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HomeMy WebLinkAbout95-05262 Ij )4 if! JII(tlL.1JLI/..d!i^-... i /i,pLt-t''-c .f;;r-C, (-c 'IIIL. f/'~J~jJ..._J" I "/I\J1I.' .lj t l A ttJQ~6-.~ 4 ) " 11 .... " . ~ ~. f .} , . . , . . . . .' LAW OFACE . EDW\RD J. \VEINTRAUB 2650 NORlllllltl 0 SlREET HARRISBURG. PENNSYlVANIA 17110 (117) 238-2200 FAX (7171 238-9280 .' . J' . ......... . I .. '. 9~-"5a(pa.- . " . .. MARITAL SETTLEMENT AGREEMENT . THIS AGREEMENT, made this ", day of l' :', , , 1997, by and between Daniel J. Georgiana, hereinafter referred to as "Husband", and Michele Georgiana, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on November 25, 1978; and WHEREAS, certain differences arose between the parties as a result of which they separated on February 4, 1995, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Edward J. Weintraub, Esquire, and Wife by her attorney, Constance P. Brunt, Esquire, have come to the following agreement, NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1 , SEPARA TION: It shall be lawful for each party at all times hereafter to live separate and apart from the other as such place or places as he or she may from time to time choose or deem fit. L' ~.....', Ilnitials) pi .'.~. IInitials) 4 4 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement, Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried, 3, WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since February 4, 1995, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below. Husband represents and warrants to Wife that since February 4, 1995, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and represent to each other that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement. ,-.", , ,/,,<.- (Initials) , Irl (~ (Initials) .. . In the event that either party contracted or incurred any debts since February 4, 1995, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts, 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement, Each party also waives his or her right to request marital counseling pursuant to 23 Pa,C,S,A. Section 3302. 7, EQUITABLE DISTRIBUTION: A, The parties agreed to list and sell their former marital residence at 111 North Madder Drive, Mechanicsburg, Cumberland County, Pennsylvania, Wife shall be solely responsible for all mortgage payments, taxes, insurance and other charges associated with the property from February 4, 1995 until the date of sale and shall indemnify, hold harmless and simultaneously with the execution of this Agreement shall reimburse Husband for any costs or liabilities incurred by him in connection with the property, Wife shall retain as equitable ~?:.,.,,(Initials) , j.. (Initials) 4 . distribution the sum of $33,405, being the entire proceeds realized from the sale of the property, Each party shall assume responsibility for reporting one-half of the capital gain realized and for paying any taxes, penalties or interest on that one-half, Each party shall indemnify and save the other harmless from any liability relating to that one-half of the capital gain. 8, Of the $52,095 balance (December, 1996 statement) in the parties Edward Jones Investment Account, Husband shall retain $20,000 and shall transfer or roll over to Wife the sum of $32,095. As additional consideration for Husband's retention of $5,000 of the $20,000, he shall transfer to Wife an additional $7,000 in value from his ESOP, Wife acknowledges receipt of a previous post separation interim equitable distribution payment to her from the Edward Jones Account in the amount of $14,000 for the purchase of her new Dodge automobile, C, Contents of Wife's Residence: As of the date of the execution of this Agreement, Husband shall set over, transfer and assign to Wife all of his right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within Wife's residence. D. Contents of Husband's Residence: As of the date of the execution of this Agreement, Wife shall set over, transfer, and assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings, fixtures. goods, appliances. equipment and personal items within Husband's residence, E. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties. they agree as follows: ~f (Initials) -t ./:_ .:...,_'_( Initials) .. .. House proceeds Jones Account Saab Wife's personal Property Wife's IRA Account Due Wife from ESOP (6462,45 shares) Due Wife from ESOP (204,38 shares) Total Due Wife from ESOP (6668,83 shares) (33,405) (32,095) ( 2,600) (15,000) 139,188) $221,339 7.000 ~ 4, Husband shall retain the balance of his ESOP, G. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. H, Property to Wife: The parties agree that Wife shall own, posses, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement, Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property. and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I, Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to her by the terms of this Agreement, Wife hereby quitclaims. assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. '/)::.; (Initials) (, /' (Initials) . . J, Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. K. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned t him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8, LIFE INSURANCE: During the years and in the amounts indicated, Husband shall maintain decreasing term life insurance irrevocably naming Wife as beneficiary to insure the payment of alimony and child support for the parties minor children in the event of Husband's death, as follows: 1996 - 2003 $300,000 2003 - 2010 $250,000 2010 - 2014 $200,000 Husband will maintain the indicated coverage fully in effect, making timely payments of necessary premiums and shall not borrow against, pledge or otherwise encumber these policies, Upon request by Wife, Husband shall provide evidence that such insurance is in effect. For tax purposes, insurance premiums paid by Husband shall not be deductible by him or includable in Wife's income as alimony payments, Lf~_", (Initials) 7 J~___~(lnitialsl . . ~ (tIt' .~ 9, ALIMONY AND CHILD SUPPORT: Husband shall pay Wife alimony and child support initially totaling ~ 1 Q~- . _f1tb $900 from each biweekly paychecl ,as hereinafter set forth, Husband shall pay Wife allocated as alimony the amount of $430 biweekly, commencing December 1, 1996 and ending sixty months (60) thereafter, For tax purposes, all alimony payments after January 1, 1997 shall be includable to Wife as income and deductible by Husband, Alimony shall terminate in the event of Wife's death, cohabitation or remarriage, Husband shall pay to Wife allocated as support for their minor children Aubrie and Kylie the amount of $470 biweekly. Husband shall maintain health insurance equivalent to his present coverage for both children until each attains the age of twenty-two (22). Uninsured medical, dental or vision expenses for the children will be shared by the parties in ratio of their net incomes from all sources, based upon their exchange of complete income data, including tax returns, by May 1, annually which will include complete income data, including bonuses, copies of tax returns, W, 2 forms and 1099 forms for the preceding year and current pay stubs, bonus and commission records for the current calendar year, Wife shall pay 100% of 811 child care expenses, If, as and when Husband receives any bonus wage compensation, within ten (10) days of receiving a wage bonus he shall provide Wife with 8 statement indicting the gross amount of each bonus and Husband shall tender to Wife two checks: one equal to 23% of his net bonus (assuming reasonable withholding for federal income taxes pro rata to Husband's total gross taxable wages for that tax year and after deduction of all other mandatory tax deductions) as child support and the other equal to 16% of his gross bonus (less all mandatory tax deductions other than . .L..J:.:.~~(Initials) , K IIniu,.I,) . . for federal income ~axes) as alimony. When alimony terminates, Husband shall continue to pay to Wife, as child support, 23% of his net bonus as calculated above, until the oldest child reaches the age of 18 or graduates from high school, whichever later occurs, and 11 Y:z % of the net bonus thereafter until the youngest child reaches the age of 18 or graduates from high school, whichever later occurs, All college expenses for the children, including tuition, room and board, student fees, transportation, medical expenses, books, computer fees, and clothing shall be shared by the parties in ratio of their then net incomes from all sources at that time, Both parents will promptly share with each other all relevant information regarding post high school education and both shall participate fully in the selection of institutions for any post-high school education. By May 1 st annually, the parties will exchange complete income data including tax returns, W-2s, 1099s and and other relevant information also including a current pay stub with year to date earnings for the current year and data on any paid or earned commissions or bonuses, Wife acknowledges and agrees that the provisions of this Agreement providing for the payment of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties, Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa,C.S.A, Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance of request of the Wife . /)'::.' (Initials) l) r\ -; (Initials) . or Husband, or subject to further order of any court upon changod circumstancos of the Wife or Husband of a substantial or continuing nature, or for any roeeon claimod by Wife whatsoever, Upon that condition, Wifo hereby accepts tho provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter hove against Husband for her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband, Husband acknowledges and agrees that tho provisione of this Agreement providing for equitable dislribution of monlal proporly oro fair, adequate and satisfactory to him and are accopted by him In heu of and In full and final settlement and satisfaction of any claims or demands Ihat he may now have or hereafter have against the Wife for support, maintenanco or olimony. Huebond further voluntarily and intelligently waives and relinquishes any nghlto sook from Ihe Wife any payment for support or alimony. 