HomeMy WebLinkAbout97-00694
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
JOliN C. WILLIAMSON,
Plaintiff
i\: t l. ,. 97-:694pCIy'~I,.p,~~~
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SALLY E. WILLIAMSON,
Defendant
DECREE IN
DIVORCE
AND NOW, '.." ,'J ~)?.;_L..".."".." 19 ,~~,.., it is ordered and
decreed that ,,""",',' y9"\~, ~'" ,~~~~])~~~.Q~ , , , , , , , , , . , " , " plaintiff,
and, , , , , , , , , , , , , , , , , , , , , ,SALL.Y. ,E., ,WILLI.l\MSON , , , , , , " , , , " 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 0 final order has not yet
been entered;
N,~~~:, , ,The,l-Iar~t,a~, S~,ttlernent, J\gr~crn~J?t, <iat~~, ,^{>r.i,~ ,~~.., ,~~~,8", ,a
copy of which has been filed is incorporated, but not merged
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into this
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JOHN C. WILLIAMSON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 'no (, 1</ c.;...;.t' -rJ~~
CIVIL ACTION - LAW
SALLY E. WILLIAMSON,
Defendant
IN DIVORCE
NOT ICE
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 for 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 divorce is indignities or irretrievable
breakdown of the marriage, you may request that the court require
you and your spouse to attend marriage counseling prior to a
divorce decree being handed down by the court. A list of
marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, Carlisle. You
are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from the list. All
necessary arrangements and the cost of counseling sessions are to
be borne by you and your spouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S 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.
LAW OfFlCt:S
Court Administrator
One Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6285
SNELBAKER.
BRENNEMAN
a SPARC
SNELBAKER, BRENNEMAN & SPARE, P. C.
By: ~_fk/4-lte(~,
Attorneys for Plaintiff
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4, above. ,0
6. Neither party is a member of the armed forces of the
United states of America.
7. The Plaintiff avers as the grounds upon which this
action is based is that the marriage between the parties hereto
is irretrievably broken.
8. 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.
9. The parties have lived apart and separate from each
other since November 10, 1995.
10. The Plaintiff requests this Court to enter a decree of
divorce.
COUNT II - EOUITABLE DIVISION OF PROPERTY
11. The Plaintiff and Defendant have legally and
beneficially acquired property both real and personal during
their marriage from July 20, 1968.
12. The Plaintiff requests this Court to equitably divide
all marital property pursuant to section 3502 of the Pennsylvania
Divorce Code.
LAW OFFICl:5
SNELBAKER.
BRENNEMAN
8: SPARE
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IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN CRAIG WILLIAMSON,
Plaintiff
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CIVIL ACTION. LAW
IN DIVORCE
v,
NO, 97-694 CIVIL TERM
SALLY ELIZABETH WILLIAMSON,
Defendant
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(C\ OF THE DIVORCE CODE
I, 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 penal lies of 18 Pa,C,S, ~4904 relating 10
unsworn falsification to authorities,
Date; ~~/~/9E
JOHN C. WILLIAMSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-694 CIVIL TERM
CIVIL ACTION - LAW
v.
SALLY E. WILLIAMSON,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
55.
COUNTY
OF
CUMBERLAND)
Keith o. Brenneman, Esquire, being duly sworn according to
law deposes and says: that he is a principal in the law firm of
Snelbaker, Brenneman & Spare, P. C" being the attorneys for
John C. Williamson, the Plaintiff in the above captioned action
in divorce; that on February 13, 1997, he did send to Defendant
Sally E. Williamson by certified mail, return receipt requested,
restricted delivery and by regular first class mail, a duly
certified copy of the Complaint in Divorce which was filed in
the above captioned action as evidenced by the attached cover
letter of the same date and Receipt for certified Mail No. P 231
861 953; that both the Complaint and cover letter were duly
received by Sally E. williamson, the Defendant herein, as
evidenced by the return receipt card for said certified mail
LAW OFFlCt5
SNELOI\KER.
BRENNEMAN
8: SPARE
dated February 14, 1997; that a copy of the aforementioned cover
letter dated February 13, 1997 is attached hereto and
incorporated by reference herein as "Exhibit A" and that the
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SNELBAKER, BRENNEMAN a SPARE
^ PIltOfWIONAL COIlroRAnoN
ATIORNEYS AT LAW
44 WEST MAtH snurr
MECHANIC58URG, PENNSYlVAN,^ 17055
RICHARD C, SNELBAKEIl
KEIrn 0 BRENNEMAN
PHILIP H SPARE
711'607.8528
p, 0, BOX JI8
fACSIMILE l1IlI 0;1,1881
February 13, 1997
sally E. Williamson
8 Pheasant Court
Mechanicsburg, PA 17055
Re: Williamson v. Williamson
No. 97-694 Civil Term, Cumberland County
Dear Ms. Williamson:
Enclosed please find a certified copy of a Divorce Complaint
which was filed February 11, 1997 in the Court of Common Pleas of
Cumberland County, Pennsylvania.
Yours truly,
Keith o. Brenneman
KOB/sz
Enclosure
By certified mail, restricted delivery, return
receipt requested, Parcel No. P 231 861 953
Also by first class mail, postage prepaid (w/enclosure)
cc: J. Craig Williamson (w/enclosure)
Cindy S. Conley, Esquire (w/enclosure)
EXHIBIT A
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th~ rec~ipl and suflici~ncy Ilfwhich IS h~rehy acknowlcdg~d hy each oflhe panies hereto,
Hushand and Wife, each intending 10 he legally hound herehy, covenant and agree as follows:
I. AI)\'ICE OF COUNSEL. The provisions of this Agreement and Iheir
legal effect have been fully explained to Ihe panies by their respective counsel, Keith O.
Brenneman, Esquire, for Husband. and Cindy S. Conley, Esquire, for Wife, Each pany
acknowledges Ihat he or she has received independent legal advice from counsel of his or her
seleclion, and Ihat each lillly understands Ihe facls and has been fully informed as to his or her
legal rights and ohligalions. and each pany .lcknowledges and accepts thatlhis Agreement is, in
the circumstances, fair and ~quitable, and that it is being entered inlo freely and voluntarily, after
having received such adl'lce and wilh such knowledge, .md that the execution of this Agreement
is 11ll1th~ result of any duress Ilr undue influence. and that it is nolthe result of any improper or
Illegal agreem~l1lor agre~m~nts. In.lddilion, each pany herelo acknowledges that he or she has
been fully advised by his or her respectil'C allomey oflhe impact of the Pennsylvania Divorce
Clllk. whereby Ihe courl h.IS Ih~ right and dUly to detennine all marital rights of the panics
mcludmg divorce. alimony. .lIimnny Ill:l1llente lite, equitable dislribution of all marital property
or properly owned or poss~,scd nlllil'ldually by the other. counsel fees and costs of liligation and.
fully knowing lhe same and hcmg lillly adviscd of his or her rights thereunder, each party hereto
sltll desires 10 execute this ,-\gre~mel1l. acknowledging that the lemlS and conditions set forth
herem are lair. jusI and equllahle to ~ach nf Ihe panics. and waives his and her respective right to
hal " Ihe Court of COlllnwlI Pleas I,f( 'lImberland ('nunty. or any olher court of competent
jUrlSdlclton. makc any d,'llTllllll;lIlon nr nrdcr alTecltng the respective panics' rights to alimony,
all/uony l1endellle lite. SlIpptllt .llId lIlailll~nance. equltahle distribution. counsel fees and costs of
1111 :~ .111 IlII
2. J)ISCI.OSlJIU: OF ASSETS. Each of the partics hereto acknowledges
that he or she is aware of his or her right to seek discovery, including but not limited to, wrillen
intcrrogatories, motions lor production of documents. the taking of oral depositions, the filing of
invenlorics, and all othcr means of discovery pemlilled under the Pennsylvania Divorce Codc or
thc Pennsylvania Rulcs of Civil Procedure. Each of the parties furthcr acknowlcdges that hc or
she has discusscd with counsel the concepl of marital property under Pennsylvania law and cach
is .l\\'are of his or her righllo have lhe real and/or personal property, estate and assets, eamings
and income of the other assessed or evaluated by lhe eouns of this commonwealth or any other
cOlin of competent jurisdiction, The parties do hereby .lcknowledge thatthcre has bccn full and
fair disclosure to thc othcr of his or her rcspectivc income, assets and liabilitics, whethcr such arc
held jointly or in thc name of one pany alone. Each party agrees that any right to furthcr
disclosure, valllation. enumeration or slatelllel1l hereof in this Agreement is hcreby specifically
w.lIved. and the parties do nOI wish 10 make or .Ippend hereto any funher enumeration or
stalelllenl. The parties hercby acknowledge and agree that the division of .Issets as set forth in
lhis Agrcemel1l is lair. reasonable and eqllitable. and is satisfactory to them, Each ofthc partics
herelO further covenants .lIld agrees I(Jr himself and herself and his or her heirs, executors,
admlllistralors or assigns. lhat he or she wi II never at any timc hcreaftcr suc thc olhcr party or his
or her heirs. execlltors. admlllistrators or assigns in any action of contcntion. direct or indirect.
and allege therein that there was a denial of any righls to full disclosurc. or thattherc was any
Iralld. dllress. undlle influence or thallhere was a I;lilure to have available lilll. proper and
illlkpelldelll represel1lalioll by legal coullsel.
3. PERSONAL RIGHTS. Ifusnand and Wife may. at all times hercafter,
livc scparate and apan, Each shall be free from all conlrol, rcstraint, intcrfercnce and authority,
dircct or indirect, by the olher. Each may rcside at such placc or placcs as hc or she may sclcct.
Each may, for his or hcr separate usc or bencfit, conduct, canry on or cngagc in any business,
occupation, profcssion or cmployment which to him or hcr may scem advisablc. Husband and
Wife shall not molest, harass, dislurb or malign cach olher or thc respcctive familics of cach
other, nor compel or allcmptlO compelthc other 10 cohabit or dwcll by any mcans or in any
manncr whatsoevcr with him or hcr. Ncithcr pany will interfcre with thc usc, owncrship,
enjoymenl or disposition of any propeny now owncd by or hcreaftcr acquired by (hc othcr.
4. J\1UTU,\I. CONSENT I)IVORCE. The panics acknowledgc that on
February 11, 1997, Husband inilimed a divorce aClion lInder the no. fault provisions ofthc
Divorce Code in the Cumberland Counl)' Coun or Common Picas docketed at No, 97.694, It is
Ihe inlention of the panies. and lhe parties agree. lhat by this Agrecment thc)' have resolved all
ancillary economic isslles related to lhelr divorce and IhllS this or any other divorce action with
respect to lhese panics shall he limlled 10 a e1aim l<lr divorce only, Thc parties agrec that
simullaneously with Ihe execulton of this Agreemenl. each \\'111 sign an Affidavit of Consent to
lhvorce and Waiver of NOlicc of Intelllion 10 Reqllest Elllry of Divorce Decree and deliver same
to counsel lor Husband. who shall promplly submit said affidavits and waivers to lhe coun along
\\ IIh a Praecipe 10 Tr.msmit Record. Vital Stallsllcs Foml and any and all other documellls
n~cessary to precipilale the prompt elllr)' or a divorce decree.
.,
S. EOUlTAHLE D1STRIHlJTION.
(a)
Marital Residence. Thc partics acknowlcdgc that subsequcntto
their scparation thcy sold thcir marital rcsidcncc and divided the procccds of salc to thcir mutual
satisfaction.
(b) Furnishlnl!s and Personaltv, Thc partics agrce that thcy havc
dividcd by agrccmcnt bctwccn thcmsclvcs all ofthcir furnishings and pcrsonally, including all
furniture, furnishings, antiqucs, jcwclry, rugs, carpcls, houschold applianccs and cquipment.
Any pcrsonalty or furnishings rcmaining in Wife's currcnt rcsidcncc as of the exccution datc of
this Agrcement shall bc and rcmain Wifc's solc and scparatc propcrty, frcc of any and all right,
titlc, claim or intcrcst of Husband. Any pcrsonalty or furnishings now locatcd in Husband's
current residcncc as ofthc cxecution date of this Agrcemcnt shall be and rcmain Husband's solc
and scparate propeny, frec of any and all right, titlc, claim or intercst of Wifc.
(e) Motor Vehicles.
(1) Husband agrees that Wi re shall rctain posscssion of and
rcccive as hcr solc and scparatc propcrty the 1994 Pontiac Grand Am automobilc currcntly titlcd
in joint names, along with all rights undcr any insurancc policics thcrcon and with all
rcsponsibilily for paymenl of any outstanding indcbtcdncss pcrtaining thcrcto and insurancc
thcrcon, frec of any and all right, title. claim or interest of Husband, Husband shall, at Wifc's
request execllle all documcnts. including thc title. 10 transfer his intercst in said vehiclc to Wifc.
(2) Wifc agrees that Husband shall rctain posscssion of and
receive as his sole ami separate property any vchicles currently titled in his namc, along with all
rights under any insur.lI1ce policies thereon and with responsibility for payment of any
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outslanding indebtedness penaining lhereto and insurance thcreon, frce of any and all right, title,
claim or intcrest of Wife,
(d) Lifc Insllranee. Wifc and Husband each hcrcby spccifically
releascs and waivcs any and all right, title, claim or intcrcstthat hc or shc may havc in and to any
and all policies of insurancc insuring thc life of or owncd by the other including cash surrcndcr
valuc, ifany, and also specifically to includc a waivcr of any bcncficiary designation thercundcr.
