 1711? Taylor P. Andrews, Esquire, Attorney for Defendant/Participant , L)- s of Judge of the Court of Comm/vaniaa Cumberland County, Pennsy t+?r d ? ? (D Cv U aAti CAROLE F. HODELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 1648-2005 CIVIL TERM CIVIL ACTION - LAW CHARLES BRUCE HODELL, Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as that term is used under the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984, 29 U.S.C. Section 1056(d) and Section 414(p) of the Internal Revenue Code of 1986, as amended ("Code"). This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefit's under the L-3 Communications Corporation's defined benefit plan, the name of which is L-3 Communications Systems West Retirement Plan (the "Plan") and is entered pursuant to the authority granted under the applicable state domestic relations laws of Pennsylvania. This Order relates to the provisions of. Child Support Alimony Payments x Marital Property Rights 1. Participant Information: Charles Bruce Hodell, aka Chuck B. Hodell, born 9/13/1939, SS# 569-48-5694, now residing at 109 Secretariat Ct., Tinton Fall, New Jersey 07724-3845. 2. Alternate Payee Information: Carole F. Hodell, aka Carole M. Hodell, born 11/10/1941, SS# 245-66-9300, now residing at 271 Bellaire Park Rd., Carlisle, PA 17013. The "Alternate Payee" as defined by Section 414(p)(8) of the Internal Revenue Code is a former spouse of the Particpant. 3. Marital Dates: The parties were married on July 19, 1961, and were divorced on October 31, 2006. 4. Assignment of Benefits: The Participant commenced receipt of benefits on October 1, 2004. The Participant is presently receiving a total monthly benefit of $888.91 payable in the form of joint and survivor. This order creates and recognizes as to the Plan the existence of the Alternate Payee's right, subject to the following provisions of this Order, to a share of the benefits otherwise payable to the Participant. The Alternate Payee shall receive 50% of the benefit payments currently being paid to the Particpant. Payment to the Alternate Payee shall commence as soon as administratively feasible following the Plan Administrator's qualification of this Order and the Alternate Payee's completion of all the forms as may be required by the Plan or the Code. If the amount of the Participant's benefit changes in the future, the Alternate Payee will receive the same percentage of the new amount. 5. In the Event of Death In the event the Participant predeceases the Alternate Payee, payments issued to the Alternate Payee pursuant to the terms of this Order shall cease immediately. However, in the event the Alternate Payee had been designated as the Surviving Spouse or Contingent Annuitant at the commencement of the Participant's retirement benefits, the Alternate Payee will receive survivor benefits in accordance with the terms of the Plan based upon the election made by the Participant at commencement. Survivor benefits and/or death benefit will be paid to beneficiaries of record designated by the Participant at commencement. In the event the Alternate Payee predeceases the Participant, the benefits assigned to the Alternate Payee by this Order will revert to the Particpant. 6. Jurisdiction, Effect and Validity of Order a.) This Order shall become effective only after it is both entered with the Court and qualified by the QDRO Department. In the event that the QDRO Department does not qualify this Order, each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Plan. b.) The Order shall remain in effect until the Alternate Payee has received the value of all benefits to which she is entitled pursuant the terms of this Order or until the Court issues a further Order. Subsequent remarriage be either party will not effect the terms of the Order. c.) This Court retains jurisdiction to enforce, revise, modify, or amend this Order to the extent necessary to establish or maintain its qualification as a QDRO under the ERISA and the Code. 7. Statutory Plan Protections a.) The Plan will not pay any benefits to the Alternate Payee under this Order that are required to be paid to another alternate payee under the Order previously determined to be a Qualified Domestic Relations Order. b.) The Plan will not provide the Alternate Payee with any type or form of benefit or any option not otherwise available under the Plan. The total benefits paid to the Alternate Payee and Participant under this Order shall not exceed the amount of benefits that would have been paid the Participant in the absence of the Order. c.) The Plan is not required to make any payment or take any action which is inconsistent with any applicable law, rule, regulation or judicial decision. 