10. HEAL TH INSURANCE: Husband agrees to continue 10 prOVide and pay for Wife's medical and hospitalization coverage until entry of a final decroo In divorce. Thoreafter via COBRA, if available following the entry of 0 final Docree In Divorco, additional health care coverage may be obtained at the solo coet of Wife. Any payments for health insurance will not be considered alimony and ore not Included with the income of the Wife within the meaning and intent of Section 71 of the United Stales Internal ~:i2!f... . _.I Initials) III f!':..~ (Initials) . Revenue code of 1954 and not deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue code of 1954, 11. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them, Both parties agree to accept the provisions set forth in this Agreement in Lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties, 12, INCOME TAX RETURNS: The parties have heretofore filed joint federal and Gtate tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of an such tax is made against either of them, each will indemnify and hold harmless the other from and against an loss or liability for any such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties shall file separately in 1997 and thereafter, Upon request by Husband. Wife shall release annually to Husband the dependency exemptions for both children, so long as husband tenders to Wife a check equal to the amount of additional tax liability Wife incurs as a result of releasing the exemptions to Husband. Wife shall supply husband with a 'I...~' (Initials) II __~___(Initials) draft tax return to enable him to compute the compensation due Wife for her releasing the exemptions to him, 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire. under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non, prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted , . ';~ I"~ Ii . (Initials) (Initials) 1~ . and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement, Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part, Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement, 15. SUBSEQUENT DIVORCE: Husband at his cost by his/her counsel has filed an action for divorce under 3301 (cl and (d) of the Divorce code, Simultaneously with the execution of this Agreement both parties will execute Affidavits of Consent and Waivers of Notice attached hereto to enable counsel for Husband to proceed with a no-fault divorce as soon as possible, providing counsel for Wife with a duplicate decree, The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree. shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election to sue for damages for such breach, or ,~ (Initials) 13 _)'i ~.- (Initials) seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, Reasonable interest at the existing prime rate shall be assessed from the date of breach, A, This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law, The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. 17, ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, execute. acknowledge and deliver to the other party any and all further instruments that may be reasonably reqUired to give full force and effect to the provisions of this Agreement. ~-'-~_(Initials) 14 L':__tlnitials) 18, VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence, The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C,S.A. Section 3501 ~ ~ or any other laws, Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement, i~_(lnitials) 15 ,. I' , (Initials) 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 21. MODIFICA TlON AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement, The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect, 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only, They have no effect whatsoever in determining the rights or obligations of the parties, 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. ,.v' b~ (Initials) III J:' (Initials) 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition. clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, 27, AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns, IN WITNESS WHEREOF, the parties hereto have sit their Hands and Seals the day and year first above written, ,~ /1 ." . f _ (SEALI If; I i'ft; Ii r(/,' t1 'L, Michele Georgiana (SEAL) .... /// .'{. .-:- / / I,,' - .;(~ .,...~ "- Witness Witness 17 >c c, L_ e: <0 . ~ , ,.;; U! (, . C:1. C. Llj ,';"j 0 , 6 .-.. ..1 \.\.~ I . , G'" I U L' , i.~ . , "" ,.. r- \ ....; <:., ,) . DANIEL J, GEORGIANA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No, 95-5262 CIVIL TERM MICHELE GEORGIANA, Defendant 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, Date and manner of service of the complaint: service accepted by counsel for Defendant. Constance p, Brunt. Esquire on October 10, 1995, 3, Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: April 9. 1997; by defendant: April 4, 1997, 4, Related claims pending: None, 5, Date and manner of service of the notice of intention to file praecipe to transmit record. a copy of which is attached. if the decree is to be entered under Section 3301 (d1l11111 of the Divorce Code, Not Applicable, WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301 (c) of the Divorce Code and ?a, R,C,P, 1920,42(a1l1) and to incorporate the terms of the Separation and Property Settlement Agreement in accordance with Section 301 (a1l1) and (4) and 401 (b) of the Divorce Code, --.1 Dated: .~., t.,. ~. 