(e) Pension and Retircmcnt Bcnefits. Exccpt as providcd below,
Wifc and Husband each hercby spccifically rclcascs and waivcs any and all right, title, claim or
intcrcst that hc or shc may have in and to any and all rctiremcnt bcncfits (including but not
limited to pcnsion or prolil sharing bcncfits, defcrrcd compcnsation plans, 401 (k) plans,
employcc savings and thrift plans, stock options, individual rctircmcnt accounts or other similar
benclits) of the other pany, specifically to includc a waivcr of any spousal annuity bcncfits
and/or beneliciary designallons thcreundcr. The partics agrec thatthcy shall cxccutc any
documents pursuant to the Rellrement Equity Act or any similar aClthat may bc rcquircd from
time to timc to accomplish the purposes of this subparagraph, Notwithstanding thc abovc the
pal1ies agrec that Husb.ll1d's Kodak Vested Right Bcncfit Rctircmcnt Plan and his Eastman
Kodak Employee Savings and Invcstment Plan shall be distributcd bctwccn thc parties as
lollolVs:
( I ) Eastman Kodak Emplovcc Savinl!s and Invcstment Plan
The parties acknowledgc that as of Dcccmbcr 31, 1995, the balance
of Ilusband's Eastman K"dak Employee Savings and Investmcnt Plan was Eightccn Thousand
Three 1I11ndred Twellly,SI\ Dollars and Seventy Cents ($18,326.70) with total outstanding loans
against said accolllll "I' \1/1" rhollsand T\\'o Hundred Eighty Dollars and Eightcen Cents
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(59,280,18), Accordingly, the parties agree that the nct equity valuc of this plan as ofDcccmbcr
31, 1995 is Ninc Thousand Forty-Six Dollars and Fifty-Two Ccnts (59,046.52). Thc partics
agrce that Husband shalltransfcr to Wife fifty-live pcrccnt (55%) oflhc Nine Thousand Fony-
Six Dollars and Fifty-Two Cents (59,046.52) plus any growth that has occurrcd on that amount
sincc Decembcr 31, 1995 through the datc oftransfcr to Wifc, pursuant to a Qualified Domestic
Rclations Ordcr to bc preparcd by counscl for Wifc, Husband shall cooperatc in insuring thaI
said Qualified Domcstic Rclations Ordcr is approvcd by thc plan administrator.
(2) Hushllnd's ElIstman Kodak Vested Ril!ht Benefit
Thc panics also acknowlcdgc that Husband is cntitlcd to a vcsted
right rctircmcnt bencfitthrough his Eastman Kodak Vcstcd Right Bcncfit. Husband agrccs that
he shall, as soon as he is able to, chosc the option "B" paymcnt option which will dircct a onc
time cash payment of the rCliremcnt henefit. The parties acknowlcdgc that as ofNovcmbcr 30,
1995. lhe estimated one-limc payment was Ninely-Six Thousand. Four Hundrcd Eighty-Ninc
Dollars (596,481),00). The parties agree that Husband shalltransfcr to Wifc pursuant to a
Qualificd Domestic Relations Order fifty-five perccnt (55%) ofthc onc-timc paymcnt ofNincty-
Six Thousand. Four Hundred Eighty-Ninc Dollars ($96,489.00) plus the growth that has accrucd
onlhat ponion ofthc plan since November 30, 1995 through thc dale oftransfcr to Wifc pursuant
10 a Qllalilied Domcstic Relations Order to be prcpared by counsel for Wifc. Husband shall
cooperale in insllring thaI said Qllalilicd Domcstic Relations Ordcr is approvcd by the plan
administralor,
Unlll such time as Wife's intcrcsts in both plans arc transfcrrcd to
her purslIantto Qualificd Domesllc Relations Ordcrs. Husband will maintain Wife as the primary
heneliclary of said plans to the extenlllf her interest p"rsuantto this agreemcnt.
7
(I) Cash Accounls, Slocks and In\'estments.
(I) Wife agrees that Husband shall retain as his sole and
separatc propeny, tree Irom any and all righI, lille, claim or interest ofWifc, any and all stocks,
bonds, invcstmcnts, sums of cash in savings or checking accounts, mutual funds, stock accounts,
or any other asscts of a similar nature which now arc titlcd in Husband's namc alonc.
(2) Husband agrees that Wifc shall rctain as hcr sole and
scparate propeny, frce from any and all right, litle, claim or intcrest of Husband, any and all
stocks, bonds, invcstmel1ls, sums of cash in s.\I'ings or checking accounts, mutual funds, stock
accounts, or any other assets of a similar nature which noli' arc titlcd in Wife's name alonc.
(1:) l\1iseellaneous Pronert\', As ofthc cxccution date of this
Agreement, any and all property not speci Iically address cd hcrein shall be oll'ned by thc party to
whom the property is titled; and ifuntitled. the pany in posscssion. This Agreemcnt shall
constitute a sufficicnt bill of sale to evidence the transfcr of any and all rights in such propcrty
rrol11 each to lhe other.
(h) Prolll'rh' to Wife. The panics agrec that Wifc shall own, posscss.
and cnjoy, Iree Irom any claim or HlIsband, lhe propeny awarded to her by the tcrms of this
Agreement. Husband hereby qllitclaims. assigns and conveys to Wife all such propcrty, and
w;ul"es and relinquishes any and all rights lhereto, logether with any insurancc policics covcring
Ihal property. and any escrow aCCOllnts relaling 10 that propcny. This Agrecmcnt shall constitute
.l slInil'lent hill of sale to el'ldence the transfer of any and all rights in such propcny from
lIushand to Wife,
(i) Proucrl\' 10 lIusband. The partics agree lhat Husband shall own.
posscss. and enjoy, Iree lrol11 any chul11 or \\'11-':. Ihe propeny awarded to him by thc terms of this
Agreemcnt. Wife hercby quitclaims, assigns and convcys to Husband all such propcrty, and
waivcs and rclinquishcs any and all rights thcrcto, togcthcr with any insurancc policies covering
that propcrty, and any cscrow accounts rclating to that propcrty, This Agrccmcnt shall constitute
a sufficicnt bill of salc to evidcncc the transfcr of any and all rights in such property from Wife to
Husband.
(j) Assumption of Encumbranees.
(I) Commcncing on thc cxccution datc of this Agrcemcnt,
Husband shall bc solely rcsponsiblc for any and allliabilitics in his namc alone, spccifically to
includc any obligations to issucrs of crcdit cards in his namc alonc.
(2) Commcncing on the cxecution datc of this agrecmcnt, Wife
shall bc solely rcsponsiblc for any and allliabilitics in hcr namc alonc, spccifically to include any
obligations to issucrs of credit cards in hcr namc alonc.
(3) Unless othcrwisc provided hcrcin, cach party hcrcby assumcs
thc dcbts, encumbrances. taxcs and licns on allthc propcrty cach will hold subsequcntto the
cffective datc of this Agrecmcnt. Each party agrccs to indcmnify and hold harmless the other
pany and his or hcr propcny from any claim or liability thatthc othcr party will suffer or may be
rcquircd to pay bccausc ofthc dcbts, cncumbranccs or licns assumcd by thc othcr pursuant to this
Agreemcnt.
(k) Liabilitv Not Listed. Each pany rcprcscnts and warrants to thc
other that hc or she has not incurrcd any dcbt, obligation or othcr liability, othcr than those
described in this Agreement. on which the othcr party IS or may bc liable. A liability not
disclosed in this Agreement will bc the solc rcsponsibility of the pany who has incurred or may
herealicr incur il. al1ll slIch pany agrees to pay it as the same shall bccome duc, and to indemnify
9
and hold thc othcr party and his or her property hannless from any and all such dcbts, obligations
and Iiabilitics.
(I) Indemnification or Wire. If any claim, action or procccding is
hercaftcr initiatcd sccking to hold Wifc liablc for thc dcbts or obligations assumcd by Husband
undcr this Agrcemcnt, Husband will. at his solc cxpcnsc, defcnd Wifc against any such claim,
action or procceding, whcthcr or not wcll.foundcd, and indcmnify hcr and hcr propcrty against
any damagcs or loss rcsulting thcrefrom, including, but not limited to, costs of court and actual
allomcy's fccs incurrcd by Wifc in conncction thcrcwith.
(m) Indemnification or Hushand. If any claim, action or procceding
is hcrcaftcr initiatcd sccking to hold Husband liable for thc dcbts or obligations assumed by Wife
undcr this Agrccment. Wifc will, at hcr solc cxpcnsc, dcfend Husband against any such claim,
aclion or procceding, whcthcr or not well-foundcd, and indcmnify him and his propcrty against
any damagcs or loss rcsulting thcrefrom, including, but not limitcd to, costs of court and actual
allomcy's fces incurrcd hy Husband in conncction thcrcwith.
(n) Warrant\' as to Future Ohlil!ations. Husband and Wifc cach
represcnts and warrants to the othcr that hc or shc will not at any timc in thc futurc incur or
contract any dcbt, charge or liability for which thc other, the other's Icgal rcprcscntatives,
property or cstate may be responsible. From thc datc of cxecution of this Agreement, each party
shallllse only those crcdil cards and accounts for which lhat party is individually liable and the
panics agrec 10 cooperalc III closing any rcmaining accounts which providc for joint liability.
Each party hercby agrees to indemnify, savc and hold the othcr and his or her property harmless
from any liability, loss. cost or expcnse whatsocver, including allomeys fces, incurrcd in the
cI'enl orbreach hcreof.
10
(,. SPOlJSAI. SUPPORT ANI) ALIMONY. Thc partics acknowledge that
currcntly Husband is paying to Wife as spousal suppon through thc Domcstic Rclations Officc of
lhe Court of Common Pleas of Cumberland Counly, Pennsylvania dockctcd to No. 1207.S-1996,
thc sum ofOnc Thousand One Hundred Ninety-Onc Dollars and Sixty-Scvcn Ccnts ($1,191.67)
pcr month plus forty perccnt (40"1..) of any commissions and/or bonus paymcnts he reccivcs as a
pan of cmploymcnt with his employcr after applicablc taxcs arc withhcld from his camings. The
panics agree that upon entry of a divorce dccree, said spousal support order shallterminatc.
Howcvcr, any and all arrears dllc and owing on thc datc oftcnnination shall continuc to bc paid
by Husband unlil said arrears are paid in full. Effcctivc thc datc a divorcc decrce is cntcrcd,
Ilusband shall pay to Wife through lhe Domcstic Relations Office ofthc Coun of Common Picas
orClImberland County as alimony lhe sllln ofScvcn Hundrcd Fifty Dollars ($750.00) pcr mOnlh
with each payment being due by the 15'" or each and every month. for a period ofthiny-six (36)
months, Said p.lyments shall tcmlinate upon Husband's death, Wifc's dcath, Wifc's cohabilation
or remarriage. In addilion. said paymenls shall he subject to modificatIOn only if Husband
involllnwrily loscs his employment. Said paymcnls shall be deductible from Husband's incomc
.md ll1c1l1dable in Wife's income lor Fcderal income lax purposcs, The panics relcasc and waive
any rights they may have 10 seck modilication of the tcmlS of this paragraph in a coun of law or
eqllity, it heing understood thaI the foregoing conslitutcs a final dctemlination for alltimc of
either party's obligation to contribllte to Ihe support and maintcnance of the other. Moreover,
slll1ultaneously Wilh the exeClItlon orlhis agreement, Husband shall provide to Wife documents
cl'ldencll1g all bonuses and comnllssillns earned by him lor the period Decemh~r 10. 1<)96
lhrough lhe dale of execution or tillS :\greemenl so that thc arrearages owcd onthc spousal
SlIppllrl order allhe dalc or it 's tClllllll<llllln can hc correctly caleulaled.
11
7. COUNSEl. FEES, COSTS ANI> EXPENSES, Each party shall be
solely rcsponsiblc for his or her own Icgal fces, costs and expenses incurrcd in conncction with
their separation and/or the dissolution of their marriage, and lhe prcparation and execution of this
Agreement.
8. WAIVER OF INIlERITANCE RICIlTS. Unless otherwise spccifically
providcd in this Agrcement, as of the exccution date of this Agrecmcnt. Husband and Wifc each
waives all rights of inheritancc in thc cstatc of the othcr, any right to elect to takc againstthc will
or any trust of thc other or in which thc othcr has an illlercst, and each of thc panics waivcs any
additional rights which said party has or may havc by rcason of thcir marriage, exccptthc rights
savcd or crcated by the tell11s of this Agrecmcnt. This waiver shall bc construcd generally and
shall includc, but not be limilcd to, a waiver of all rights providcd under the laws of
Pennsylvania. or any olher jurisdiction, imd shall includc all rights undcr the Pcnnsylvania
Divorce Codc.
9. WAIVER OF BENEFICIARY DESIGNATION. Unlcss othcrwisc
specifically sel fonh in this Agrccment, each party hcrcto spccifically waives any and all
bcneliciary rights and .my and all rights as a surviving spousc in and to any asset. bcncfit or Iikc
program carrying a beneliciary designation which belongs to the other party undcr thc tcrms of
lhis Agreement, including. but not limitcd to, pcnsions and rctircmclll plans of any sort or naturc,
dcferrcd compensation plans, life insurancc policics, annuitics, stock accoulllS, bank accounts,
final pay checks or any olher post-dcalh distriblltion scheme. and each party cxprcssly statcs that
it IS his and her intel1lionto revoke by thc tenllS of this Agrecmcnt any bencficiary designations
nanling the olher which arc in effcct as of the dale of execution of this Agreement. (fand in the
12
evcntthe olher party cOlltinues to bc named as heneliciary and no altcmatc bcncficiary is
otherwisc dcsignatcd, thc bcneliciary shall be deemcd to bc lhe estate of thc dcccased party,
10, RELEASE 011 CLAIMS.
(al Wifc and Husband acknowlcdgc and agrcc thatthc propcrty
dispositions providcd for hcrcin constitute an equitablc distribution of thcir asscts and liabilitics
pursuant to 93502 of the Divorce Code, and Wifc and Husband hcrcby waivc any right to
division of their propcrty exccpt as providcd for in this Agrccment. Furthermorc, cxccpt as
othcrwisc providcd for in this Agrccmcnt, cach ofthc partics hercby spccifically waives,
releascs, renounccs and forevcr abandons any claim, right, titlc or intcrcst whatsocvcr he or shc
may havc in propcny transferred to thc othcr party pursuant to this Agrccmcnt or idcntificd in
lhis Agrccment as bclonging to lhc other party, and each party agrecs nevcr to assert any claim to
said propeny or procecds inthc future. Howcver, neither party is rclcascd or discharged from
any obligation undcr this Agrccment or any instrument or documcnt exccutcd pursuant to this
Agreemcnl. Husband and Wife shall hereaftcr oll'n and enjoy indcpcndently of any claim or
fight oflhe olber, all ilcms ofpcrsonal property, tangiblc or intangiblc, acquired by him or her
from thc execulion date of this Agrccmcnt with full power in him or her to disposc of the samc
lillly and effectively for all purposcs.