8. Miscellaneous a.) The Plan shall not be responsible for any attorney's fees or other costs incurred by the Participant and the Alternate Payee in connection with obtaining and enforcing the Order. b.) To the extent the Participant receives any benefits that are payable to the Alternate Payee, the Participant shall be deemed to be a trustee holding the amount of such benefits in a constructive trust for the benefit of the Alternate Payee. The Participant is ordered to pay such amount to the Alternate Payee within thirty (30) days after receipt of such amount. To the extent the Alternate Payee receives any benefits that are payable to the Participant, the Alternate Payee shall be deemed to be a trustee holding the amount of such benefits in a constructive trust for the benefit of the Participant. The Alternate Payee is ordered to pay such amount to the Participant within thirty (30) days after receipt of such amount. c.) The Participant and Alternate Payee are separately subject to tax on their respective portions of the benefits paid to each of them from the Plan. All payments issued under this Order are subject to applicable Federal, state and local tax withholding and reporting rules. If the Alternate Payee is the spouse or former spouse of the Participant, payment from the Plan to the Alternate Payee pursuant to this Order shall be included in the Alternate Payee's gross taxable income. d.) The Plan Administrator may, in the event of conflict or at any other time, cease making payments under this Order or take any other action that it, in its sole discretion, deems necessary to protect the interests of the Plan, Participant or Alternate Payee. N e.) It is the responsibility of the Participant and the Alternate Payee to keep the Plan informed, in writing, as to any changes in his or her legal name and/or mailing address. Y IT IS SO ORDERED This day of J. Judge of the Court of Comm n Pleas of Cumberland County, Pennsylvania cc: John H. Broujos, Esquire, Attorney for Plaintiff/Alternate Payee Taylor P. Andrews, Esquire, Attorney for Defendant/Participant cr: Lfa^` Lu Ll . r_5 ?"V CAROLE F. HODELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 1648-2005 CIVIL TERM CIVIL ACTION - LAW CHARLES BRUCE HODELL, Defendant : IN DIVORCE STIPULATION In accordance with the Settlement Agreement of the Parties incorporated into the Divorce Decree entered in the above captioned case, the undersigned attorneys for the parties agree to the entry by the Court of a Qualified Domestic Relations Order in the form as attached hereto. Attorney for Defendant/Participant: Tayl r . Andrews, Esq. ?3 -(3 -c`? 7 Attorney for Plaintiff/Alternate Payee: Jol H. Broujos, Esq. L- C1 n`-t Date Taylor P. Andrews, Esq. Andrews & Johnson 78 W. Pomfret St. Carlisle, PA 17013 717 243-0123 Participant: r - r 46 1 Charles Foce Hodell ; aEll Date Date John H. Broujos, Esq. Broujos & Gilroy 4 N. Hanover St. Carlisle, PA 17013 717 243-4574 Alternate Payee: /1/. X4&6 Carole F. Hodell Date ;jin SIC, W6 CAROLE F. HODELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 1648-2005 CIVIL TERM CIVIL ACTION - LAW CHARLES BRUCE HODELL, Defendant : IN DIVORCE STIPULATION In accordance with the Settlement Agreement of the Parties incorporated into the Divorce Decree entered in the above captioned case, the undersigned attorneys for the parties agree to the entry by the Court of a Qualified Domestic Relations Order in the form as attached hereto. Attorney for Defendan P ipant: Attorney for Plaintiff/Alternate Payee: ..tom°? .. Tay o. Andrews, Esq. John H. ?roujos, Esq. 3-16 -07 &, GI. ) I Date Date Taylor P. Andrews, Esq. Andrews & Johnson 78 W. Pomfret St. Carlisle, PA 17013 717 243-0123 John H. Broujos, Esq. Broujos & Gilroy 4 N. Hanover St. Carlisle, PA 17013 717 243-4574 Participant: Charles Bruce Hodell 1 I A 2'-&-7v Date Alternate Payee: • )4/?_ Carole F. Hodell 1/ -/l - 7 Date i APR 23 zoo?0' CAROLE F. HODELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 1648-2005 CIVIL TERM CIVIL ACTION - LAW CHARLES BRUCE HODELL, Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, Charles Bruce Hodell, aka Charles B. Hodell, (the "Participant"), and Carole F. Hodell, aka Carole M. Hodell (the "Alternate Payee") have agreed to the division of marital property pursuant to State domestic relations law, which agreement provides for the entry of a Domestic Relations Order (the "Order") to provide for the division and disposition of the account balances of the Participant under a savings plan sponsored by Unisys (alternatively the Unisys Savings Plan, plan number 004, the Unisys Retirement Investment Plan, plan number 013, all of which shall be referred to as the "Savings Plan"), a profit sharing plan with a cash or deferred arrangement, which is