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HomeMy WebLinkAbout00-02084 . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . STATE OF . . CHRISTOPHER M. UMBERGER, . . Plaintiff . . . . . VERSUS YOLANDA R. UMBERGER, Defendant . . . PENNA. No. 2000-2084 Civil IN DIVORCE DECREE IN DIVORCE . . . . ~t;{ 3 AND NOW, . , Loe> ( , IT is ORDERED AND DECREED THAT CHRISTOPHER M. UMBERGER , PLAINTiFF, . AND YOLANDA R. UMBERGER , 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; . . . . NONE. . . . . . . . . . . . . . . . . AT PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . mi",l~ ';'i~'o ~- ;, ^. - ",-J.'~___'_.'o, _ '.:..-. ~;,...~''''_~~ - ~ , ",1II1i.'0'" ~ ~~ ~ ~~!/, /tfI./I/1 ~r~ ~~~'~ /{/7~';7 ~- ;'<~". ~\' , >~,"",. .-" -~- .' . .~.." ,~~ , ' ." CHRISTOPHER M. UMBERGER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- 2084 CIVIL TERM YOLANDA R. UMBERGER, 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: irret~ievable breakdown under Section 3301(c) 3301(6)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Judith Calkin, Esquire, Attorney for Defendant. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff March 15,2001 filed; by the Defendant March 7, 2001 filed. (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's affidavit upon the Defendant 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 3/30/01 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 3/30/01 IIliI I, ~.-' "~~~""'~~".'- ,~,~ ~ =-,' '?"~'"'"'''""' ~. ", '-'1IiW_~' ,,,,~,, ,."<<" (") a n ~" C -n $': ~;,.... -0 OJ :'iJl- mr"' ;;1:1 2::r-r zc- r;".} u>.f:::' 0 -<, ~c:' -0 )>c...., ~ zc5 w Pc:: ;.:.: ~b =< '0 -< IG -,'" , o! _ ,-" -_ -"",,"-,--; ,,~- - ,,;.;; ''',.~, '''''''~'~___'.~-''~H_'r..::,--,,_-C\,,' ,.- '~,", . __.L '--'~'-'__:>,;'__" ",_",.';.__ J!~l CHRISTOPHER M. UMBERGER, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 00 - ;;cPt CIVIL TERM IN DIVORCE YOLANDA R. UMBERGER, Defendant 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 the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: D.m~J 1-m Carol ID# 11 East High Street Carlisle, PA 17013 (717) 243-5513 .' ~ -""'''--'-''. ',-'," , , ,~-" I.', I_.~ CHRISTOPHER M. UMBERGER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 00 - UJ rl CIVIL TERM IN DIVORCE YOLANDA R. UMBERGER, Defendant COMPLAINT IN DIVORCE CHRISTOPHER M. UMBERGER, Plaintiff, by his attorneys, FLOWER, FLOWER & LINDSAY, P.C., respectfully represents: 1. The Plaintiff is Christopher M. Umberger, who currently resides at 48 Buttonwood Lane, Carlisle, Curnberland County, Pennsylvania, where he has resided since 1997. 2. The Defendant is Yolanda R. Umberger, who currently resides at 164 Cedar Lane, Carlisle, Cumberland County, Pennsylvania, where has resided since March 17,2000. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 30, 1997, at Curnberland County, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. ,- . _on '. ~'-' U.-' "I<' -.~- '" ,_,,', , -,~ ____,-',i~_'" ,0'__",.-;0' 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Date: f /~/ frO / arol J. Linds ,Esquire ID # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 , ,.. """~~" II I: Ii Ii Ii Ii ,., ~', "c, , ~ - -, I., J '.;; _. :"I~~~ " t i<_" ~'~'i ^l ;,,~_-.j::"~~, ",>~ -, ,,-.r c ;:.,,,_>.",;,- 1"'_ ,', ,<"__l_ ~ . VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. a~~~ . Christopher M. berger Date: 3-)S-eo _Ii ic~ "' ....- :';'~lill1~""';"- .~...... '-'.1lW '>'"-;.<,:;":,.,,;,,,, . " '-'~ ''-' _ 0 - ~.," " 0 0 ,-, ~ 0 ,j :1 :::-...,- :D> ""D <" f' ~ ~"a ~b:} -;:-_:J -i~ Z I ,~ (/) "~ VI ""~ -< ...< C::J r:: Ci ~:~l ~T , -B-: C; ,'-, :2] Z r', C) 5> d (-,,-) ~5 i'7l c: ~ ~ --I ~'...> .::D n 1"0 -< MAR 2 82000 fit , - ~ ,..~,~; CHRISTOPHER M. UMBERGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. CIVIL ACTION - LAW NO. 2000- 2084 CIVIL TERM YOLANDA R. UMBERGER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under, 3301 (c) of the Divorce Code was filed on April 12, 2000. 