(b) Each pany hcreby absolutely and unconditionally rcleases and
forevcr discharges thc other and lhe estate ofthc olhcr for all purposes from any and all rights
and obligmiollS which either pany may have or at any time hcrcaftcr has for past, prcscnt or
fulure support or mainlenance, alimony pcndente lile, alimony, equitablc distribution, counsel
fees, costs, expenses, and any other right or obligation, economic or othcrwisc, whether arising
Ollt of the marital relationship or otherwise. including all rights and benefits undcr thc
13
Pennsylv.lI1ia Divorce Code of 1980, its supplcments and amendmcnts, as wcll as undcr any
othcr law of any other jurisdiction, except and only exccpt all rights and obligations arising undcr
this Agrcement or for the breach of any of its provisions. Ncithcr party shall have any obligation
to thc othcr not expressly set forth hcrein.
(c) Except as sct forth in this Agrccmcnt, each party hcrcby absolutcly
and lInconditionally rclcascs and forcvcr discharges thc othcr and his or hcr heirs, cxccutors,
administrators, assigns, property and estate from any and all rights, claims, demands or
obligations arising Ollt of or by virtuc ofthc marital relationship of the parties whcther now
cxisting or hcreafter arising, Thc above relcase shall be cffcctivc rcgardless ofwhcthcr such
claims arise out of any fomlcr or fulure acts, contracts, cngagemcnts or Iiabilitics of thc othcr or
by way of dower, curtcsy, widow's or widowcr's rights. family cxcmption or similar allowance,
or lInder the il1lestate laws or Ihe right to takc againslthe spouse's will, or thc right to trcat a
lifctime conveyancc hy lhe other as testamcntary or all othcr rights of a surviving spousc to
panicipale in a deceascd spousc's estate, whcthcr arising undcr thc laws of Pennsylvania. any
state, commonwcalth or lerrilory of the Unitcd Slatcs, or any other country.
(d) Exccpt for thc obligations of the panics containcd in this
Agrcemcnt and such rights as arc exprcssly rescrved hcrein. cach party givcs to thc othcr by the
cxecution of this Agrcemenl an absolute and unconditional rclcasc and dischargc from all causcs
of action, claims. rights or demands whalsocvcr in law or in cquity. which cithcr party ever had
or now has againsl the other.
11. I'RESEIW ATION OF RECORDS. Each party will kccp and preservc
for a pcriod of four (4) years Irom the date of thcir divorcc dccrce all financial rccords relating to
14
panies in writing exeCUle il statement dcclaring this Agreement or any tenn of this Agrcementto
bc null and void.
21. HEADINGS NOT PART OF AGlH:EMENT, Any hcadings preccding
thc tcxt of thc scvcral paragraphs and subparagr<lphs hcrcof are inscrted solcly for convcnicncc of
rcferencc and shall not constitutc a part of this Agrccment nor shall they affcct its mcaning,
conslruction or cffcct.
22. AGREEMENT OINDlNG ON PARTIES AND HEIRS. This
Agrcemcnt shall bind the panics hcreto and Ihcir rcspcctive hcirs, cxecutors, administrators, Icgal
rcprcscntativcs, assigns, and succcssors in any intercst of thc parties.
23. ENTIRE AGREEMENT. Each pany acknowlcdgcs that hc or she has
carcfully rcad this Agrecment, including any and all cxhibits, or othcr documents to which it
refers, such olhcr docllmcnts being incorporatcd hercin by rcferencc; that he or shc has discusscd
ilS provisions wilh an atlomey of his or hcr own choice, and has cxccutcd it voluntarily and in
reliancc upon his or her own allomey; and that this instrumcnt exprcsscs thc cntire agrccmcnt
hetween lhe panics conceming the subjects it purpons to cover and supcrscdcs any and all prior
agreements hetween lhe panics. This Agreemcnt should bc intcrpretcd fairly and simply, and not
slriclly for or against either ofthc partics,
24. MUTUAl. COOPERATION. Each party shall, on dcmand, executc and
deliver 10 the olher any dceds, bills of sale, assignments, conscnts to changc ofbcneficiary
designations. lax relums. and othcr documents, .lIul shall do or causc to be done cvery other act
or Ihing lhat may be necessary or desirable to effcCluate thc provisions and purposes of this
Agreement. Ifeilher pany lInreasonably fails on demand to comply with thesc provisions, that
17
~I
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)
)
)
"
"
STATE OF UAWl\II
COUNTY OF '/'." ,I" I ' .
BEFORE ME, thc undcrsigncd authority, on this day pcrsonally appcarcd JOHN C.
WILLIAMSON, known to mc to be the pcrson who executcd thc forcgoing instrumcnt, and who
acknowledgcd to mc that hc exccutcd samc for thc purposcs and considcrations thcrcin
cxpresscd.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
/ "
/, .
I./'....._~
I
, ~
day of
,1998.
,~ II, I /i:~
l '. .
Notary Public in and for State
. &omDlHn~jb(lmdla1H~lCama
Typed.or printcd namc of Notary:
II.' / ./
.'1." ,
/.-
;' / ",
i. ;\\...'-
of lIawaii
,ll
'-C',
.J
"
.,
. .
, /.
I.
My commission expires:
.
/
~.
19
-
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreet
Carlisle. PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Trecl .10 Colyer
Office Maneger/Reporter
West Shore
697.0371 Ext.6535
December 16, 1997
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE
44 West Main Street
Mechanicsburg, PA 17055
Cindy S. Conely
Attorney at Law
HOWETT, KISSINGER
& MILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
kE: John C. Williamson vs. Sally E. Williamson
No. 97 - 694 civil
In Divorce
Dear Mr. Brenneman and Ms. Conely:
I was appointed on October 30, 1997, as Master in the
above referenced case. I needed to receive clarification from
Judge Sheely as to my participation in the matter and was
cleared to act as Master. consequently, I am going to go
forward with the directive to file pre-trial statements.
A divorce complaint was filed on February 11, 1997,
raising grounds for divorce of irretrievable breakdown of the
marriage. The complaint also stated an averment that the
parties separated on November 10, 1995. Consequently, I assume
that grounds for divorce are not an issue.
The complaint raised the economic claim of equitable
distribution; on February 19, 1997, the Defendant filed a
petition raising additional claims of alimony, alimony pendente
lite, and counsel fees and expenses.
In accordance with P.R.C.P. 1920.33(b) I am directing
each counsel to file a pre-trial statement on or before Monday,
January 12, 1998. Upon receipt of the pre-trial statements, I
will immediately schedule a pre-hearing conference with counsel
r
I
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,{l
...
t
.
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Mr. Brenneman and Mr. conely, Attorneys at Law
16 December 1997
Page 2
to discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
Note: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
I~I THE COURT Of Cm!MON PLEAS 0:
Ct::-lBERU.IlD COmlTY. ?~mSyt'l...NIA
John C. IHlliillLwon
Plaintiff
vs.
Sally E. Williamson
97-694
~O,
19
l-lOTION FOR APPO~T:-IDlT OF ~ST!R
(Plaintiff) (~K~,
following claims:
moves the court to appoint
John C. Williamson
a master with respect co the
(X) Divorce
( ) Annulment
(X) Alimony
(X) Alimony Pendente
LiCe
( X)
( )
( X)
( X)
Distribution of Property
Support
Counsel Fees
Costs and ~enses
and in support of the motion states:
(1) Discovery is complete as to che claims(s) for ~hich the
appointment of a master is requested.
(2) The defendant (has) (h~ ~v appeared in
(by his attorney, Cindy S. Conlev
(3) The staturo~l ground(s) for divorce (is)
the action (personally)
,Esquire).
(are)
!i3JOl(d)
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached ~ith respect to the
following cla1ms: No a<;!:eemcnts have been !:eached
(c) The action is contested ~ith respect :0 the following
cla1ms: all claims indicated above
(5) The action (~~K~) (does not involve) comple~ issues of law
or fact.
(6) The hearing is B.'Cpected to cake 1 ail!~ (days).
(7) Additional infor.nation, if any. relevant Co the motion:
Plaintiff's attorne was in )!:ivated lractice with Master
Date: October 29, 1997
~
Attornev for (Plaintiff)
Keith O. BrE;nnemaMJ:lil!~)
_ ~ ORDER .U'POINT!NG :'lASTER ~ _4 JJ.
...lID ~owO[Jdhrll .1(),l9:J.Z, ~. 72uhe/L.r 8,'ur'Vt .
is appointed master ~ respect 0 f llow g cla1cs: '
. .
I
Esquire,
By
. J.
J
"
;
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
) NO. 97-694 CIVIL TERM
)
) CIVIL ACTION - LAW
) IN DIVORCE
JOHN CRAIG WILLIAMSON,
Plaintiff
SALLY ELIZABETH WILLIAMSON,
Defendant
PETITION RAISING MARITAL CLAIMS
AND NOW, comes Defendant, Sally Elizabeth Williamson, by and
through her counsel, Howett, Kissinger and Miles, p.e., who files
this Petition Raising Marital Claims and in support thereof
states as follows:
1. Plaintiff is Sally Elizabeth Williamson, an adult
individual who currently resides at 8 Pheasant Court,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant is John craig Williamson, an adult
individual who currently resides at 101 Louther Street, Carlisle,
Cumberland County, Pennsylvania, 17013.
3. Husband and Wife were married on July 20, 1968.
4. A Complaint for Divorce was filed by Husband on
February 11, 1997, with this Honorable Court.
5. Wife hereby raises the following marital claims:
COUNT I - ALIMONY AND ALIMONY PENDENTE LITE
6. The foregoing paragraphs of this Petition are
incorporated herein as if set forth at length.
7. Wife lacks sufficient property to provide for her
reasonable means and is unable to support herself through
appropriate employment and requires reasonable support to
adequately maintain herself in accordance with the standard of
living established during the marriage.
8. Wife is unable to sustain herself during the
course of this litigation.
WHEREFORE, Wife requests the Court to enter an award of
reasonable temporary alimony until final hearing and permanently
thereafter.
COUNT II - COUNSEL FEES. EXPENSES AND COSTS OF SUIT
9. The foregoing paragraphs of this Petition are
incorporated herein as if set forth at length.
10. Wife has retained an attorney to bring this action
and has agreed to pay her a reasonable fee.
11. Wife has incurred and will incur costs and
expenses in prosecuting this action,
12. Wife is not financially able to meet either the
expenses and costs of prosecuting this action or the fees to
which her attorney will be entitled in this case.
WHEREFORE, Wife requests the Court to enter an award of
interim counsel fees, costs and expenses until final hearing and
thereupon award such additional counsel fees, costs and expenses
as deemed appropriate.
Respectfully submitted,
Date: N fr/;' 97-
.
, /
l..'C.--- A.
Cindy S. Conley, Es
HOWETT, KISSINGER P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Defendant
Sally Elizabeth Williamson
re ~ ,
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HOWETT, !{ISSINOER Be MILES. P.c. /l ·
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.
THIS AGREEMENT is madc this /5"1/1 day of Ir~ " L.
, 1998, by and
~
I
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i
I
,
MARITAL SETTLEMENT AGREEMENT
betwecn JOHN C. WILLIAMSON, of Hawaii, and SALLY E, WILLIAMSON, ofDauphin
County, Pennsylvania;
WITNESSETH:
WHEREAS, John C. Williamson (hercinaftcr rcferrcd to as "Husband") was born on
May 17,I945,andpresentlyresidcsat 46-050 Konane Place. '3712. Kaneohe, HI 96744
WIIEREAS, Sally E, Williamson (hcreinafter rcferred to as "Wifc") was bom on
October 20,1946. and prescntly resides at 502 Highland Avenuc, Middletown, Dauphin County,
Pcnnsylvania, 17057,
WIIEREAS. the partics hereto arc husband and wife, having bccn lawfully marricd on
July 21, 1%8, in Middlctown, Dauphin County, Pcnnsylvania;
WIIEREAS, thrce childrcn wcrc born ofthc marriagc bctIVccn the partics all of whom
arc cmancipated;
WHEREAS, lhc partics hercto arc dcsirous of sCllling fully and finally thcir rcspcctivc
financial and propcny rights and obligations as bctwecn each othcr. including, without limitation,
thc sCllling of all mailers between them rclating to the ownership of real and personal propcrty,
thc suppon and maintcnancc of one anothcr and, in gcncral, thc sCllling of any and all claims and
possible claims by onc againslthe othcr or against their respectivc estatcs.
NOW, THEREFORE. in consideration ofthesc prcmiscs, and ofthc mutual promiscs,
cOl'enants and undenakings hcreinaftcr set forth, and for othcr good and valuable considcration.
1
the rcccipt and sufficicncy of which is hereby acknowlcdgcd by each of thc partics hereto,
Husband and Wifc, cach intcnding to be legally bound hcrcby, covenant and agrce as follows:
1. ADVICE OF COUNSEL. Thc provisions of this Agrccmcnt and thcir
Icgal cffcct have bccn fully cxplained to thc partics by thcir rcspcctivc counsel, Kcith O.
Brcnncman, Esquire, for Husband, and Cindy S. Conley, Esquirc, for Wife. Each party
acknowlcdges that hc or she has rcceivcd indcpcndcntlcgal advice from counsel of his or hcr
sclcction, and that each fully undcrstands thc facts and has bccn fully infonmcd as to his or hcr
Icgal rights and obligations. and cach party acknowlcdges and accepts that this Agrcemcnt is, in
thc circumstanccs, fair and equitable, and that it is bcing cntercd into frcely and voluntarily, aftcr
having reccivcd such advice and with such knowlcdgc, and thatthc cxccution of this Agreemcnt
is notthc rcsult of any duress or undue intlucnce. and that it is notthc rcsult of any impropcr or
illegal agrccmcnt or agreements. In addition, each pany hcrcto acknowledges that hc or shc has
bccn fully advised by his or hcr rcspective allomcy of thc impact of thc Pcnnsylvania Divorcc
Codc, whcreby thc coun has thc right and duty to detcrminc all marital rights of thc parties
including divorcc, alimony, alimony pendente litc, equitablc distribution of all marital propcrty
or propcrty owned or posscsscd individually by the other, counsel fccs and costs of litigation and,
fully knowing thc samc and being fully adl'iscd of his or hcr rights thcrcundcr, cach party hcrcto
still dcsircs to cxccute this Agrccmcnt, acknowlcdging thatthc tcnms and conditions sct forth
hercin arc lair. just and equitable to each of the panics, and waivcs his and hcr rcspcctive right to
have the Court of Common Pleas of Cumbcrhmd County, or any other coun of compctcnt
jurisdiction, make any detemlination or order affccting thc respcctive panics' rights to alimony,
alimony pcndente lite. suppon and maintenance, equitable distribution, counsel fecs and costs of
litigation.