maintained and administered by Unisys Corporation (Employer Identification Number 38-0387840) and to grant to the Alternate Payee rights to such benefits in such amounts and on the terms and conditions prescribed in this Order and in the Plans; and WHEREAS, the estimated value of the Participant's account balances in the Unisys Savings Plan as of September 30, 2006 was $190,277 in the non-frozen account; and $0 in the frozen account; and WHEREAS, the Savings Plan allows for immediate distributions of an Alternate Payee's interest in the Savings Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order ("QDRO") as that term is defined in Section 414(p) of the Code and Section 206(d)(3) of ERISA. NOW THEREFORE, it is hereby ORDERED AND ADJUDGED as follows: 1. Amount of Benefits to be Distributed to Alternate Pa, The Alternate Payee shall be entitled to receive 50 % of the Participant's Non-frozen Account Balances in the Savings Plan as of October 31, 2006, together wrt`h earnings or losses on that amount from that date until the date of actual distribution. Distribution required in order to comply with the terms of this Order will be made pro rata from each of the investment funds in which the Participant's accounts are invested. In the event any portion of the Participant's accounts is frozen, the Alternate Payee shall be allocated 50 % of such frozen accounts as of October 31, 2006, which shall be distributed to the Alternate Payee as soon as practicable after any such frozen assets are released for distribution. 2. Time and Manner of Payment The amounts set forth in Section 1 as payable from the Savings Plan shall be segregated in an account in the name of the Alternate Payee as soon as practicable after the Effective Date of the Order which shall be the date the Plan Administrator has determined pursuant to paragraph 7 hereof that this Order is a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Code and Section 206(d)(3) of ERISA, or, if such Plan Administrators have predetermined that this Order constitutes a Qualified Domestic Relations Order, then, immediately after entry of this Order. 3. Addresses The name and current mailing address of the Participant is as follows: Charles Bruce Hodell SSN: 569-48-5694 aka Chuck B. Hodell 109 Secretariat Court Tinton Falls, NJ 07724-3845 The name and current mailing address of the Alternate Payee is as follows: Carole F. Hodell aka Carole M. Hodell 271 Bellaire Park Rd. Carlisle, PA 17015 SSN: 245-66-9300 The Alternate Payee shall keep the Plan Administrator informed of her current address. Notice of any change of address shall be made in writing to the Plan Administrator of the Savings Plan addressed as follows: Savings Plan Administrator Unisys Corporation Unisys Way Blue Bell, PA 19424 4. Death of Alternate Payee In the event the Alternate Payee dies before all of the accounts from the Savings Plan are distributed to her under this Order, any amounts not yet distributed from the Savings Plan shall be paid to the beneficiary designated by the Alternate Payee. If the Alternate Payee has not designated a beneficiary, any amounts not yet distributed from the Savings Plan shall be paid in accordance with the Plan's procedures. 5. Death of Participant The death of the Participant prior to the death of the Alternate Payee shall not alter the Alternate Payee's rights hereunder to receive payment of amounts set forth in Section 1 hereof. 6. Liability for Income Taxes The Alternate Payee, shall be solely responsible for, and bear the burden of, all state, federal and any other income taxes, penalties and interest payable with respect to amounts distributed to the Alternate Payee undertaken pursuant to this Order. 7. Plan Administrator A copy of this Order shall be mailed promptly (return receipt requested) to the Plan Administrator. If this Order has been predetermined by the Plan Administrator to constitute a Qualified Domestic Relations Order, then the Plan Administrator shall promptly carry out its provisions. If this Order has not been predetermined by the Plan Administrator to be a Qualified Domestic Relations Order, then the Plan Administrator shall, within a reasonable time after receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both of the Participant and the Alternate Payee of such determination. During the period in which such determination is being made, the Plan Administrator shall comply with all requirements imposed upon him by Section 414(p)(7) of the Code and Section 20b(d)(3)(H) of ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, then he shall immediately notify both the Participant and the Alternate Payee of such determination and the reasons thereof. 