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 in 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 to the best of my knowledge, information and belief. 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- 9 -0 I WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Christopher M. Umberger, Date: "] - q - 0 ( c'" I UJj'ifij..J - 'I!N.. "'""1.frfrtli....''ili!' lliii1tHilsl ~illlllliil~n ~~'" .' M~R 1 7. 2001 ", '~~~>~~----- "-"""'~ l... " -- ""~'" ' ;1 (") 0 c: 0 -o~ ., :n: mrn :t:>> 2..>) ::0 ;JJ 2);: -nrT; (f) - ;:$2 t.n 'i;'Q :;:;::0 -0 ~:.:!(~ ~O i- --, ::I': 011 0 .:.;;I(') 5>c: ~ esrn ~ );! lD :::J;J -< , , ~',-- """ ;' " ~ CHRISTOPHER M. UMBERGER,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 00-2084 CIVIL ACTION-IN DIVORCE YOLANDA R. UMBERGER, Defendant A1<'J.4'WA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was f,iled on April 12, 2000. 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 in Divorce after service of notice of intention to request entry of the decree. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date:3{crj D{ YoIflhliJ fj ~ ' , olanaa R. Umberg . SS# No .dDS 090 f30 )? m' ~v=~ '~ ;iiilDiii1lliiillliiiili~l"",",'~"',,,"," .:... ~~_.",,~~~~U ,~< " '.~.." '. . ~ , "" " . u . ~tMiol.lll~1IIl 0 0 0 ~ ...., ::J: .-. ~"OJ - ~.,.. II! :::0 H1~ ':::0 I -om zS; :tJy (p. -.I -<"",-, ~o kO -0 :r:+i ~o ::Jl;: o-~ 20 :;;:8 r.a om ~ ":::> ~ :g 0 .... , . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2084 CIVIL ACTION-IN DIVORCE CHRISTOPHER M. UMBERGER,: Plaintiff YOLANDA R. UMBERGER, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (e) OF THE DIVORCE CODE 1. I consent to entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree 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. 4. I verify that the statement 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. Section 4904, relating to unsworn falsification to authorities. i DATE: 81 ')' to) ill.....":..'J--: J"oc t'W>'l"'~~"(o.,.;'ii:liliiiiiiliilIWir""-'. ~ ~~...; ~ "'-"jltmj,ili.H.~'~='~'~ -". . ''""-'" "" ~~~ <='.>_~"',,,., ,9.. '" -;,~MU~ >~ ~-~" 0 0 0 C ~Tl s:: ::lI: ::;:1 "OeD "'" {~h~ ~93 ::0 ~~ I 'T~nl ",,"'-)0 -.J \;~l 2""C ;:::0 -0 ':(l~7. ~n ::lI: b::D -0 20 >c: r,g Om ~ 0 ;;;! 0 :;;J . , - ~ ~ . ~ , ~ - .......-- -~ SAIDlS SHUFF, FLOWER & LINDSAY ATrORNEYSIIAT'JAW 26 W, High SITeel Carlisle. PA ~~ ~ - "-'- "~_I~...."",,~~ ^" ,.i""~""'~N _ , . '. CHRISTOPHER M. UMBERGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- 2084 CIVIL TERM "s. YOLANDA R. UMBERGER, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of Defendant. Yolanda R. Umberger, and certify that I am authorized to do so, in the above captioned rnatter. t-/ lu /J IJ O() Date ~ Judith A. Calkin, Esquire 2201 North Second Street Harrisburg, PA 17110 iidI"'. ,c\ "'""-w"~=~,~ Ii.'- '-1iIiil:I~."d~_LJ1-""~'~~'~~-~""""~"'''' .. .'-' . . ,~,'~" =,. '", ." , ~~ ., -" ",,, '~'n-rt .- .~ MAR 2 8 2001 (") C ~~ c \,,; -,' ~. ~, -065 :L'"'" mr-n ';Cl n. ~, Z:J:', Z (~:- c."1- :"1-1 ~;r C' !<C G.l --r,J "~--, )>~, -~ ;-, ~; z>-~ ";'("5 5> CJ S--~) (.)rn C :z.; - -< 0:) _v -< . , ~f$iJlbi, 1 MAR 15 2002) vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- 2084 CIVIL TERM CHRISTOPHER M. UMBERGER, Plaintiff YOLANDA R. UMBERGER, nlkla YOLANDA R. GARLINGER, Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER LOWE'S COMEANIESEMPLOYE,E SAVINGS AND INVESTMiENt PLAN (ESIPl AND now this r~( day of --M ~ ,-L , 2002, upon consideration of the Marital Settlement Agreement entered into by the parties, pursuant to Sections 414(p)(1) and (2) of the Internal Revenue Code of 1954, as amended, and upon the request of the parties for the entry of a Qualified Domestic Relations Order, hereinafter QDRO, dealing with certain marital property and rights of the parties herein, it is hereby ordered and directed as follows: I. Findinas of Fact: 1. Plaintiff and Defendant were married on August 30, 1997 and divorced on April 3, 2001. During their marriage, the parties acquired marital property, which marital property included the benefit plan of Lowe's Companies Employee Savings and Investment Plan and Trust (ESIP), hereinafter referred to as "Plan". 