2
2, DISCLOSURE OF ASSETS. Eaeh of the partics hereto acknowledges
that he or shc is awarc of his or hcr right to scck discovcry, including but not limited to, writtcn
interrogatories, motions for production of documcnts, thc taking of oral dcpositions, the filing of
invcntorics, and all othcr means of discovery pcrmilled undcr thc Pcnnsylvania Divorce Code or
the Pcnnsylvania Rulcs of Civil Procedurc. Each of the parties furthcr acknowlcdgcs that he or
shc has discusscd with counsellhc conccpt of marital propeny undcr Pcnnsylvania law and each
is aware of his or her right to havc the real and/or pcrsonal property, cstatc and assets, earnings
and incomc ofthc othcr asscsscd or evaluatcd by the couns of this commonwealth or any other
court of compctent jurisdiction. Thc panics do hcreby acknowlcdgc thatthcrc has bccn full and
fair disclosure to the othcr of his or hcr rcspectivc income, assets and Iiabilitics, whcther such arc
hcld jointly or in the namc of onc pany alonc. Each party agrees that any right to further
disclosurc, valuation. enumcration or statemcnt hcrcofin this Agreement is hercby specifically
waived, and thc parties do nol wish to makc or appcnd hcrcto any funhcr cnumcration or
statemcnt. Thc parties hcreby acknowlcdgc and agree that the division of asscts as set forth in
this Agrecmcnt is fair, rcasonable and cquitablc, and is satisfactory to them, Each of the parties
hereto furthcr covenants and agrecs for himsclf and hcrsclf and his or hcr hcirs, cxecutors,
administrators or assigns, that hc or she will ncvcr at any timc hercaftcr suc the othcr party or his
or hcr hcirs, cxccutors, administralors or assigns in any action of contention, dircct or indirect,
and allegc thcrcin thattherc was a dcnial of any rights to full disclosure, or that there was any
fraud. durcss, undue influence or that there was a failurc to havc availablc full, proper and
indepcndcnt reprcsentation by Icgal counsel.
3
3,
PERSONAL RIGHTS, Husband and Wifc may, at alltimcs hcreaftcr,
!
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live scparatc and apart. Each shall be frce from all control, rcstraint, interfcrcnce and authority,
"
dircct or indircct, by thc othcr. Each may rcsidc at such placc or placcs as hc or she may selcct.
Each may, for his or hcr scparatc usc or bcncfit, conduct, carry on or cngagc in any business,
occupation, profcssion or cmploymcnt which to him or her may sccm advisablc, Husband and
Wifc shall not molcst, harass, disturb or malign cach othcr or thc rcspectivc familics of each
other, nor compcl or atlcmptto compclthe othcr to cohabit or dwcll by any mcans or in any
manncr whatsocver with him or hcr. Ncithcr party will intcrfcrc with thc usc, owncrship,
cnjoymcnt or disposition of any propcrty now owncd by or hcrcaftcr acquircd by thc other.
4, MUTUAL CONSENT DIVORCE. Thc parties acknowlcdge that on
February 11,1997. Husband initiatcd a divorcc aclion undcr thc no-fault provisions ofthc
Divorcc Codc in thc Cumberland County Court of Common Picas docketed at No. 97.694. It is
lhc intcntion of the parties, and thc partics agrce, that by this Agreemcntthcy havc resolved all
ancillary cconomic issucs rclatcd to thcir divorce and Ihus this or any othcr divorce action with
respcctto thcse partics ~hall bc limitcd to a claim for divorcc only. Thc partics agree that
simultancously with thc t;xccution of this Agrccmcnt, cach will sign an Affidavit of Consent to
divorcc and Waiver of Noticc of Intcntion to Rcqucst Entry of Divorce Dccree and deliver same
to counscl for Husband, who shall promptly submit said affidavits and waivers to the court along
with a Praccipc to Transmit Rccord, Vital Statistics Form and any and all other documents
necessary to precipitate the prompt entry of a divorcc decrcc.
4
5, EOUITABLE DISTRIBUTION,
(a) Marital Residence. The partics acknowledge that subsequent to
their scparation they sold their marital rcsidcncc and dividcd the procceds of sale to their mutual
satisfaction.
(b) Furnishinl!s and Personaltv. The partics agrec that they have
divided by agrcemcnt betwccn thcmsclves all of their furnishings and personalty, including all
furniturc, furnishings, antiqucs, jcwclry, rugs, carpcts, houschold appliances and equipment.
Any pcrsonalty or fumishings rcmaining in Wifc's currcnt rcsidcncc as of the cxecution datc of
this Agrccment shall bc and rcmain Wifc's solc and scparatc propcrty, free of any and all right,
titlc, claim or intcresl of Husband. Any pcrsonalty or furnishings now located in Husband's
currcnl rcsidcncc as ofthc cxccution date of this Agrecmcnt shall bc and remain Husband's sole
and scparatc propcrty, frce of any and all right, title, claim or intcrcst of Wifc.
(cl Motor Vehicles,
(I) Husband agrccs that Wife shall rctain possession of and
rcceive as her solc and scparate propcrty thc 1994 Pontiac Grand Am automobile currently titled
in joint namcs, along with all rights undcr any insurancc policies thercon and with all
responsibility for paymcnt of any outstanding indcbtcdncss pertaining thereto and insurance
thercon, free of any and all right, titlc, claim or intercst of Husband. Husband shall, at Wife's
rcqucst exccllte all documcnts, including thc titlc, to transfcr his intcrest in said vehicle to Wife,
(2) Wifc agrecs that Husband shall rctain possession of and
rcceivc as his sole and scparate property any vehiclcs currently titled in his name, along with all
rights under any insurance policics thcrcon and with rcsponsibility for payment of any
5
outstanding indcbtcdness pertaining thcrcto and insurance thcreon, free of any and all right, title,
claim or intcrcst ofWifc.
(d) Life Insurance. Wife and Husband cach hereby specifically
releascs and waivcs any and all right, title, claim or interest that hc or she may have in and to any
and all policics of insurancc insuring the lifc of or owned by the othcr including cash surrender
value, if any, and also spccifically to includc a waiver of any bencficiary designation thereunder.
(e) Pension and Retirement Benefits. Except as provided below,
Wifc and Husband cach hcrcby spccifically rclcases and waives any and all right, title, claim or
intcrestthat hc or shc may havc in and to any and all retiremcnt benefits (including but not
limitcd to pension or profit sharing benefits, dcferred compensation plans, 401(k) plans,
cmployce savings and thrift plans, stock options, individual retiremcnt accounts or other similar
bcncfits) ofthc othcr party, spccifically to includc a waivcr of any spousal annuity benefits
and/or bcncficiary dcsignations thcrcundcr. Thc parties agree thatthcy shall cxccute any
documents pursuant to thc Rctircmcnt Equity Act or any similar act that may be required from
timc to timc to accomplish thc purposcs of this subparagraph. Notwithstanding the above the
partics agrce that Husband's Kodak Vcstcd Right Bcnefit Retiremcnt Plan and his Eastman
Kodak Employce Savings and Invcstmcnt Plan shall be distributed between the parties as
follows:
(I) Eastman Kodak Emplovee Savinl!s and Investment Plan
Thc partics acknowlcdgc that as of December 31, 1995, the balance
of Husband's Eastman Kodak Employee Savings and Investmcnt Plan was Eighteen Thousand
Thrcc Hundred Twcnty-Six Dollars and Scventy Cents ($18,326.70) with tota! outstanding loans
against said account ofNinc Thousand Two Hundrcd Eighty Dollars and Eighteen Cents
6
(S9,~80.18), Accordingly,thc partics agree thatthc net equity valuc of this plan as of Dcccmber
31,1995 is Ninc Thousand Forty-Six Dollars and Fifty-Two Cents ($9,046.52). The parties
agrcc that Husband shalltransfcr to Wifc fifty-five perccnt (55%) ofthc Ninc Thousand Forty-
Six Dollars and Fifty-Two Ccnts ($9,046.52) plus any growth that has occurred on that amount
sincc Deccmbcr 31. 1995 through thc datc of transfer to Wife. pursuant to a Qualificd Domcstic
Relations Order to bc prcpared by counscl for Wifc. Husband shall coopcratc in insuring that
said Qualificd Domcstic Relations Ordcr is approved by thc plan administrator.
(2) lIushand's Eastman Kodak Vested Ril!ht Denenl
Thc partics also acknowledgc that Husband is cntitlcd to a vestcd
right rctiremcnt bcncfitthrough his Eastman Kodak Vcsted Right Bcncfit. Husband agrccs that
hc shall, as soon as hc is ablc to, ehose the option "B" payment option which will direet a onc
timc cash payment of the rctirement bcnefit. The panics acknowlcdge that as of Novcmber 30,
1995. thc estimated one-time payment was Ninety-Six Thousand, Four Hundred Eighty-Ninc
Dollars ($96,489.00). The partics agrcc that Husband shalllranslcr to Wifc pursuant to a
Qualificd Domcstic Rclations Order fifty-fivc pcrccnt (55%) of the one-timc paymcnt ofNincty-
Six Thousand, Four Hundrcd Eighty-Ninc Dollars ($96,489.00) plus thc growth that has accrued
on that portion ofthc plan sincc November 30,1995 through thc datc oftransfcr to Wifc pursuant
to a Qualified Domestic Relations Order to be prcpared by counscl for Wifc. Husband shall
cooperale in insuring that said Qualified Domcstic Rclations Ordcr is approvcd by the plan
administrator.
Until such timc as Wife's interests in both plans arc transferred 10
her pursuant to Qualified Domeslic Relations Ordcrs, Husband will mainlain Wife as the primary
bencliciary of said plans to the eXlcntof her intercst pursuant to this agreement.
7
(I)
Cash Accounts. Stocks and Investments.
(1) Wifc agrccs that Husband shall rctain as his sole and
scparatc property, frcc from any and all right, tillc, claim or intcrcst of Wife, any and all stocks,
bonds, invcstmcnts, sums of cash in savings or chccking accounts, mutual funds, stock accounts,
or any other asscts of a similar nature which now are titlcd in Husband's name alonc.
(2) Husband agrces that Wifc shall rctain as hcr sole and
scparate propcrty, frcc from any and all right, titlc, claim or intcrcst of Husband. any and all
stocks, bonds, invcstments, sums of cash in savings or chccking accounts, mutual funds, stock
accounts, or any othcr asscts of a similar nature which now are titled in Wifc's name alone,
(g) Miscellaneous Proper!\', As ofthc exccution date of this
Agrccmcnt, any and all propcrty not spccifically addresscd hcrcin shall bc owned by the party to
whom thc propcrty is titled; and ifuntitlcd, thc party in posscssion. This Agrccmcnt shall
constitute a sufficicnt bill of salc to cvidcnce the transfcr of any and all rights in such property
from cach to thc othcr.
(h) Propertv to Wife. Thc partics agrce that Wifc shall own, possess,
and enjoy, frce from any claim of Husband, the propcrty awardcd to hcr by the terms of this
Agrccmcnt. Husband hcrcby quitclaims, assigns and convcys to Wife all such property, and
waivcs and rclinquishcs any and all rights thcrcto, togethcr with any insurance policies covering
that propcny, and any escrow accounts rclating to that propcrty. This Agrccmcnt shall constitute
a sufficicnt bill of salc to cvidcncc the transfcr of any and all rights in such property from
Husband to Wife.
(i) Properh' to Hushand. Thc partics agrce that Husband shall own,
posscss. and enjoy, frce from any claim ofWifc, the property awardcd to him by the terms of this
8
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Agrecmcnt. Wifc hcreby quitclaims, assigns and convcys to Husband all such property, and
waivcs and rclinquishes any and all rights thcrcto, togcther with any insurance policies covcring
that property, and any cscrow accounts relating to that propcrty. This Agrecmcnt shall constitutc
a sufficicnt bill of sale to cvidcnce thc transfer of any and all rights in such property from Wife to
Husband.
(j) Assumption ofEneumbrances.
(1) Commcncing on thc cxecution datc of this Agrccmcnt,
Husband shall bc solcly responsiblc for any and all liabilities in his namc alone, spccifically to
includc any obligations to issucrs of crcdit cards in his namc alonc,
(2) Commencing on thc cxccution date of this agreement. Wifc
shall bc solcly rcsponsiblc for any and allliabilitics in hcr name alonc, specifically to includc any
obligations to issucrs of credit cards in hcr namc alonc.
(3) Unless otherwise providcd hcrcin, cach party hcrcby assumcs
thc debts, cncumbranccs, taxcs and licns on allthc property cach will hold subsequcntto thc
effectivc date of this Agrccmcnt. Each party agrccs to indcmnify and hold harmlcss thc othcr
pany and his or hcr propcrty from any claim or liability thatthc othcr pany will suffcr or may bc
rcquired to pay bccausc of thc dcbts, cncumbranccs or liens assumcd by thc othcr pursuant to this
Agrccmcnt.
(k) Liabilitv Not Listed. Each party rcprcscnts and warrants to the
othcr that he or shc has not incurred any debt. obligation or othcr liability, othcr than thosc
dcscribed in this Agrccment. on which thc othcr party is or may bc liablc. A liability not
discloscd in this Agreemcnt 11'111 bc (he solc responsibility ofthc purty who hus incurrcd or may
hcrcafter incur it, and such pany agrccs to pay it as the same shall becomc duc. and to indemnify
9
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f
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"
and hold thc other pany and his or hcr propcrty harmless from any and all such dcbts, obligations
and liabilities.
(I) Indemnilicatlon of Wife. If any claim, action or proceeding is
hereafter initiatcd sceking to hold Wifc liable for thc dcbts or obligations assumcd by Husband
under this Agreemcnt, Husband will, at his solc cxpcnse, dcfcnd Wifc against any such claim,
action or proceeding, whcthcr or not wcll-founded, and indcmnify her and hcr property against
any damagcs or loss rcsulting thercfrom, including, but not limited to, costs of court and actual
attorncy's fccs incurred by Wifc in connection thcrcwith.