8. Continuing Jurisdiction This Court shall retain jurisdiction to make any changes in this Order to the extent required to carry out the intent of the parties as provided in this Order and in the Agreement. IT IS SO ORDERED This 70 day of V , 2006. Judge of the Court of Common,P'je Cumberland County, Pennsylvania cc: John H. Broujos, Esquire, Attorney for Plaintiff/Alternate Payee Taylor P. Andrews, Esquire, Attorney for Defendant/Participant 30 ` b 7 0 THM r' r ;?'ta Y 21)Q1 AI"' 3l 11: Cur a APR 2 3 2007 ivl CAROLE F. HODELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 1648-2005 CIVIL TERM CIVIL ACTION - LAW CHARLES BRUCE HODELL, Defendant : IN DIVORCE STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, Petitioner and Respondent were married to each other on July 19, 1961, were separated on May 15, 2001, and were divorced on October 31, 2006; and WHEREAS, this Court has personal jurisdiction over both Petitioner and Respondent and jurisdiction over the subject matter of this Order and this dissolution of marriage action; and WHEREAS, Petitioner, Respondent and the Court intent that this Order shall be Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as that term is used in Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("the Act"), codified at 29 U.S.C. 1056(d); and WHEREAS, Petitioner and Respondent have stipulated that the Court shall enter this Order, and the Plan has stipulated that, when approved by the Plan and the Court, the Order shall constitute a QDRO. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order the following terms shall apply: a. The term "Participant" shall mean Charles Bruce Hodell, aka Chuck B. Hodell, whose Social Security Number is 569-48-5694, and whose date of birth is September 19, 1939. b. The term "Alternate Payee" shall mean Carole F. Hodell, aka Carole M. Hodell whose Social Security Number is 245-66-9300, and whose date of birth is November 10, 1941. c. The term "Plan" shall mean: Lockheed Martin Salaried Savings Plan 2. The Alternate Payee is the former spouse of the Participate. 3. This Order is entered pursuant to the Divorce Code of Pennsylvania. 4. This Order hereby creates and recognizes as to the Plan the existence of the Alternate Payee's right, subject to the following provisions of this Order, to a share of the benefits otherwise payable to Participant. 5. Alternate Payee's interest shall be valued on October 31, 2006 Alternate Payee is hereby awarded: (check one of the following) date cannot be prior to 7-1-98 x $ 41,456.03 of the Participant's account balance. % of the Participant's account balance. (Check one of the following boxes) x Alternate Payee's interest shall include accruals* (which may be an increase or decrease of the above amount) attributable to his/her share after the valuation date and prior to distribution (*accruals can only be tracked forward from 7-1-98) Alternate Payee is not awarded accruals attributable to his/her share of the Plan. Alternate Payee's interest in the Plan shall be based upon the unit values in accordance with the rules of the Plan. Upon distribution to Alternate Payee, said units shall be valued as if said distribution were made to Participant. 6. The Plan is directed to take any and all necessary actions to segregate the amount awarded herein to Alternate Payee as soon as administratively feasible. 7. If the Participant predeceases the Alternate Payee, payment to Alternate Payee shall nonetheless be made under the terms of this Order. If the Alternate Payee dies before full payment to Alternate Payee has been made, the amount unpaid shall be made to the beneficiary designated by the Alternate Payee, in writing, to the Administrator of the Plan in the manner prescribed by the Plan Administrator, or if no beneficiary has been so designated, to the Alternate Payee's estate. 8. Participant and Alternate Payee shall each be responsible for his or her own federal, state and local income and other taxes attributable to distributions from the Plan which are received by Participant and Alternate Payee, respectively. To the extent permitted by applicable law, Alternate Payee's tax liability with respect to the units distributed to Alternate Payee shall be determined as though the contributions by Participant resulting in such units has been made by Alternate Payee. The amounts paid to the Alternate Payee from the Plan that represent after-tax employee contributions shall be in the same proportion to the total amount payable to the Alternate Payee as the after-tax contributions included in Participant's account under the Plan bear to Participant's total account balance under the Plan, as of the valuation date specified herein. The Plan shall provide to Participant and Alternate Payee in accordance with its customary procedures such information as is normally provided to participants in the Plan with respect to the taxability of distribution from the Plan. Any payments to the Alternate Payee made by the Plan shall be subject to withholding for federal and state tax. 9. This Court reserves jurisdiction over the parties and the Plan until such time as all obligations of the Plan to Alternate Payee under this Order have been fully paid and discharged. 