2. The term "Participant" means Christopher M. Umberger, Social Security Number 204-48-1556, who is a participant in the Plan whose last known address is P..Box 473, New Kingston, PA 17072. ,',L '''''''"'i&.",",".~'-i.~''';;'~'jillillll..!llllllBiHil wiliiW,j .. ....- -" N (~l Cl..~ >- I:; 5"", ~3~ ~"~3 ~3~ }llj.! :~.~L.. :J (.) e1\ 0".' .at:_"_ ,~--" ..,J::;.... 0+.1 C\ "JL~,I\:'_'.."-- ,=.^ lliiIiiIll~ , """""'"'-1: 'il&IililME!li~tii~iMlIi~' '_'<"0 { ~. ., >,= I 3. The "Alternate Payee" is the former spouse of the Participant, Yolanda R. Umberger n/kla Yolanda R. Garlinger, Social Security Number 205-66- 8308 whose last known address is 237 N. 2nd Street, Wormleysburg, PA 17043, 4. The Administrator of the Plan is Lowe's Companies, Inc., hereinafter referred to as the "Administrator". 5. Plaintiff and Defendant have agreed that Alternate Payee shall receive from Participant's interest in the Plan $2,090.79 with any earnings or loss thereon from August 31,1999. II. CONCLUSIONS OF LAW. 1. The divisional property as between Participant and Alternate Payee, including the division of the Plan, is part of an equitable distribution of marital property acquired by them during marriage, and further, is "incident to divorce". 2. This QDRO is appropriately entered by the Court under the Divorce Code of Pennsylvania. 3. The Administrator of the Plan shall recognize the right of Yolanda R. Umberger as Alternate Payee to demand division of the Plan to the extent set forth hereafter. 4. Each party is hereby ordered an interest in and to the Plan, with Alternate Payee's interest to consist of $2,090,79 together with earnings or any earnings or loss thereon from August 31, 1999 previously credited to the Participant's account. The Participant shall retain the balance of said account free and clear of any further claim by the Alternate Payee. As of the date of this Order, Lowe's Companies' Employees Savings Investment Plan (ESIP) shall set aside in a separate account for the Alternate Payee $2,090.79 together with any earnings or loss thereon from August 31, 1999 for the sole benefit of the Alternate Payee. Nothing contained in this paragraph shall be construed to require any Plan or Plan Administrator: (1) to provide to the Alternate Payee any type or form of benefit or any option not otherwise available to the Participant of the Plan; (2) to provide to the Alternate Payee increased benefits not available to the Participant; (3) to require any distribution to the Alternate Payee before the earliest date that the Participant is eligible to receive a distribution; and (4) to pay any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order determined by the Plan Administrator to be a Qualified Domestic Relations Order (hereinafter calledQDRO) before this document is determined by the Plan Administrator to be a QDRO. 5. In the event of the death of Participant, the Alternate Payee would be entitled to receive the entire balance of the Alternate Payee account. 6. The Alternate Payee shall be entitled to receive the benefits specified herein, only in accordance with law, and the terms of a Plan agreement. Alternate Payee agrees to comply with all terms and conditions of the Plan now in effect or as may hereafter be amended, not otherwise in contravention of the right of the Alternate Payee to receive such payments as ordered herein. Alternate Payee shall not be deemed a Participant in the Plan solely by reason of the receipt of this Order by the Plan and its Administrator. -~ . '.-"0."" _......'~ ., _l.