(m) Indemnilieation of Husband. If any claim, action or procceding
is hercaftcr initiatcd sccking to hold Husband liable for the dcbts or obligations assumcd by Wifc
under this Agrccmcnt, Wife will, at hcr solc expcnsc, dcfend Husband against any such claim,
action or procecding, whcthcr or not wcll-founded, and indcmnify him and his property against
any damagcs or loss rcsulting thcrcfrom, including, but not limitcd to, costs of court and actual
allorncy's fees incurred by Husband in conncction thcrcwith,
(n) Warrantv as to Future Oblil!ations. Husband and Wife each
rcprescnts and warrants to thc othcr that hc or shc will not at any timc in the futurc incur or
contract any debt, chargc or liability for which thc othcr. thc othcr's Icgal rcprcsentatives,
propcrty or cst ate may bc rcsponsiblc. From thc datc of cxccution of this Agreement, each party
shall usc only thosc crcdit cards and accounts for which that party is individually liable and the
parties agrec to cooperatc in closing any rcmaining accounts which providc for joint liability.
Each party hcrcby agrces to indcmnify, savc and hold thc othcr and his or hcr properly harmless
from any liability, loss, cost or cxpcnsc whatsocver, including allomcys fces, incurred in the
cvcnt ofbrcach hcreof.
10
6. SPOUSAL SUPPORT AND ALIMONY, The parties acknowledge that
currcntly Husband is paying to Wifc as spousal support through thc Domcstic Relations Officc of
thc Court of Common Picas ofCumbcrland County, Pennsylvania dockctcd to No. 1207-S-1996.
thc sum of One Thousand Onc Hundrcd Nincty-Onc Dollars and Sixty-Scvcn Cents ($1,191.67)
pcr month plus forty pcrccnt (40%) of any commissions and/or bonus paymcnts hc receivcs as a
part of cmploymcnt with his cmployer aftcr applicablc taxcs are withheld from his carnings. Thc
partics agrcc that upon entry of a divorcc dccrcc, said spousal support ordcr shalltcrminatc.
Howevcr, any and all arrcars due and owing on thc datc of tcrmination shall continue to be paid
by Husband until said arrcars arc paid in full. Effcctive thc datc a divorce dccrec is cntcrcd,
Husband shall pay to Wifc through thc Domcstic Rclations Officc of the Court of Common Picas
ofCumbcrland County as alimony thc sum ofScven Hundrcd Fifty Dollars ($750.00) per month
with cach paymcnt bcing duc by thc 15'h of each and cvcry month, for a pcriod of thirty-six (36)
months. Said paymcnts shalltcrminatc upon Husband's death, Wifc's dcath, Wife's cohabitation
or rcmarriagc. In addition, said payments shall bc subjcctto modification only if Husband
involllntarily loscs his cmploymcnt. Said paymcnts shall be dcductiblc from Husband's incomc
and includablc in Wifc's incomc for Fedcral income tax purposcs. Thc parties releasc and waivc
any rights thcy may have to scek modifieation ofthc tcrms of this paragraph in a court oflalV or
cquity, it bcing undcrstood that the forcgoing constitutcs a final dctcrmination for all time of
either party's obligation to contributc to the support and maintcnance ofthc other. Moreover,
simultaneollsly with the exccution of this agreemcnt, Husband shall providc to Wifc documents
evidencing all bonuscs and commissions camcd by him for thc period December 10, 1996
through thc datc of execution of this Agrccmcnt so that the arrcaragcs owed on the spousal
suppon ordcr at thc date of it's temlination can bc correctly calculatcd.
11
7, COUNSEL FEES. COSTS AND EXPENSES, Each party shall bc
solely responsiblc for his or her own lcgal fecs, costs and expcnscs incurrcd in conncction with
their scparation and/or thc dissolution ofthcir marriagc, and thc prcparation and cxccution of this
Agrccmcnt.
8. WAIVER OF INHERITANCE RIGHTS. Unlcss othcrwisc spccifically
providcd in this Agrccmcnt, as ofthc cxccution datc of this Agrccmcnt, Husband and Wife each
waivcs all rights of inhcritancc in the cstatc of the othcr, any right to elcctto takc against the will
or any trust of the othcr or in which the othcr has an intcrcst, and cach of thc partics waives any
additional rights which said pany has or may havc by rcason of thcir marriagc, cxccptthe rights
savcd or creatcd by thc terms of this Agrccmcnt. This waivcr shall bc construed gcncrally and
shall includc, but not bc Iimitcd to, a waivcr of all rights providcd undcr thc laws of
Pennsylvania. or any othcr jurisdiction, and shall includc all rights undcr thc Pcnnsylvania
Divorcc Codc.
9. WAIVER OF BENEFICIARY DESIGNATION. Unless othcrwise
spccifically set forth in this Agrccmcnt, cach party hcrcto spccifically waives any and all
bcneficiary rights and any and all rights as a surviving spousc in and to any assct, bcncfit or likc
program canrying a bcncficiary dcsignation which bclongs to thc othcr party undcr the tcrms of
this Agrccmcnt, including, but not limited to, pcnsions and rctircmcnt plans of any sort or nature,
dcferrcd compcnsation plans, Iifc insurancc policics, annuitics, stock accounts, bank accounts,
final pay chccks or any othcr post-dcath distribution schcmc, and cach party cxprcssly statcs that
it is his and hcr intcntion to rCl'okc by thc temlS oftbis Agrccmcnt any bcncficiary designations
naming thc othcr which arc in effect as ofthc date ofcxccution of this Agrccmcnt. Ifand in thc
12
cvcntthc othcr party continucs to bc named as beneficiary and no altcmate bcncficiary is
othcrwisc dcsignatcd, the bcncticiary shall be decmcd to bc thc cstatc of the deccased party,
10, RELEASE OF CLAIMS,
(a) Wifc and Husband acknowlcdge and agrce that the propcrty
dispositions providcd for hcrcin constitutc an cquitablc distribution of thcir asscts and liabilities
pursuant to *3502 ofthc Divorcc Codc, and Wife and Husband hcrcby waivc any right to
division of their propcrty exccpt as provided for in this Agrccmcnt. Furthennore, except as
othcrwise provided for in this Agrccmcnt, each of thc parties hercby spccifically waives,
relcascs, rcnounces and forcvcr abandons any claim, right, titlc or intcrcst whatsoever he or she
may havc in propeny transfcrrcd to thc othcr party pursuant to this Agrcement or identified in
this Agrccment as bclonging to thc othcr party, and cach party agrces ncver to ass crt any claim to
said propcrly or procccds in thc future. Howcvcr, neithcr party is rclcascd or discharged from
any obligation under this Agrccmcnt or any instrumcnt or documcnt exccutcd pursuant to this
Agrccment. Husband and Wifc shall hcreaftcr own and enjoy independcntly of any claim or
right ofthc othcr. all itcms ofpcrsonal propCrly, tangiblc or intangible, acquired by him or her
from thc cxccution date of this Agrccmcnt with full powcr in him or her to dispose of the same
fully and effcctivcly for all purposcs.
(b) Each party hcrcby absolutely and unconditionally releases and
forevcr dischargcs the othcr and the estatc of the othcr for all purposcs from any and all rights
and obligations which either pany may have or at any timc hcrcaftcr has for past, present or
future suppon or maintenancc, alimony pcndentc litc, alimony, cquitable distribution, counsel
fccs. costs, expcnses, and any othcr right or obligation. economic or otherwise, whcthcr arising
Ollt of the marital rclationship or othcrwisc, including all rights and benefits undcr thc
13
,D
Pcnnsylvania Divorcc Codc of 1980, its supplemcnts and amcndmcnts, as wcll as undcr any
othcr law of any other jurisdiction, exccpt and only cxccpt all rights and obligations arising undcr
this Agrccment or for thc brcach of any of its provisions. Neithcr pany shall have any obligation
to thc othcr not cxpressly sct forth hcrcin,
(c) Exccpt as sct forth in this Agrccmcnt, cach party hercby absolutely
and unconditionally releascs and forcvcr dischargcs thc othcr and his or hcr heirs, cxecutors,
administrators, assigns, propcny and estatc from any and all rights, claims, dcmands or
obligations arising out of or by virtuc of the marital rclationship of the parties whcthcr now
cxisting or hcreaftcr arising. Thc abovc rclcasc shall bc effcctivc regardlcss of whcthcr such
claims arise out of any fonncr or futurc acts, contracts, cngagcmcnts or liabilitics of the other or
by way of dowcr, curtcsy, widow's or widowcr's rights, family excmption or similar allowance,
or undcr the intestate laws or thc right to takc against the spousc's will, or the right to treat a
lifctimc convcyance by thc other as tcstamcntary or all othcr rights of a surviving spouse to
participate in a dcccascd spousc's cstate, whcthcr arising under thc laws of Pennsylvania, any
statc, commonwcalth or tcrritory of the Unitcd States, or any othcr country.
(d) Exccpt for thc obligations ofthc partics containcd in this
Agrccment and such rights as arc cxprcssly rcscrvcd hcrein, each party gives to the other by the
cxccution of this Agrccmcnt an absolutc and unconditional relcasc and discharge from all causes
of action, claims, righls or dcmands whatsoever in law or in cquity, which cither party ever had
or now has against the othcr.
11. PRESERVATION OF RECORDS. Each party will keep and preserve
for a pcriod of four (4) ycars from thc datc ofthcir divorcc decrcc all financial records relating to
14
the marital esta:e, and cach party will allow thc other party acccss to those records in thc event of
tax audits.
12. MODIFICATION. No modification, rcscission. or amcndmcnt to this
Agrccmcnt shall bc cffcctivc unless in writing signed by each of the partics hereto.
13, SEVERABILITY. Ifany provision of this Agreemcnt is held by a court
of compctcnt jurisdiction to bc void, invalid or uncnforccablc, the rcmaining provisions hereof
shall nevcrthelcss survive and continue in full forcc and effcct without bcing impaired or
invalidatcd in any way.
14. BREACH. If either party hcreto brcaches any provision hercof. the other
party shall havc thc right, at his or her clection, to suc for damages for such breach. or seek such
othcr rcmcdies or relicf as may be availablc to him or hcr. Thc non-brcaching party shall be
cntitlcd to rccovcr from the brcaching party all costs. expcnses and legal fces actually incurred in
thc enforccmcnt ofthc rights ofthc non-brcaching party.
15. WAIVER OF BREACH. Thc waivcr by one party of any breach of this
Agrccmcnt by thc othcr party will not be dcemcd a waiver of any other breach or any provision
of this Agrccment.
16. NOTICE. Any noticc to bc givcn undcr this Agrcement by eithcr party to
thc othcr shall bc in writing and may bc effccted by registcred or certificd mail, return receipt
rcqucsted. Noticc to Husband will bc sufficient ifmadc or addressed to thc following:
John C. Williamson
46-050 Konane Place
t3712
Kaneohe. HI 96744
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and to Wife, ifmadc or addrcsscd to the following:
t
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,
"
Sally E, Williamson
502 Highland Avcnue
Middlctown, PA 17057
.ll
Noticc shall bc dcemcd to havc occurred upon thc date rcceived by the rccipient. Each party may
change the addrcss for noticc to him or her by giving notice of that changc in accordancc with the
provisions of this paragraph.
17. APPLICABLE LAW. All acts contcmplatcd by this Agreement shall bc
construcd and enforced undcr thc substantive laws of the Commonwcalth ofPcnnsylvania
(without rcgard to thc conflict of law rules applicable in Pcnnsylvania) in effcct as of the datc of
cxecution of this Agrccmcnt.
18, DATE OF EXECUTION. Thc "datc of execution" or "cxecution date" of
this Agrccmcnt shall bc defincd as the datc upon which thc partics signcd thc Agreemcnt if they
do so on thc samc datc, or ifnot on the samc date, thcn thc date on which thc Agrccment was
sign cd by the last party to cxccute this Agrccment.
19. EFFECTIVE DATE. This Agrccmcnt shall bccome cffcctive and
binding upon both partics on the cxccution datc.
20. EFFECT OF RECONCILIATION. COHABITATION OR
DIVORCE. This Agrccmcnt shall remain in full forcc and cffcct and shall not bc abrogated
cvcn ifthc partics cffcct a reconciliation, cohabit as husband and wifc or allcmptto cffcct a
rcconciliation, This Agrecmcnt also shall continuc in full force and cffcct in thc evcnt ofthc
partics'divorcc. Thcre shall bc no modification or waivcr of any of the terms hcrcofunlcss the
16
partics in writing cxccute a statcment dcclaring this Agrccment or any term of this Agreement to
be null and void,
21. HEADINGS NOT PART OF AGREEMENT, Any headings preceding
the tcxt of the scvcral paragraphs and subparagraphs hereof arc inscrtcd solely for convcnience of
refcrcnce and shall not constitute a part of this Agrccmcnt nor shall they affcct its mcaning,
construction or cffect.
22. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agrcemcnt shall bind thc partics hereto and thcir respectivc heirs, cxecutors, administrators, legal
reprcscntativcs, assigns, and succcssors in any intcrcst of thc parties,
23, ENTIRE AGREEMENT. Each party acknowlcdgcs that he or she has
carcfully read this Agrccmcnt, including any and all cxhibits, or othcr documcnts to which it
refers, such other documents bcing incorporated hcrcin by rcfercncc; that he or she has discussed
its provisions with an attomcy of his or her own choicc. and has cxecuted it voluntarily and in
rcliancc upon his or hcr own attorncy; and that this instrumcnt cxprcsses thc cntire agreement
bctwccn the partics conccming the subjects it purports to covcr and supersedes any and all prior
agrccmcnts bctwccn thc partics, This Agrcemcnt should be intcrpretcd fairly and simply, and not
strictly for or against cithcr of the panics.