10. All notices and other communications shall be mailed to the parties by first class mail, postage prepaid, at the following addresses: To Participant: 109 Secretariat Court Tinton Falls, NJ 07724-3845 To Alternate Payee: 271 Bellaire Park Rd. Carlisle, PA 17013-9643 On behalf of the Plan Administrator: Lockheed Martin Corporation QDRO Department 270 Davidson Avenue, 7t' Floor Somerset, NJ 08873 Any of the above parties may designated another address for the purpose of receiving notices and communications pursuant to this Order by giving written notice thereof as provided above to the other parties at the addresses then currently in effect. x 11. No provision in this Order shall be construed to require the Plan, the Administrator of the Plan, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan as now in effect or hereafter amended. 12. This Order is intended to be a QDRO made pursuant to the Act, and its provisions shall be administered and interpreted in conformity with said Act. In the event that the Act is amended or the law regarding QDROs is otherwise changed or modified, then the parties hereto shall immediately take such steps as are necessary to amend this QDRO to comply with any such changes, amendments and/or modifications, or, if permissible under any such change, amendment, or modification to the Act or laws regarding QDROs, the Plan Administrator of the Plan may elect to treat this QDRO as qualifying order. 13. Notwithstanding any provision of this Order to the contrary, no provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any federal law, rule, regulation or applicable judicial decision; (b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan and specifically authorized by this Order; (c) provide increased benefits (determined on the basis of actuarial value); or (d) pay benefits to any alternate payee (as defined in the Act) which are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order (as defined in the Act). 14. The undertakings and obligations of the Plan as set forth in this Order are solely those of the Plan. Neither Lockheed Martin Corporation, any of its subsidiary or affiliated corporations, nor any officer, employee or agent of any of said corporations (other than the Administrator of the Plan solely in his capacity as Plan Administrator) shall be deemed to have made any undertakings or incurred any obligations as a result of this Order. I?r ? l 15. Notwithstanding any other provision of this Order in the event that Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Administrator of the Plan shall determine to be inconsistent with the provisions of this Order or with any provisions of the Act or any successor statute thereto, the Plan may forthwith cease making any further payments to any person whose rights under the Plan, in the sole judgment of the Plan Administrator, may be affected by such claim pending resolution of such claim or further order of this Court, and the Plan may also take such further action or actions as may be permitted by law with respect to such claim and/or this Order. 16. This Court shall retain jurisdiction to make any changes in this Order to the extent required to carry out the intent of the parties as provided in this Order and in the Agreement. IT IS SO ORDERED This 7.0 day of y , 2006. cc: John H. Broujos, Esquire, Attorney for Plaintiff/Alternate Payee Taylor P. Andrews, Esquire, Attorney for Defendant/Participant Judge of the Court of Common Pleas of Cumberland County, Pennsylvania ti• OF THE it "Jr 2UG31 tzr'R u0 A I 1 : ? 4 _NW CAROLE F. HODELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-1648 CIVIL TERM CHARLES B. HODELL, CIVIL ACTION -LAW Defendant IN DIVORCE RELATED MATTERS The Honorable Edgar B. Bayley signed the Decree in Divorce related to this matter on October 31, 2006. CAROLE F. HODELL, Plaintiff V. CHARLES B. HODELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-1648 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DIVORCE STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT, entered into this day of November, 2007, by and between Carole F. Hodell, a.k.a. Carole M. Hodell (hereinafter, "Plaintiff') and Charles B. Hodell (hereinafter, "Defendant") (collectively, the "Parties") is executed in contemplation of becoming