-c; 7. No portion of this Order is intended to require the Plan to provide any type or form of benefit or any option not otherwise provided under the Plan, nor shall this Order require any distribution to the Alternate Payee before the earliest date that Participant is eligible to receive a distribution. This Order shall not require the Plan to provide increased benefits nor to make payments of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a QDRO. 8. This Order is intended to be a QDRO as defined by the Internal Revenue Code of 1954, as amended, and its provisions shall be administered and interpreted in conformity with that act. This Court reserves jurisdiction to amend this Order upon application of the parties if it is determined that it is invalid or does not qualify as a QDRO so as to accomplish the intentions of the Court and of Christopher M. Umberger and Yolanda R. Umberger n/k/a Yolanda R. Garlinger as set forth herein. 9. The Plan Administrator, and their attorneys, agents and assigns, shall take such steps as are necessary to effectuate the provisions of this QDRO, and shall set aside for Christopher M. Umberger and Yolanda R. Umberger n/k/a Yolanda R. Garlinger sole and separate property such amounts, but only such amounts as may be necessary to effectuate the provisions of this QDRO. ,~ " ..' .-.1-' , . ' . . '..; - ---;: -- " 'b<tf,; 10. A filed copy of this QORO with original stamp or seal shall be delivered to the Plan Administrator upon execution hereof. CONCURRENCE: Judith A. Calkin, Esqui Attorney for Alternate Payee L~/~ 03 -/9-0 fG>> to: ~. Li,[ds'1 loJKiJ By the Court, iIt""" ,'I v'- ,~,' h ""'~lidl.~~ii:j._.l..Uiillilii"'''''='' ~',~,"'" ~ c _,_ _,,,_. -", '''k' ",,;; ~ --""""""",,",~.-- ..- L ~_ ~~ ~.',~ ..~ ,. " 0 CJ ~~-) C l''-.,; , ?:;': ::": -v er! ]'?.;:> ntfTi ,~,\.J Z:LI ti5:~;. <..; -(.: r-~ C ~ "? C) ~, 7 ,~ L C~ (:5,11\ ,)> c:: -- -7 ~ 4.__. :J 5" =< '" ~, "- '" """~d"',~_,_~~",,,. MAR 1 5 2002) CHRISTOPHER M. UMBERGER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- 2084 CIVIL TERM YOLANDA R. UMBERGER, n/klal YOLANDA R. GARLINGER, Defendant IN DIVORCE QUALIFIED DOMESTIC. RELATIONS ORDER LOWE'S COMPANIES 'EMPLOYEE STOCK ' OWNERSHIP PLAN (ESOP\ AND now this IX i! day of --f111.J t-L , 2002, upon consideration of the Marital Settlement Agreement entered into by the parties, pursuant to Sections 414(p)(1) and (2) of the Internal Revenue Code of 1954, as amended, and upon the request of the parties for the entry of a Qualified Domestic Relations Order, hereinafter QDRO, dealing with certain marital property and rights of the parties herein, it is hereby ordered and directed as follows: I. Findinas of Fact: 1. Plaintiff and Defendant were married on August 30, 1997 and divorced on April 3, 2001. During their marriage, the parties acquired marital property, which marital property included the benefit plan of Lowe's Companies Employee Stock Ownership Plan and Trust (ESOP), hereinafter referred to as "Plan". 2. The term "Participant" means Christopher M. Umberger, Social Security Number 204-48-1556, who is a participant in the Plan whose last known address is P. O. Box 473, New Kingston, PA 17072. 11i{"> l5!I!JI!I, '" ~ ~_ '~>"">"tf~_~~liIlllil~~~~~~~~ r"'" '. .- -, ~-- ,,:~- C'-J -, ~~ , ;t ~~. 3~ -' .:::1 , ~ , C", ~ cn '. Z _L'~i Z cO H~ -~ ~:j (:-''''1 :::1 C) 0 "," .....''''''''''ll"l!il!illkIt~~~~_ ".................'" "..." " ~ ~B': --'_.."".~- ~"~.~~-"""''''~" 3. The "Alternate Payee" is the former spouse of the Participant, Yolanda R. Umberger, n/kla Yolanda R. Garlinger, Social Security Number 205-66- 8308 whose last known address is 237 N. 2nd Street, Wormleysburg, PA 17043. 4. The Administrator of the Plan is Lowe's Companies, Inc., hereinafter referred to as the "Administrator". 5. Plaintiff and Defendant have agreed that 45.26 shares of Lowe's Companies common stock in the Plan shall be awarded to Alternate Payee as ordered herein. II. CONCLUSIONS OF LAW. 1. The divisional property as between Participant and Alternate Payee, including the division of the Plan, is part of an equitable distribution of marital property acquired by them during marriage, and further, is "incident to divorce". 2. This QDRO is appropriately entered by the Court under the Divorce Code of Pennsylvania. 