24. MUTUAL COOPERATION, Each party shall, on demand, execute and
dclivcr to the other any dccds, bills of salc, assignmcnts, conscnts to change of beneficiary
dcsignations, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may bc necessary or desirable to cffcctuatc thc provisions and purposes of this
Agrecmcnt. If eithcr pany unrcasonably fails on dcmand to comply with these provisions, that
17
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BOWETT, KISSINGER'" MILES. RC.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN C. WILLIAMSON,
Plaintiff
v,
)
)
)
)
)
)
)
NO, 97-694 CIVIL TERM
SALLY E. WILLIAMSON,
Dcfcndant
CIVIL ACTION - LAW
IN DIVORCE
AMENDED OUALlFIED DOMESTIC RELATIONS ORDER
1. Thc coun finds thatthc abovc partics wcrc divorccd on June 2, 1998 and it was
intcndcd by the parties and this court that a scparatc Qualificd Domcstic Relations Ordcr was to
bc cntcrcd for servicc upon thc employcr ofthc plan participant as hcrcinaftcr sct forth.
2. Thc court finds thatthc Plaintiff, John C. Williamson is a participant in thc Kodak
Rctircmcntlncomc Plan, (hercinaftcr rcfcrrcd to as UKRlpU).
3. Thc court makcs thc following finding of fact and thc following dcfinitions:
(a) Particioant infomlation:
Namc: John C. Williamson
Last known mailing addrcss:
46-050 Konanc Placc
No. 3712 Kaneohc
Hawaii,96744
Social Sccurity Numbcr: 206-34-8214
n
Datcofbirth: May 17,1945
(
Participant's Atlomcy:
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Kcith O. Brcnneman, Esquirc
SNELBAKER, BRENNEMAN & SPARE
44 Wcst Main Strcel
Mcchanicsburg, PA 17055
=<
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(b) Altcrnntc Pnvee Infonl1ntioll:
Namc: Sally E. Williamson
Last known mailing address:
502 Highland Avenuc
Middlctown, PA 17057
Relationship to participant: Ex-Wife
Social Sccurity Numbcr: 210-40-2249
Datc of birth: Octobcr 20,1946
Altcrnatc Paycc's Allomcy:
Cindy S. Con Icy, Esquirc
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Strccl
P.O. Box 810
Harrisburg, P A 17108
(c) Namc ofRctircmcnt Plan:
I. Kodak Rclircmcntlncomc Plan (KRIP)
(d) Plan Administrators:
KRIP: Kodak Rctircmcntlncome Plan Commillcc
c/o Dircctor, Bcncfits
343 Statc Strcct
Rochcstcr, NY 14650-1112
4. Thc eourt finds that it is intcndcd for this order to qualify as a Qualificd Domestic
Rclations Ordcr undcr the Rctircmcnt Equity Act of 1984 and the provisions hereof shall bc
administcrcd nnd intcrprctcd in conformity with sueh aet; that the allomcys for the participant
and altcmatc payec, if any, are dcsignatcd as thcir reprcscntativcs for purposes of rccciving
copies of any plan noticcs thatthcy are scntto the panicipant and altcrnate payce with respect to
this ordcr, and that this court retains jurisdiction to amcnd this ordcr for purposcs of establishing
or maintaining it's qualifications as a Qualificd Domcstic Rclations Ordcr pursuant to thc
2
9. This instrumcnt is dcsigncd to satisfy. and thc court dccms it to satisfy, the
dcfinition ofa Qualified Domcstic Relations Ordcr as thattcrrn is dcfincd in the intcmal rcvcnuc
codc of 1986, thc Rctircmcnt Equity of 1984, and the Employcc Retircmentlncomc Sccurity Act
of 1974 all as amendcd.
10. This amcndcd order shall sllpcrccdc all previous Qualificd Domcstic Rclations
Ordcr in this mallcr.
BY THE COURT:
Datc:~?~~
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Domcstic Rclations Ordcr to bc prcpared by counsel for wifc," from Mr. Williamson's Eastman
Kodak Employcc Savings and Invcstmcnt Plan, (hcrcinaftcr rcferred to as SIP). Morcover, Mr.
Williamson was to coopcrate in cnsuring that the Qualificd Domcstic Rclations Ordcr was
approvcd by thc plan administrator. A copy of thc April 15, 1998 Marital Scttlcmcnt Agrcemcnt
is attachcd hcrcto markcd Exhibit "A" and incorporatcd by rcfcrcncc hcrein as if sct forth at
Icngth.
6. Accordingly, pursuant to thc Marital Sclllcmcnt Agrecmcnt, Mrs. Williamson's
allorncy, at Mrs. Williamson's sole cost, prcpared a Qualificd Domcstic Relations Ordcr
directing thc transfcr ofthc appropriatc amount of Mr. Williamson's SIP plan to Mrs.
Williamson. Aftcr communication back and forth bctwcen Mrs. Williamson's attorncy, Mr.
Williamson's attorncy, and thc plan administrator, a final Qualificd Domcstic Rclations Order
was prcparcd and cxccutcd by this Honorablc Court on Novembcr 12, 1998. A copy ofthc
Qualificd Domcstic Rclations Ordcr is attachcd hcrcto markcd Exhibit "B" and incorporated by
rcfcrcnce hcrcin as ifsct forth atlcngth.
7, By Icttcr datcd Novcmbcr 24, 1998, the plan administrator ofthc SIP plan,
notificd both partics thatthc Qualificd Domcstic Rclations Ordcr submittcd to Kodak had becn
dctcrmincd to bc a Qualified Domestic Relations Order. A copy of the Novcmber 24, 19981ettcr
from thc plan administrator in that rcgard is allachcd hcrcto marked Exhibit "C" and incorporated
by rcfcrencc hcrcin as if sct forth atlcngth.
8. Thercafter, on or about Dcccmbcr 18, 1998, Mrs. Williamson's attorncy was
informcd by telcphone by the plan administrator ofthc SIP plan that bcfore thc rollover from Mr.
Williamson's SIP plan wcntthrough pursuant to thc Qualificd Domestic Relations Order, thaI the
SIP plan was convcrtcd to a DANKA plan and accordingly, anothcr Qualificd Domestic
2
~
Relations Ordcr would havc to bc prcparcd to effcctuate thc rollovcr. [n addition, Mrs.
Williamson's attorney was infoll11cd that Mr. Williamson had tCll11inated employmcnt with
Kodak/Danka and was currcntly looking for a ncw cmploycr. When Mrs. Williamson's attomey
suggcsted that Mr. Williamson simply cash outthc Danka plan and pay Mrs, Williamson a cash
amount to compcnsatc hcr for thc intercst in thc plan, Mr. Williamson's allorncy, allcr speaking
with Mr. Williamson, indicatcd that Mr. Williamson would bc rolling thc Danka plan into a plan
with his ncw employcr and that as soon as the plan was rolled ovcr hc would providc us with the
appropriatc infoll11ation conccrning thc ncw plan so that anothcr Qualificd Domestic Relations
Order could bc prcparcd and that thc appropriate amount could bc rollcd ovcr to Mrs.
Williamson. Mrs. Williamson's attorncy confill11cd this infoll11ation by [cllcr datcd Deccmbcr
22, 1998, a copy of which is allachcd hercto markcd Exhibit "D" and incorporated by refcrence
hcrcin as if sct forth atlcngth.
9, [n January of [999, Mrs. Williamson was adviscd that Mr. Williamson had
obtaincd ncw cmploymcnt with Xcrox Corporation. Accordingly, by Ictter dated January [8,
) 999, Mrs. Williamson's allomcy adviscd Mr. Williamson's attorney that she believed the issue
of rollover or the 40[(k) plan rollovcr should bc ready for rcsolution, A copy of the January [8,
) 999 ICllcr is attach cd hercto markcd Exhibit "E" and incorporated by refcrcnce herein as if set
forth at length.
10. By Ictter dated February [2, [999, Mr, Williamson's attorney advised Mrs.
Williamson's allorncy that Mr. Williamson had obtaincd cmployment with Xerox and was in the
proccss of making arrangcmcnts to rollthc Danka plan into a qualified plan with his current
cmployer and that hc would advisc Mrs. Williamson's attorney as soon as Mr. Williamson
obtaincd thc plan infoll11ation in order for a Qualificd Domestic Relations Order to be prepared.
3
It. Whcn Mrs, Williamson's allorncy had hcard nothing furthcr from Mr.
Williamson's allomcy by March 18, 1999, Mrs. Williamson's allomcy forwardcd a Icller to Mr.
Williamson's allorncy indicating that if the information ncccssary to prcparc a Qualificd
Domcstic Rclations Ordcr for Mr. Williamson's current cmploycr was not providcd by March
30,1999, that shc would assumc that it would not be forthcoming and would takc whatcvcr stcps
ncccssary to commcncc an enforccmcnt action. A copy of thc March 18, 1999 Icllcr is allachcd
hcrcto markcd hcrcto markcd Exhibit" F" and incorporatcd by rcfcrcnce hcrcin as ifsct forth at
Icngth,
12. As no information was forthcoming, Mrs. Williamson's allomcy contacted Mr.
Williamson's allomcy and left a telcphonc mcssagc again rcqucsting thc informationncccssary
for thc Qualificd Domcstic Relations Ordcr,
13. In rcsponse, Mr. Williamson's allomcy provided to Mrs, Williamson's attorncy a
facsimile mcssage indicating that hc would contact Mr. Williamson and asccrtain what was
"happcning."
14. A copy ofthc May I, 1999 facsimile mcssagc is allached hcreto marked Exhibit
"G" and incorporatcd by refcrcncc hcrcin as if sct forth atlcngth.
15. To datc, Mrs. Williamson's allorncy has rcceivcd no information, despitc repeated
rcqucsts, conccming Mr. Williamson's ncw plan so that a Qualificd Domcstic Relations Order
can bc prcparcd transferring Mrs. Williamson's entitlcmcnt from thc original SIP plan to hcr.
16. Mrs. Williamson bas had to incur substantial allomcys fces and costs in
allcmpting to obtain this information and cnforcc thc April 15, 1998 Marital Selllement
Agrccmcnt.
17. 23 Pa.C.S.A. ~3502 providcs as follows:
4
(e) Powers of the court, - If, at any timc, a party has failcd to comply with. , . the
terms of an agrccmcnt as cntcred into bctwccn thc partics, after hcaring, thc court
may, in addition to any othcr rcmcdy available undcr this part, in ordcr to effcct
compliancc with it's order:
(I) cntcr judgmcnt;
(2) authorizc thc taking and seizurc ofthc goods and challcls and collcction ofthc
rcnts and profits ofthc rcal and pcrsonal, tangiblc and the intangiblc propcrty of
the party;
(3) award intcrcst on unpaid installmcnts;
(4) ordcr and dircctthc transfcr or salc of any propcrty rcquircd in ordcr to comply
with thc court's order;
(5) rcquirc sccurity to cnsurc futurc payments in compliancc with the court's
order;
(6) issuc attachmcnt procccdings, dircctcd to thc shcriff or other propcr officcr of
thc county, dirccting thatthc pcrson named as having failcd to comply with thc
court ordcr bc brought bcforc thc court, at such time thatthc court may dircct. If
the court finds, aftcr hcaring thatthc pcrson willfully failcd to comply with thc
court ordcr, it may decm thc person in civil contcmpt of court and, in it's
discrction, make an appropriatc ordcr, including, but not limited to, commitmcnt
ofthc pcrson to thc county jail for a pcriod not to cxcccd six months;
(7) award counsel fecs and costs;
(8) attach wagcs; or
(9) find the party in contcmpt.
18, In addition, paragraph 24 of the parties' Marital Settlcmcnt Agrccment providcs
as follows:
Each party shall, on dcmand, cxecutc and dclivcr to thc other any deeds, bills of
salc, assignmcnts, consents to changc bcncficiary dcsignations, tax returns, and other documents,
and shall do or cause to be done evcry othcr act or thing that may bc necessary or desirable to
cffcctuatc thc provisions and purposcs of this Agrcemcnt. If either party unrcasonably fails on
dcmand to comply with thcsc provisions, that party shall pay to thc other party all attomeys fces,
costs and othcr expenses actually incurrcd as a rcsult of such failure.
19, Finally, paragraph 14 ofthc panics' Marital Sclllemcnt Agreement provides as
follows:
If eithcr party hcrcto brcachcs any provision hereof, thc other party shall havc the
right, at his or her elcction, to sue for damages for such breach, or seek such other
rcmcdics or rclicf as may bc available to him or hcr. The non-breaching party
shall bc entitlcd to rccovcr from thc brcaching party all costs, cxpenses and legal
fecs actually incurrcd in thc cnforcement ofthc rights of the non-breaching party.
5
,
VERIFICATION
.
I. Sally E. Williamson. hcrcby swcar and affimlthatthc facts containcd inthc forcgoing
Pctition for Enforccmcnt of Marital Sclllcmcnt Agrecment Pursuant to 23 Pa.C,S.A. Scction
3502 (e) arc truc and corrcctto thc bcst of my knowledge, information and bclicfand arc madc
subjcctto thc pcnaltics of 18 Pa.C.S. ~4904 rclating to unswom falsification to authoritics.
. . ;)
C.! VI' .
;v-!f(pfC/C/ ,_ '--jl~.~(~
DATE WILLIAMSON
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
JOHN C. WILLIAMSON,
Plaintiff/Rcspondcnt
v.
)
)
)
)
)
)
)
NO. 97-694
SALL Y E, WILLIAMSON,
Dcfcndant/Petitioncr
CIVIL TERM
CIVIL ACTION - LA W IN DIVORCE
CERTIFICATF OF SERVICE
I, Cindy S, Con Icy, Esquirc, counscl for Sal/y E. Williamson, Dcfcndant/Pctitioner in the
above-captioncd action, hcrcby ccrtify that a truc and corrccl copy ofthc forcgoing Pctition for
Enforcement of Marital SClllcment Agrcement Pursuant to 23 Pa.C.S.A. Section 3502 (e) was
scrvcd upon Kcith O. Brcnncman, Esquire, Counsel for John C. Williamson,
Plaintiff/Rcspondcnt, by dcpositing samc in thc Unitcd States mail, first class, on Junc 16, 1999,
addrcsscd as follows:
Keith O. Brcnncman
44 West Main Strcet
P.O. Box 318
Mcchanicsburg, PA 17055
Date: /(1) L, /"19 fj
V
Cindy S. Conic squire
HOWETT, KI SINGER & MILES,
130 Walnut Strcct
P,O. Box 810
Harrisburg, P A 17108
Tclephone: (717) 234-2616
Counsel for Sal/y E. Williamson
.