an Order of Court. WHEREAS, the Parties were married on July 19, 1961 in Monterey, California; and WHEREAS, the Parties separated on May 15, 2001; and WHEREAS, the Parties entered into a Separation Agreement on October 23, 2006; and WHEREAS, the Parties obtained a Decree in Divorce from this Court on October 31, 2006; and WHEREAS, it was the express intention of both Parties that Plaintiff receive half of Defendant's military pension, including a Survivor Benefit Plan for Plaintiff as a "former spouse"; and WHEREAS, Plaintiff, subsequent to the Divorce Decree, applied for the Survivor Benefit Plan as a "former spouse" of Defendant; and WHEREAS, Defendant, subsequent to the Divorce Decree, expressly acquiesced to Plaintiff's entitlement to his Survivor Benefit Plan; and WHEREAS, the Defense Finance and Accounting Service of the United States Department of Defense (hereinafter, "DFAS") has recently determined that the language of the Separation Agreement is not specific enough for DFAS to grant Plaintiff "former spouse" status for the Survivor Benefit Plan (hereinafter, "SBP"), despite Defendant's express acquiescence to Plaintiff's status as such. NOW THEREFORE, for and in consideration of the mutual promises herein and intending to be legally bound hereby, the Parties agree to the following modification to their Separation Agreement of October 23, 2006 as follows: 8. Equitable Distribution of Investments. G. During their marriage, the Parties mutually agreed to enroll in the SBP through Defendant's work. Since that date, Plaintiff has been covered by the SBP. The Parties are aware that SBP is terminated automatically upon divorce but can be reinstituted thereafter. It is the express intention of both Parties for Defendant to provide for Plaintiff the SBP with "former spouse" status. Defendant hereby designates Plaintiff as a "former spouse" beneficiary for the Survivor Benefit Plan (SBP). This designation is final and not subject to modification hereafter. Defendant shall submit a DD Form 2656-1 to convert the SBP from the status of "spouse" to "former spouse". Plaintiff, in order to guarantee her compliance with the Order of Court, shall submit a "deemed election" request to DFAS. Thereafter, Defendant shall maintain the SBP for the benefit of Plaintiff for the duration of Defendant's lifetime. This paragraph is specifically implemented to ensure that DFAS grants Plaintiff's election for the SBP under "former spouse" status. IN WITNESS WHEREOF, for and in consideration of the mutual promises herein and intending to be legally bound hereby, the Parties set their respective hands and seals to this Agreement, the day, month, and year first-above written. This Stipulation and Agreement is in addition to and not in place of the Parties' prior Separation Agreement, dated October 23, 2006. All terms of the 2006 Separation Agreement shall remain in full force and effect. WITNESS: F 1 ylo P. Andrews, Esquire Attorney for Defendant Carole F. Hodell, Plaintiff Charles B. Hodell, Defendant r , - - -1 -- -- - Attorney for Plaintiff C= C= 0 -n 3 0 z ^j.. co . r^ ? ., t' CAROLE F. HODELL, Plaintiff V. CHARLES B. HODELL, Defendant NOV 182001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-1648 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER OF COURT AND NOW, this day of I ? A w4d, , 2007, the following is hereby made an Order of this Court: 1. Defendant shall designate Plaintiff as a "former spouse" beneficiary for the Survivor Benefit Plan (hereinafter, "SBP"). This designation is final and not subject to modification hereafter. 2. Defendant shall submit a DD Form 2656-1 to convert the SBP from the status of "spouse" to "former spouse". 3. Plaintiff, in order to guarantee her compliance with the Order of Court, shall submit a "deemed election" request to the Defense Finance and Accounting Service of the United States Department of Defense. Thereafter, Defendant shall maintain the SBP for the benefit of Plaintiff for the duration of Defendant's lifetime. 4. This Order is entered pursuant to the agreement of the Parties and in accordance with the Parties' Divorce Agreement and Stipulation. BY THE COURT Edgar B. Bay ,y, P.J. cc: ob rt J. Dailey, Attorney for Plaintiff ylor P. Andrews, Attorney for Defendant cxs CO) k;klr?? ?? ra PROTHONOTARY FOR THE COUNTY OF CUMBERLAND IN THE COMMONWEALTH OF PENNSYLVANIA IN RE: HODELL V. HODELL IN DIVORCE 2005-1648 -T-1 PRAECIPE TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY PLEASE WITHDRAW MY APPEARANCE AS COUNSEL IN THE ABOVE-REFERENCED MATTER SINCE I HAVE RETIRED FROM PRACTICE AND HAVE NOT BEEN INVOLVED FOR SOME TIME. DATE: 10-18-2011 J 4 \ Jo OUJOS AT RNEY ID #6268 4 NORTH HANOVER ST. CARLISLE, PA. 17013 PHONE: 717-2434574