7 / Edwafd J. eintraub. Esquire Counsel for Plaintiff ">- r- L-:~ - .., , ';: .:: Ul' -' (y : reI. -:.j \t. ',." 'f. ~l V (...~ "- - '.J. U'- '- O. "-I~J b-. t:- '- . ..- " t~ r ,j u '" DRAFT 14 - 10/2/95 DANIEL J. GEORGIANA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1.i- ~.i2.~)- a, ~LLC ,,)0(1'- CIVIL ACTION - LAW : vs. MICHELE GEORGIANA, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, pennsylvania 17013. 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 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 DANIEL J. GEORGIANA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. CIVIL ACTION - LAW MICHELE GEORGIANA, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Daniel J. Georgiana, who currently resides at Delbrook Manor Apartments, 411 Brian Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Michele Georgiana, who currently resides at 111 N. Madder Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on November 25, 1978 in Altoona, Pennsylvania 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 33011cl OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 33011dl OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the Parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 330l(d) of the Divorce Code. COUNT I II . REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3323. 3501. 3502 and 3503 OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto, 15. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(A)(2) AND 3323(B) OF THE DIVORCE CODE 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. The parties are the parents of the following unemancipated children who resides primarily with Defendant Mother. ~ AGE 10 SEX DATE OF BIRTH Aubrie Lynne Georgiana Kylie Andrea Georgianna 3 F OS/23/84 08/31/91 F 18. During the past five years, the children have resided with the parties and at the addresses herein indicated. lRQM TO WITH WHOM ADDRESSES Apr il 1991 June 1994 Mother & Father 6 Thomas Drive Roquoson, VA June 1994 Feb. 1995 Mother & Father 111 N. Mader Drive Mechanicsburg,PA Feb. 1995 Present Mother 111 N. Mader Drive Mechanicsburg,PA 19. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 20. There are no other proceedings pending involving custody of the children in this or any other state. 21. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 22. The best interests of the children will be served if the shared legal and partial physical custody of Plaintiff is confirmed. WHEREFORE, Plaintiff respectfully requests that, pursuant to 55 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the children in Plaintiff. COUNT V. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 23. The prior paragraphs of this Complaint are incorporated herein by reference thereto, 24. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 25. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 26. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. BY: EDWARD J. RE 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID U 7441 .' ATTORNEY FOR PLAINTIFF Date: l.-. ., \ v.., v, ~ \ . ~ " ,.; \ ~, ......... ... --\ " ~ ..J ...., ........ ZJ ...' , ......... \ '>I. ~ 'V\ \ '" '-' "\, , " ... \ "\1 r--.. 'vJ ~ ~ ~) ~ 11'> en - :c ..... 'J ~, ) ,'.J ..... , , c:~ 1~ ~ ";-(, - .~ '0 U"> ~ = e:.- N .-4 M <:::l - w c::> .' ',;, <:'.- ;~ . . I , . ., . DANIEL J. GEORGIANA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA v. CIVIL ACTION - LAW MICHELE GEORGIANA, Defendant NO. 95-5262 Civil Te~ IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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: -f/.9,97 , Plaintiff .' --" >- 01 u: Ir. - ~ C'~ :..,~ (" W.' c_/ 0- , - FE;, e:... , :~j 0, ~:~ 0: - WU '-'" - I" CO ':d u:;' ,,, ,"'- .' ,- "" - 0- r- i 0 0'\ ..J . .. . I . I , DANIEL J. GEORGIANA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHELE GEORGIANA, Defendant NO. 95-5262 Civil Te~ IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER S33D1(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: /y" 7 7- 7 i /j '. ' ./' (, / '/t' /L,a~<<Y ,/", ~ 'DANIEL J, CEORGI ,Plaintiff . . . .. . "' . DANIBL J. GBORGIANA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : MICHELE GEORGIANA, Defendant NO. 95-5262 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3, 1995, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 54904 relating to unsworn falsification to authorities. DATE: <{!vI; 7 , /' ~ ldulL I MICHELE GEORGI t..tl7'tt,..../ A, Defendant ~ 0' ..- Lr. I- F. r', ; w-:~_. .. fE;' ~~ .- , 'J 9r -' L'! ,. , 0-- lU'- ~;. -',. e ';Cj (1:., (~, IU- -'- ,,, -.:: - u' r- -, 0 0' 0 . - . . . . ,. . . . . DANIEL J. GEORGIANA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHELE GEORGIANA, Defendant NO. 95-5262 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S33011c) 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: If / If /'17 ~J' ' ,:', J /,\..,ct.:U, (~t ",~a,~..-I MICHELE GEORG ANA. Defendant >- o. (;; II: " 1;:: C"; - LU~ qc , FE; L, :_J 2;< -. ') r. U1L. .