~
"
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
SALLY E. WILLIAMSON
AND
JOHN C. WILLIAMSON
Cindy S, Conley, Esquire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street; P,O. Box 810
Harrisburg, P A 171 08
Telephone: (717) 234-2616
Counsel for Sally E. Williamson
Keith O. BrefUleman, Esquire
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055
Tclephone: (717) 697-8528
Counsel for John C. Williamson
EXHIBIT
I
flAil
MARITAl. SETTLEMENT AGREE:\IENT
THIS AGREEMENT is made this IS~I day of 11'!~11... , 1998, by and
between JOHN C. WILLlMISON, of Hawaii, and SALL Y E. WILLIAMSON, of Dauphin
County, Pennsylvania;
WITNESSETH:
WHEREAS, John C. Williamson (hereinafter referred to as "Husband") was born on
May 17, 1945,andpresentlyresidesat 46-050 Konane Place. '3712. Kaneohe, HI 96744
WHEREAS, Sally E. Williamson (hereinafter referred to as "Wife") was born on
October 20, 1946, and presently resides at 502 Highland A venuc, Middletown, Dauphin County,
Pennsylvania, 17057.
WHEREAS, the panies hercto are husband and wife, having been lawfully married on
July 21, 1968, in Middletown, Dauphin County, Pennsylvania;
WHEREAS, three children were born ofthc marriage between the parties all of whom
are emancipated;
WHEREAS, the panies hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the sellling of all matters between them relating to the ownership of real and personal property,
the support and maintenance of onc another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of these prcmises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration,
1
the reccipt and sufficiency of which is hcrcby acknowlcdged by each ofthc pmies hereto,
Husband and Wife, each intending to be legally bound hereby, covcnant and agrce as follows:
\. ADVICE OF COUNSEl.. The provisions of this Agrecment and their
legal effect have been fully explained to the partics by their rcspcctive counsel, Keith O.
Brenneman, Esquirc, for Husband, and Cindy S. Conlcy, Esquirc, for Wifc. Each party
acknowledgcs that hc or shc has received indcpcndcntlegal advice from counscl of his or her
selection, and that each fully understands thc facts and has bccn fully infom1ed as to his or her
legal rights and obligations, and each party acknowlcdges and accepts that this Agreement is, in
the circumstances, fair and equitable, and that it is being cntered into freely and voluntarily, after
having received such advice and with such knowledge, and that the execution of this Agreement
is not the result of any duress or undue influencc, and that it is not the result of any improper or
illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has
been fully adviscd by his or her respective attomey of thc impact of the Pennsylvania Divorce
Code, whereby the court has the right and duty to detem1ine all marital rights of the parties
including divorce, alimony, alimony pendente lite, equitablc distribution of all marital property
or property owned or posscssed individually by the other, counsel fees and costs of litigation and,
fully knowing the same and being fully advised of his or her rights thereunder, each party hereto
still desires to execute this Agreement, acknowledging that the tem1S and conditions set forth
herein are fair, just and equitable to each of the parties, and waives his and her respective right to
have the Court of Common Pleas of Cumberland County, or any other court of competent
jurisdiction, makc any detem1ination or order affecting the respective parties' rights to alimony,
alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of
litigation.
2
2, DISCLOSURE OF ASSETS, Each Oflhc parties hereto acknowledges
that he or she is awarc of his or hcr right to seek discovcry, including but not limited to, wrillen
interrogatorics, motions for production of documcnts, the taking of oral depositions, the filing of
inventories, and all other means of discovery pell11illed under the Pcnnsylvania Divorce Code or
the Pennsylvania Rules of Civil Procedurc. Each of the parties further acknowledges that he or
she has discusscd with counsel the concept of marital property under Pennsylvania law and each
is aware of his or her right to have the real and/or personal property, estate and assets, earnings
and income of the other assessed or evaluated by thc courts of this commonwealth or any other
court of competent jurisdiction. The parties do hcreby acknowledge that there has been full and
fair disclosure to thc othcr of his or her respcctivc income, assets and liabilities, whether such are
held jointly or in the name of one pany alone. Each pany agrecs that any right to further
disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically
waived, and the parties do not wish to make or append hereto any further enumeration or
statement. The panies hereby acknowledge and agree that the division of assets as set forth in
this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the panies
hereto further covenants and agrees for himself and herself and his or her heirs, executors,
administrators or assigns, that he or she will never at any time hereafter sue the other party or his
or hcr heirs, executors, administrators or assigns in any action of contention, direct or indirect,
and allege therein that there was a denial of any rights to full disclosure, or that there was any
fraud, duress, undue influence or that there was a failure to have available full, proper and
independent representation by legal counsel.
3
J, PERSON.-\L RIGHTS. Husband and Wife may, at all times hereafter,
live separate and apart. Each shall be frec from all control, restraint, interference and authority,
direct or indirect, by thc other. Each may rcside at such place or placcs as he or she may select.
Each may, for his or hcr separate use or bcncfit, conduct, carry on or engage in any business,
occupation, profession or employment which to him or her may seem advisable. Husband and
Wife shall not molest, harass, disturb or malign each other or thc respective families of each
other, nor compel or allcmptto compel the o:her to cohabit or dwell by any means or in any
manner whatsoever with him or her. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter acquired by the other,
4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on
February II, 1997, Husband initiated a divorce action under the no-fault provisions of the
Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 97-694. It is
the intention of the partics, and the parties agree, that by this Agreement they have resolved all
ancillary economic issues related to their divorce and thus this or any other divorce action with
respect to these parties shall be limited to a claim for divorce only. The parties agree that
simultaneously with the execution of this Agrcement, each will sign an Affidavit of Consent to
divorce and Waiver of Notice oflntention to Request Entry of Divorce Decree and deliver same
to counsel for Husband, who shall promptly submit said affidavits and waivers to the court along
with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents
necessary to precipitate the prompt entry of a divorce decree.
4
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i
;
5.
EQUITABLE DISTRIBUTION.
(a) Marital Residence. The panies acknowlcdge that subsequent to
their separation they sold thcir marital residence and divided the procceds of sale to their mutual
satisfaction,
(b) Furnishlnes and Personally. Thc parties agree that they have
divided by agreement betweenthcmsclves all of their fumishings and personalty, including all
furniture, fumishings, antiques, jewelry, rugs, carpcts, household appliances and equipment.
Any personalty or furnishings remaining in Wlfe's current residcnce as of the execution date of
this Agreement shall be and remain Wife's sole and separate property, free of any and all right,
title, claim or interest of Husband. Any personalty or furnishings now located in Husband's
current residence as of the execution date of this Agreement shall be and rcmain Husband's sole
and separate property, frec of any and all right, title, claim or interest of Wife.
(c) Motor Vehicles.
(1) Husband agrees that Wife shall retain possession of and
receive as her sole and separate propeny the 1994 Pontiac Grand Am automobile currently titled
in joint names, along with all rights under any insurance policies thereon and with all
responsibility for payment of any outstanding indebtedness pertaining thereto and insurance
thereon, free of any and all right, title, claim or interest of Husband. Husband shall, at Wife's
request execute all documents, including the title, to transfer his interest in said vehicle to Wife.
(2) Wifc agrees that Husband shall retain possession of and
receive as his sole and separate property any vchicles currently titled in his name. along with all
rights under any insurance policies thereon and with responsibility for payment of any
5
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outstanding indebtcdness pcrtaining thereto and insurancc thcrcon, frce of any and all right, title,
claim or intcrest of Wi fe.
(d) Life Insuranee. Wife and Husband each hercby specifically
releases and waivcs any and all right, titlc, claim or intcrcst that he or shc may have in and to any
and all policies of insurance insuring thc lifc of or owncd by thc othcr including cash surrender
value, if any, and also specifically to includc a waiver of any bcncficiary designation thereunder.
(e) Pension and Retirement Benefits, Except as providcd below,
Wife and Husband each hercby specifically releases and waives any and all right, title, claim or
interest that he or she may have in and to any and all rctircment benefits (including but not
limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans,
employee savings and thrift plans, stock options, individual retirement accounts or other similar
benefits) of the other party, specifically to include a waiver of any spousal annuity benefits
and/or beneficiary designations thereunder. The partics agrce thatthcy shall execute any
documcnts pursuant to the Retirement Equity Act or any similar act that may be required from
time to time to accomplish thc purposes of this subparagraph. Notwithstanding the above the
partics agree that Husband's Kodak Vested Right Benefit Retirement Plan and his Eastman
Kodak Employee Savings and Investment Plan shall be distributed between the parties as
follows:
(I) Eastman Kodak EmDlovee Savines and Investment Plan
The panies acknowledge that as of December 31, 1995, the balance
of Husband's Eastman Kodak Employcc Savings and Investment Plan was Eighteen Thousand
Three Hundred Twenty-Six Dollars and Seventy Cents ($18,326.70) with total outstanding loans
against said account of Ninc Thousand Two Hundred Eighty Dollars and Eighteen Cents
6
(59,280,18). Accordingly, the parties agree thatlhe nct equity value of this plan as of December
31, 1995 is Nine Thousand Fony-Six Dollars and Fifty-Two Cents (59,046.52). The parties
agrec that Husband shall transfer to Wife fifty-fivc pcrccnt (55%) of the Ninc Thousand Forty-
Six Dollars and Fifty- Two Cents (59,046.52) plus any growth that has occurred on that amount
since December 31, 1995 through the datc oftransfcrlO Wife, pursuant to a Qualified Domestic
Relations Order to be prepared by counsel for Wife. Husband shall cooperate in insuring that
said Qualified Domestic Relations Order is approved by the plan administrator.
(2) Husband's Eastman Kodak Vested Rll!ht Benefit
The parties also acknowledge that Husband is entitled to a vested
right retirement benefitlhrough his Eastman Kodak Vested Right Benefit. Husband agrees that
he shall, as soon as he is ablc to, chose the option "B" paymcnt option which will direct a one
time cash payment of the retirement benefit. The panies acknowledge that as of November 30,
1995, the estimated one-time payment was Ninety-Six Thousand, Four Hundred Eighty-Nine
Dollars (596,489.00). The parties agree that Husband shall transfer 10 Wife pursuant to a
Qualified Domestic Relations Order fifty-five pcrcent (55%) of the one-time payment of Ninety-
Six Thousand, Four Hundred Eighty-Nine Dollars ($96,489.00) plus the growth that has accrued
on that portion of the plan since November 30, 1995 through the date of transfer to Wife pursuant
to a Qualified Domestic Relations Order to be prepared by counsel for Wife. Husband shall
cooperate in insuring that said Qualified Domestic Relations Order is approved by the plan
administrator.
Until such time as Wife's interests in both plans are transferred to
her pursuant to Qualificd Domestic Relations Orders, Husband will maintain Wife as the primary
beneficiary of said plans to the extcnt of her interest pursuant to this agreement.
7
(I) Cash Aceounls. Stocks and Investments,
(I) Wifc agrecs that Husband shall retain as his sole and
separate property, frce from any and all right, title, claim or interest of Wife, any and all stocks,
bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts,
or any other assets of a similar nature which now arc titled in Husband's name alone.
(2) Husband agrees that Wife shall retain as her sole and
separate property, free from any and all right, title, claim or interest of Husband, any and all
stocks, bonds, investmcnts, sums of cash in savings or chccking accounts, mutual funds, stock
accounts, or any other assets of a similar nature which now arc titled in Wife's name alone.
(g) Miscellaneous Prooertv, As of the exccution date of this
Agreement, any and all propeny not spccifically addressed herein shall 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 cvidence thc transfer of any and all rights in such property
from each to the other.
(b) Prooertv to Wife, The parties agree that Wife shall own, possess,
and enjoy, free from any claim of Husband, the property awardcd to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from
Husband to Wifc.
(i) Prooertv to Husband. The parties agree that Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the termS of this
8
Agrecment, Wife hercby quitclaims, assigns and conveys to Husband all such property, and
waives and relinquishes any and all rights thcrcto, togethcr with any insurance policies covering
that property, and any escrow accounts relating to that property, This Agreemcnt shall constitute
a sufficient bill of sale to evidence thc transfer of any and all rights in such property from Wife to
Husband.
0> AssumDtlon ofEncumbranees.
(1) Commcncing on the exccution date ofthis Agreement,
Husband shall be solely responsible for any and all liabilities in his name alone, specifically to
include any obligations to issuers of credit cards in his name alone.
(2) Commencing on the execution date of this agreement, Wife
shall be solely rcsponsible for any and all liabilities in her name alonc, specifically to include any
obligations to issuers of credit cards in her name alone.
(3) Unless otherwise provided herein, each party hereby assumes
the debts, encumbrances, taxes and liens on all the property each wi\1 hold subsequent to the
effectivc date of this Agreement. Each party agrees to indcmnify and hold harmless the other
party and his or her property from any claim or liability that the other party wi\1 suffer or may be
required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this
Agreement.
(k) Liabllitv Not Listed, Each party represents and warrants to the
other that he or she has not incurred any dcbt, obligation or other liability, other than those
describcd in this Agreement, on which thc other party is or may be liable. A liability not
disclosed in this Agreement will be the sole responsibility of the party who has incurred or may
hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify
9
and hold the other party and his or her property harmlcss from any and all such debts, obligations
and liabilitics,
(I) Indemnineatfon of Wife, If any claim, action or proceeding is
hereafter initiated sceking to hold Wife liable for thc debts or obligations assumed by Husband
undcr this Agreement, Husband will, at his sole expense, defend Wife against any such claim,
action or procecding, whethcr or not well-founded, and indemnify her and her property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and actual
allomey's fees incurred by Wife in conncction therewith.
(m) Indemnincation of Husband. Ifany claim, action or proceeding
is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife
under this Agreement, Wife will, at her sole expcnse, defend Husband against any such claim,
action or proceeding, whether or not well. founded, and indemnify him and his property against
any damages or loss resulting thercfrom, including, but not limited to, costs of court and actual
allomcy's fees incurred by Husband in connection thcrewith.
(0) Warruntv as to Future Oblil!ations. Husband and Wife each
rcpresents and warrants to the other that he or she will not at any time in the future incur or
contract any debt, charge or liability for which the other, the other's legal representatives,
property or estate may be responsible. From the date of execution of this Agreement, each party
shall use only those credit cards and accounts for which that party is individually liable and the
parties agree to cooperate in closing any remaining accounts which provide for joint liability.
Each party hereby agrees to indemnify, save and hold thc other and his or her property harmless
from any liability, loss, cost or expense whatsoever, including allomeys fees, incurred in the
event of breach hereof.