3. The Administrator of the Plan shall recognize the right of Yolanda R. Umberger as Alternate Payee to demand division of the Plan to the extent set forth hereafter. 4. Each party is hereby ordered an interest in and to the Plan, with Alternate Payee's interest to consist of 45.26 shares of Lowe's Companies, Inc. common stock previously credited to the Participant's account. The Participant shall retain the balance of said account free and clear of any further claim by the Alternate Payee. As of the date of this Order, Lowe's Companies' Employees ~..-. -- "~~- -~_." :..,~ ~ ' ~ , ~~~ ~-""",,,, Stock Ownership Plan (ESOP) shall set aside in an Alternate Payee account 45.26 shares for the sole benefit of the Alternate Payee. Nothing contained in this paragraph shall be construed to require any Plan or Plan Administrator: (1) to provide to the Alternate Payee any type or form of benefit or any option not otherwise available to the Participant of the Plan; (2) to provide to the Alternate Payee increased benefits not available to the Participant; (3) to require any distribution to the Alternate Payee before the earliest date that the Participant is eligible to receive a distribution; and (4) to pay any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order determined by the Plan Administrator to be a Qualified Domestic Relations Order (hereinafter called QDRO) before this document is determined by the Plan Administrator to be a QDRO. 5. In the event of the death of Participant, the Alternate Payee would be entitled to receive the entire balance of the Alternate Payee account. 6. The Alternate Payee shall be entitled to receive the benefits specified herein, only in accordance with law, and the terms of a Plan agreement. Alternate Payee agrees to comply with all terms and conditions of the Plan now in effect or as may hereafter be amended, not otherwise in contravention of the right of the Alternate Payee to receive such payments as ordered herein. Alternate Payee shall not be deemed a Participant in the Plan solely by reason of the receipt of this Order by the Plan and its Administrator. 7. No portion of this Order is intended to require the Plan to provide any ,_ "-""""",,, type or form of benefit or any option not otherwise provided under the Plan, nor shall this Order require any distribution to the Alternate Payee before the earliest date that Participant is eligible to receive a distribution. This Order shall not require the Plan to provide increased benefits nor to make payments of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a QDRO. 8. This Order is intended to be a QDRO as defined by the Internal Revenue Code of 1954, as amended, and its provisions shall be administered and interpreted in conformity with that act. This Court reserves jurisdiction to amend this Order upon application of the parties if it is determined that it is invalid or does not qualify as a QDRO so as to accomplish the intentions of the Court and of Christopher M. Umberger and Yolanda R. Umberger n/kla Yolanda R. Garlinger as set forth herein. 9. The Plan Administrator, and their attorneys, agents and assigns, shall take such steps as are necessary to effectuate the provisions of this QDRO, and shall set aside for Christopher M. Umberger and Yolanda R. Umberger n/kla Yolanda R. Garlinger sole and separate properly such amounts, but only such amounts as may be necessary to effectuate the provisions of this QDRO. 10. A filed copy of this QDRO with original stamp or seal shall be delivered to the Plan Administrator upon execution hereof. By th~rt, ~" . CONCURRENCE: ,~ - ~ ~ ~~ ~ ,~ Judith A. Calkin, Esquire / Attorney for Alternate Payee v or .~ L03.~o-iXRXS .J- __,'c,"' -< -,~ ^. '-"'<0, " ..., 11II ')""liIilf lilI1 ~.<1',_"'< ,~ ..::'~~~'-'<o tf.~' 1T<" ,'-~-'~ ~,'~ ,- ;"~<' , -';"~'" ':..-;".< o c: 5~ VrjO n'JJT-: 2;:;"j i~ Pc ~ -<:; ,;" '. . c:) l..--') f'.) _q ~ :J:;:!~ :::'0 c ~:: ::0 (J] .