- _J,. C< .j u: ~. ,,::~ ..I ~l. 1- ..;: Lt. r- :. () en '.) DANIEL J. GEORGIANA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 95-5262 CIVIL TERM MICHELE GEORGIANA, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1 , The parties hereby agree to share legal custody of their minor children, Aubrie Georgiana, born May 23, 1984, and Kylie Georgiana, born August 31, 1991. The parties shall have an equal right of participation in decision making for all major issues related to health, education, welfare and the up-bringing of their children, 2, Each party agrees to keep the other informed of the progress of the children's education and social adjustments, Each party agrees not to impair the other party's right to shared legal or physical custody of the children, Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children, 3, While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent, It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered, 5, Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. e, The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as messengers, Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent, 7, With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance, However, that parent shall inform the other of the emergency and consult with him/her as soon as possible, Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time, 8, Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent, Such documents include. but are not limited to, medical reports, academic and school report cards, birth certificates. etc, Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or . appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10, The parties hereby acknowledge that they have discussed and jointly made the following decisions: . Good Hope Family a. The partIes agree that PhYiiciat:l'i' will continue to be the children's pediatrician and accordingly, will provide medical treatment to the children when necessary, b. The parties acknowledge that the children's legal names are Aubrie Georgiana and Kylie Georgiana, and that they shall be known by these names for all purposes, The parties agree that they will instruct their respective families and friends that the children should not be referred to by any other names, II. PHYSICAL CUSTODY The parents shall share physical custody of the children. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1. Alternating weekends with Father from Friday at 6:00 p.m, through Sunday at 5:00 p,m, 2. Mid-week overnight visitation with Father every week from Tuesday at 6:00 p,m. through Wednesday at 5:00 a,m. and from Thursday at 5:00 p.m. through Friday at 8:00 a.m. 3. New Year's Day will be alternated by the parties, beginning with Mother in 1996. with holiday visitation to commence at 4:00 p,m. on the evening preceding the holiday, continuing until the holiday at 8:00 p.m. 4. The Easter and Thanksgiving holidays shall be alternated between the parties. beginning with Mother having Easter in 1997. The Easter Holiday visitation shall commence at 4:00 p.m. on Friday through 8:00 p.m. on Easter Sunday. The '., Thanksgiving Holiday visitation shall commence at 4:00 p,m, on Wednesday through 8:00 p,m, on Sunday, 5, Christmas Eve, December 24th at 4:00 p.m, until Christmas Day, December 25th at 12:00 noon with Father in even years and with Mother in odd years, 6, Christmas Day, December 25th at 12:00 noon until December 26th at 8:00 a,m. with Mother in even years and with Father in odd years, 7, Father's Day with Father from 8:00 a.m, to 6:00 p,m, every year. 8, Mother's Day with Mother from 8:00 a,m. to 6:00 p,m, every year, 9. Each parent shall have fourteen (14) days of vacation with the children to be exercised with both children at the same time between Memorial Day and Labor Day each year. The said days shall be exercised in blocks of a minimum of three (3) days each. Notwithstanding the foregoing, neither parent shall exercise more than two consecutive weekends, In the event that a party's vacation schedule would result in that party's having more than two consecutive weekends, the other party shall have custody on the third consecutive weekends, regardless of whether it is their regularly scheduled weekend, 10, Each parent shall have physical custody of the children for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the children and both parents. The children shall be permitted free access to place calls to their parents at any time they desire. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon .,. .' Wife's and Husband's current residences in Cumberland County, Pennsylvania, If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, if reasonably possible, in order to give the parties the opportunity to confer. prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances, In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order, This Stipulation shall be entered as an Order of the Court, j' ..--'1 '-/I/'U{4. {i V (' ~d- rt..- Michele Georgi ,,':"\'7~<1--- ~- --------\ c~4A+-) Edward J, Weintraub, Esquire Attorney for Plaintiff /7 ;/:->/ // .'/. . .~. , . '-I- ,-{"-O'...M..-t....A......./ ,"" Constance p, Brunt, Esquire Attorney for Defendant BY THE COURT: DATE J, ! 'I . -'-, ,~ , - , -. ~,' ,,~ '- '" ;1, t,'" :. .,0. i. 5./ 17 r:.j./. ~ I"~..d/ '" a;4 k~,-~dt<.z.J "r' ,4 &u~-( ~ 0\ \.1,. \f".. \.