10
6. SPOUSAl. SUPPORT AND ALIMONY. The parties acknowledge that
currently Husband is paying to Wife as spousal support through the Domestic Relations Office of
the Court of Common Pleas of Cumberland County, Pennsylvania docketed to No. 1207-S-1996,
the sum of One Thousand One Hundred Ninety-One Dollars and Sixty-Seven Cents ($ 1,191,67)
per month plus forty perccnt (40%) of any commissions and/or bonus payments he receives as a
pan of employment with his employer after applicable taxes are withhcld from his earnings. The
parties agree that upon entry ofa divorce decrce, said spousal support order shall terminate.
However, any and all arrears due and owing on the date of termination shall continue to be paid
by Husband until said arrears are paid in full. Effective the date a divorce decree is entered,
Husband shall pay to Wife through the Domestic Rclations Office of the Court of Common Pleas
of Cumberland County as alimony the sum of Seven Hundred Fifty Dollars ($750.00) per month
with each payment being due by the 15m of each and every month, for a period orthirty-six (36)
months. Said payments shall terminate upon Husband's death, Wife's death, Wife's cohabitation
or remanriagc. In addition, said payments shall be subject to modification only if Husband
involuntarily loses his employment. Said payments shall be deductible from Husband's income
and includable in Wife's income for Fedcral incomc tax purposes. The parties release and waive
any rights they may have to seek modification of the terms of this paragraph in a court ofIaw or
equity, it being understood thatthc foregoing constitutes a final determination for all time of
either party's obligation to contribute to thc support and maintenance of the other. Moreover,
simultaneously with the execution of this agreement, Husband shall provide to Wife documents
evidencing all bonuses and commissions earned by him for the period December 10, 1996
through the date of execution of this Agreement so that the arrearages owed on the spousal
support order at the date of it's termination can be correctly calculated.
11
7, COUNSEL FEES. COSTS AND EXPENSES. Each party shall be
solely responsible for his or hcr own legal fees, costs and expcnscs incurred in connection with
their separation and/or thc dissolution of their marriagc, and thc prcparation and execution of this
Agreement.
8, WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agrecment, as of thc execution datc of this Agreement, Husband and Wife each
waives all rights of inheritance in thc cst ate ofthc other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said pany has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall bc construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania
Divorce Code.
9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
bcneficiary rights and any and all rights as a sUlVi ving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final pay checks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreement. Ifand in the
12
cventthe other party continues to be named as bencficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party.
10, RELEASE OF CLAIMS.
(a) Wife and Husband aeknowledgc and agree that the property
dispositions provided for herein constitute an equitable distribution ofthcir assets and liabilities
pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the partics hereby specifically waives,
releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she
may have in property transferred to the othcr party pursuant to this Agreement or identified in
this Agreement as belonging to the other party, and each party agrecs never to assert any claim to
said property or proceeds in the future. However, neither party is released or discharged from
any obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. Husband and Wifc shall hereafter own and enjoy independently of any claim or
right of the other, all items of personal property, tangible or intangible, acquired by him or her
from the exccution date of this Agreement with full power in him or her to dispose of the same
fully and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the othcr and the estate of the other for all purposes from any and all rights
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimony pendentc lite, alimony, equitable distribution, counsel
fecs, costs, expenses, and any other right or obligation, economic or otherwise, whether arising
out of the marital relationship or otherwise, including all rights and benefits under the
13
Pennsylvania Divorcc Code of 1980, its supplcmcnts and amendmcnts, as well as under any
other law of any other jurisdiction, exccpt and only exccpt all rights and obligations arising under
this Agrcement or for the breach of any of its provisions. Ncithcr pany shall have any obligation
to the other not expressly set forth herein.
(c) Except as sct forth in this Agrcement, each party hereby absolutely
and unconditionally releases and forcver dischargcs thc other and his or hcr hcirs, exccutors,
administrators, assigns, propeny and estatc from any and all rights, claims, demands or
obligations arising out of or by virtue of thc marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the other or
by way of dower, curtesy, widow's or widower's rights, family excmption or similar allowance,
or under the intestate laws or the right to take against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all othcr rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws ofPefUlsylvania, any
state, commonwealth or territory ofthc United States, or any other country.
(d) Except for the obligations of the parties contained in this
Agreement and such rights as are expressly reserved hcrein, each party gives to the other by the
execution of this Agreement an absolutc and unconditional release and discharge from all causes
of action, claims, rights or demands whatsocver in law or in equity, which either party ever had
or now has against the other.
11. PRESERVATION OF RECORDS. Each party will keep and preserve
for a period of four (4) years from the date of their divorce decree all financial records relating to
14
--
and to Wife, ifmade or addressed 10 the following;
Sally E, Williamson
502 Highland Avenue
Middletown, PA 17057
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph,
17. APPLICABLE LAW, All acts Contemplated by this Agreement shall be
construed and enforced under the SUbstantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of
execution of this Agrcement.
18. DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be defincd as thc date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
19, EFFECTIVE DATE. This Agreement shall become effective and
binding upon both parties on the cxecution date.
20. EFFECT OF RECONCILIATION. COHABITATION OR
DIVORCE, This Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband and wife or allemptto effect a
reconciliation. This Agreement also shall continue in full force and effect in the event of the
parties'divorce. There shall be no modification or waiver of any of the terms hereof unless the
16
parties in writing executc a statement declaring this Agreement or any term of this Agreement to
be null and void.
21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitutc a pan of this Agreement nor shall they affect its meaning,
construction or effect.
22, AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
23. ENTIRE AGREEMENT, Each party acknowledges that hc or she has
carefully read this Agreement, including any and all exhibits, or other documents to which it
refers, such other documents being incorporated herein by rcference; that he or she has discussed
its provisions with an attorney of his or her own choice, and has executed it voluntarily and in
reliance upon his or her own attomey; and that this instrument expresses the entire agreement
between the parties conceming thc subjects it purports to cover and supcrsedes any and all prior
agreements between the parties. This Agrccment should be interpreted fairly and simply, and not
strictly for or against either of the parties.
24. MUTUAL COOPERATION, Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary
designations, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either pany unreasonably fails on demand to comply with these provisions, that
17
(b) Alternate Pa\'ee Infonnation:
Name: Sally E. Williamson
Last known mailing address:
502 Highland Avenue
Middletown. PA 17057
Relationship to panicipant: Ex- Wi fe
Social Security :-\umber: 210.010.2249
Date of binh: October :10. 19016
Alternate Payee's Attorney:
Cindy S. Conley, Esquire
HOWETT. KISSr.\GER & :o.IILES, P.C.
130 Walnut Street
P.O. Box 810
Hanisburg. PAl 7108
(c) Narne ofRelirement Plans:
I. Kodak Retirement Incorne Plan (KRIP)
2. Eastman Kodak Employees' Sa\'ings & Investment Plan (SIP)
(d) Plan Administrators:
KRIP: Kodak Retirement Income Plan Committee
SIP: Sa\'ings & Investment Plan Committee
c/o Director, Benefits
343 State Street
Rochester, i\Y 101650.1112
4. The coun finds that it is intended for this order to qualify as a Qualified Domestic
Relations Order under the Retirement Equity Act of 1984 and the provisions hereof shall be
administered and interpreted in confonnity wilh such act; that the attorneys for the participant
and alternate payee. if any, are designated as their representatives for purposes of receiving
copies of any plan notices that they are sent to the panicipant and alternate payee with respect to
this order, and that this coun retains jurisdiction to amend this order for purposes of establishing
2
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I,
lml COMPENSATION PLANNING CORPORAnON
I
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...
November 2~. 1998
QDRO Department
5348 Canadice Hill Road
Hemlock, New York 14466
Phone (716) 367.9495
Fax(716) 367.9496
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Cindy S. Conley. Esq.
130 Walnut Street
P. O. Box 810
Harrisburg. P A 171 08
SUBJECT:
John C. Williamson vs. Sally E. Williamson
Qualified Domestic Relations Order (QDRO)
We have been engaged by Kodak 10 process QDRO's on Kodak Plans.
On the basis of currently available information. it has been determined lhat the above-referenced Order is a
"Qualified Domestic Relations Order" as that tenn is defined in Section ~ I ~(p) of the Internal R.cvcnue
Code and in Section 206(d)(3) of the Employee Retirement Income Security Act of 197~.
The Plan(s) will comply with such an Order so long as it continues to be an effective Qualified Domestic
Relations Order. Note that if the Plans arc changed. it may be necessary 10 amend the Order.
The Order specifies the following payments:
Kodak Rctlrcmeat IDcome Plan (KRIP): A lump sum cash payment for KRIP benefits
accrued prior 10 January I. 1996 and a monthly cash paymenl for as long as the Alternate
Payee lives for KRIP benefits accrued after January I, 1996 will be poid to the Alternate
Payee as soon as administratively feasible al the time the Plan Participanl reaches pay status.
Eulman Kodak Employccs' Savings and IDvcstmeDt PlIII (SIP): A lump sum cash
payment will be paid to the A1lernate Payee as soon as administratively feasible after the
accepIaIICC of this order.
s~w,~
Dale W. Munroe
DWM:csm
cc: John C. Williamson. Plan Participant
Sally E. Williamson. A1ternale Payee
EXHIBIT
Emolovee Benefit Consultants. Comor:ue Offices. Roche~ler. New York
208 Weslfall Road. 14620-4679 (716) 271.3540 Fax (716)442.9516
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LA'" OlFlel! Of
HOWETT, KISSINGER & MILES, RC.
I JO W ALSt.:T STREET
POST OffiCE BOX 510
HARRISBl'aO. P[SSSlLVASIA I j Ica
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JOHN C. HOWETT.JR.
DONALD T. KISSINGER
PATRICIA A. MILES
CINDY S. CONLEY
tjli) Z).t.:616
January 18, 1999
FAX IjljI1).4.5.4\)1
DEBRA M. SHIMP.
Lr,al Auhunl
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE
44 West Main Street
Mechanicsburg, P A 17055
Re: Williamson v. Williamson
Dear Mr. Brenneman:
Please advise of the status of the information requested in the Williamson case. My
client is gelling extrernely anxious to bring this matter to conclusion as am I. My client
understands that your client has obtained other employment and thus, the issue of the 40I(k) plan
roll-over should be ready for resolution. Likewise, I don't understand the delay in the bonus
information I requested. Please advise your client that ifI have not received the necessary
infonnation for the roll-over to occur as well as the necessary information in regard to the bonus
situation within ten (10) days of the date of this letter, that I will have no choice but to ask for
coun intervention. Hopefully that will not be necessary.
Very truly yours,
CSC/tjn
cc: Sally E. Williamson
EXHIBIT
J
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717 697 76Bl
SNELBAKER, BRENNEMAN & SPARE, P.C.
., J'fIlr"':niOllJI C"lItpur,lhlOlI
Attomt> ~ ill bw
1'0 Rox31~
44 W. :'01.", ~lrttl
M,'chlnicsburll PA 170H
(717)6Y7.HS28
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Richard C. Snclbak~r
Ktith O. Br~nnc:man
Philip n. Spnr\:
fax No. (717)697-76111
FACSIMILE COVER LETTER
DA TF.:
MIIY I, 1999
TO: Cindy COllley. F.squir~ 234-5402
FROM:
Keilh o. BrC:DDcllIan
Number of PlIgc~ including cover Irlh:r: 1
H.nJ ~l/py 10 rOllu..: "'0
COMMENTS: Williamson
Cindy:
J rc~l:iv~d your ld~pholl~ IIIcssalle COIICl!rnillllthc' liIing of II pelition. r can only
r~purllhat J forwarded your tar/ier corn:spond~nc~ In Cmil!(. r th~n rtcrived II phllne
message Just week lrul\l it lJoMu Hess of Xrr(l" COII~trning l'mig indicaling thai she:
wlluld call m~ allain. As Ill' this date. she has nlll. Sh~ did JIllI J~ave: a l1umlh..... r will
Contact Craig and find oul what is Il.1ppening.
Krith
MAY-01-1999 11:15
71? 697 7681
EXHIBIT
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LAW OFFICeS
SNELDAKER.
BRENNEMAN
a SPARe
JOHN C. WILLIAMSON,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-694 CIVIL TERM
SALLY E. WILLIAMSON,
Defendant/Petitioner
CIVIL ACTION - LAW
IN DIVORCE
ANSWER TO PETITION FOR ENFORCEMENT
OF MARITAL SETTLEMENT AGREEMENT
John C. Williamson, by his attorneys, Snelbaker, Brenneman
& Spare, P. C. submits this Answer to Petition For Enforcement
of Marital Settlement Agreement as follows:
l. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
1l. Admitted,
12. Admitted,
13. Admitted.
14. Admitted,
15. Admitted,
~
WHEREFORE, Respondent requests this Court to permit payment
of Petitioner's share and interest in the SIP in one lump-sum
payment and payment of Petitioner's counsel fees without a
finding of contempt or order of sanction from this Court.
Respectfully Submitted,
& SPARE, P. C.
By:
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Respondent
John C. Williamson
,...
Date: .J~ 16, "",
L^W Oi'FlCUi
SNEl[MKER.
BRENNeMAN
8: 5PAR(
-3-
:'.
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have,
on the below date, caused a true and correct copy of the
foregoing Answer to Petition to be served upon the person and in
the manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
cindy S. Conley, Esquire
Howett, Kissinger & Miles, P. C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 West Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Respondent
John C. Williamson
Date: -O'i 17. 1m
J
.
I
,
JOHN C. WILLIAMSON, :
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
SALLY E.
WILLIAMSON,
Defendant
NO. 97-694 CIVIL TERM
ORDER OF COURT
AND NOW, this -;, ,.J.day of August, upon consideration of the allached leller
from Cindy S. Conley, Esq., attorney for Defendant, the hearing previously scheduled in
this mailer for August 4, 1999, is continued generally.
COUNSEL are directed to nolify the court when they desire a hearing in this
matter.
BY THE COURT,
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Jf esley Oler, J :~ "'.
Keilh O. Brenneman, Esq.
44 West Main Street
Mechanicsburg, P A 17055
Attorncy for Plaintiff
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Cindy S. Conley, Esq.
130 Walnut Strect
P.O. Box 810
Harrisburg, P A 17108
Allorncy for Defcndant
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