~ 5.. b ') " 2, The term "Participant" means DANIEL J. GEORGIANA, Social Security Number 195-48-1260, who is a participant in the Plan, whose last known address is 88 Deerfield Drive, Camp Hill, PA 17011, 3, The "Alternate Payee" is the former spouse of the participant, p, MICHELE GEORGIANA, Social Security Number 175-52- 5361, whose last known address is 19 Lilac Drive, Mechanicsburg, PA 17055, 4, The Administrator of the Plan is Lowe's Companies, Inc., hereinafter referred to as the "Administrator". 5, Plaintiff and Defendant have agreed that 6668,83 shares of Lowe's Companies common stock in the Plan shall be awarded to Defendant, p, MICHELE GEORGIANA, as ordered herein, Based upon the foregoing Findings of Fact, the Court makes the following: CONCLUSIONS OF LAW 1. The division of marital property as between Plaintiff, DANIEL J. GEORGIANA, and Defendant, P. MICHELE GEORGIANA, including the division of the Plan, is part of an equi table 2 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 Pennsylvania Divorce Code, 23 Pa,C,S. ~3101 et seq. NOW THEREFORE, based on the foregoing Findings of Fact, and Conclusions of Law, it is hereby ORDERED AND DECREED that: 1, The Administrator of the Plan shall recognize the right of P. MICHELE GEORGIANA as Alternate Payee to demand a division of the Plan to the extent set forth hereafter. 2, Each party is hereby awarded an interest in and to the Plan, with the Alternate Payee's interest to consist of 6668,83 shares of Lowe's Companies, Inc., common stock previously credited to the Participant's account, The Participant shall retain the balance in said account free and clear of any further claim by the Alternate Payee, As of the date of this order, Lowe's Companies Employee Stock Ownership Plan (ESOP) shall set aside in an alternate payee account 6668.83 shares for the sole benefit of the Alternate Payee, Any dividend distributions made after January 1, 1997, which are attributable to the said shares shall be paid to Alternate Payee in accordance with the terms of the Plan. Nothing contained in this paragraph shall be construed 3 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 under 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; or 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, 3, In the event of the death of p, MICHELE GEORGIANA, Alternate Payee, the shares affected by this QDRO shall be distributed as she shall direct in the appropriate beneficiary designation form or, in the absence of such designation, to the Alternate Payee's Estate, 4, In the event of the death of Participant, the Alternate Payee shall be entitled to receive the entire balance of the Alternate Payee account, but no portion of the portion of the account awarded to Participant, who may designate beneficiaries for that portion as he sees fit. 4 5, The Alternate Payee shall be entitled to receive the benefits specified herein, only in accordance with law, and the terms of the 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. 6, 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. 7. 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 Plaintiff, DANIEL J. GEORGIANA, or Defendant, p, " :.> MICHELE GEORGIANA, 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 the parties as set forth herein. 8. The ~lan 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 Defendant, p, MICHELE GEORGIANA, as her sole and separate property, such amounts, but only such amounts, as may be necessary to effectuate the provisions of this QDRO, 9. A filed copy of this QDRO with original stamp or seal shall be delivered to the Plan Administrator upon execution hereof, J, 6 c .. ., . \i ~.. r -" ~.! ! ',,\ .. I. .. , . DANIEL J, GEuRGIANA, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff : v, NO, 95-5262 CIVIL TERM P. MICHELE GEORGIANA, IN DIVORCE . Defendant MOTION FOR ENTRY OF STIPULATED OUALIFIED DOMESTIC RELATIONS ORDER AND NOW, come the parties, by and through their counsel of record, and move this Honorable Court as follows: 1, The parties to this action were divorced by Decree of this Honorable Court dated April 23, 1997. 2, On April 1, 1997, the parties executed a Marital Settlement Agreement, pursuant to which they resolved all of their various economic claims against one another arising from their marriage, including, without limitation, the equitable distribution of marital property, 3. In the aforesaid Agreement, the parties agreed to the equitable distribution of Plaintiff's Employee Stock Ownership Plan (ESOP) through the Lowe's Companies Employee Stock Ownership Plan, which resulted from his employment with Lowe's Companies. and agreed to cooperate in the entry of a Qualified Domestic Relations Order directing the distribution of the ESOP, 4. Attached hereto is a proposed Qualified Domestic Relations Order applicable to the Lowe's Companies ESOP, which is consented to 'by both parties, 5. The said proposed Qualified Domestic Relations Order has also been submitted to the Plan Administrator for the Lowe's Companies ESOP for preliminary approval of its language. WHEREFORE, the parties respectfully move this Honorable Court to enter an Order in the proposed form attached hereto Plaintiff's ESOP as set forth therein, A,1/4 NTRAUB, ESQUIRE CONSTANCE p, BRUNT, ESQUIRE Plaintiff Attorney for Defendant .... -, ,'. . ,~. "" '..!,~.>'" :. c'l > -,-.' J"':. 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