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HomeMy WebLinkAbout01-5912BARBARA J. WILLIAMSON, Plaintiff DERRICK P. WILLIAMSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff.. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULME~ IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le hah deman~dado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escfita o en persona o pot abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notiticacion y pot cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sos propiedades o otros derechos imponanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 BARBARA J. WILLIAMSON, Plaintiff DERRICK P. WILLIAMSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above PlaintS, Barbara J. Williamson, by her attorney, Cara A. Boyanowski, Esquire, and seeks to obtain a decree in divorce bom the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Barbara J. Williamson, is an adult individual who resides at 12 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Derrick P. Wilhamson, is an adult individual who resides at 1603 Stamford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plalntiffand Defendant are suijuris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the 6ling of this Complaint. 4. The Plaintiff and Defendant were married on September 21, 1985, in Ellicott City, Howard County, Maryland. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. The causes of action and sections of Divorce Code under which Plaintiffis proceeding Section 3301(c). The marriage of the parties is kretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiffbelieves that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiffand Defendant separated on January 26, 2001. 7. There have been no prior actions in divorce between the parties. 8. Plaintiffavers that there are three children of the parties under the age of 18, namely: A. Kaitlin Willlamson, bom July 30, 1992; B. Emily Willianlson, bom AUGUST 20, 1996; and C. Daniel W'flllamson, bom March 16, 1998. 9. Plaintiffhas been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 10. The parties may enter into a written agreement with regard to support, custody, visitation of children, alimony and property division. In the event that such an agreement is executed by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. I verify that the statements made in this Complaint arc tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to un~s~vom falsification to authorities. Barbara J. Willian{son, Plaintiff A. B yanowski, uire Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plain~iff BARBARA J. WILLIAMSON, Plaintiff DERRICK P. WILLIAMSON, Defendant : IN ~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-5912 CIVIL : : IN DIVORCE AFFIDAVIT OF CONSENT 11,2001. 2. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on October The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: December 9, 2002 By: Barbara J. Willia(mson, Plaintiff BARBARA J. WILLIAMSON, Plaintiff · DERRICK P. WILLIAMSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-5912 CIVIL : : IN DIVORCE AFFIDAVIT OF CONSENT 11,2001. 2. A Complaint in Divorce under §330 l(c) of the Divorce Code was filed on October The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce at~er service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C..S.A. §4904 relating to unsworn falsification to authorities. Date: December 9, 2002 By: D~k P Wil=liamson, Defendant Social SecuritySo. c>% I~ '~ ~ ~ BARBARA J. WILLIAMSON, Plaintiff Ye DERRICK P. WILLIAMSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-5912 CT¥IL : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORC~ CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a diw>rce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dme: December 9, 2002 By: Barbara J. Will{amson, Plaintiff BARBARA J. WILLIAMSON, Plaintiff DERRICK P. WILLIAMSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-5912 C. IVIL : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a diw>rce decree is entered by the Court and that a copy of the decree will be sent to me immediately atter it is filed with the Prothonotary. I verify that the statements made in this affidavit are true ,md correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. {}4904 relating to unsworn falsification to authorities. Dme: December 9~ 2002 By: BARBARA J. WILLIAMSON, Plaintiff DERRICK P. WILLIAMSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-5912 CIVIL : IN DIVORCE ACKNOWLEDGMENT OF SERVICE I, Derrick P. Williamson, Defendant in the above captioned divorce action, hereby acknowledge that I was personally served with a copy of the Complaint in Divorce concerning the above-referenced matter on October .//_~--) , 2001. I also acknowledge that said copy of the complaint was duly endorsed with notice to me (Defendant) to appear and answer within twenty (20) days from the date of service or the matter would proceed without me. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. ~rrick P. Williamson, Defendant BARBARA J. WILLIAMSON, Plaintiff DERRICK P. WILLIAMSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-5912 CIVIL : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A copy of the Divorce Complaint was personally served upon Defendant on October 16, 2001. Defendant signed an Acknowledgment of Service regarding same, dated Octc,ber 16, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit ofconsem required by §3301(c) of the Divorce Code: by Plaintiff: December 9, 2002; by Det~ndant: December 9, 2002. (b)(1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A. 4. Related claims pending: None. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; a copy of which is attached: N/A. (b) Date Plaimit~s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 11, 2002. Date Defendant's Waiver of Notice in §330t(c) Divorce was filed with the Prothonotary: December 11, 2002. Respectfully submitted, DALEY LAW OFFICES Supreme Court I.D. No. 68736 1029 Scenery Drive Harrisburg:, PA 17109 (717) 657~795 Attorney for Plaintiff AGREEMENT BETWEEN BARBARA J. WILLIAMSON AND DERRICK P. WILLIAMSON Cara A. Boyanowski, Esquire Counsel for Wife Derrick P. Williamson, Husband Pro Se TABLE OF CONTENTS SECTION I: Introduction SECTION II: General Provisions SECTION HI: Child Custody, Child Support and Expenses, Health Insurance Provisions, Income Tax Deductions, and College Expenses SECTION IV: Property Distribution Provisions SECTION V: Closing Provisions and Execution 10 13 18 SECTION I INTRODUCTION THIS AGREEMENT made this _~..F~. day of [O(3\]~lhq~e_Af, 2002, by and between BARBARA J. WILLIAMSON ("Wife") and DERRICK P. WILLIAMSON ("Husband"). WITNESSETH: WHEREAS, Barbara J. Williamson, Social Security Number 495-74-2477, was bom on May 20, 1964, and curremly resides at 12 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania 17013. WHEREAS, Derrick P. Williamson, Social Security Number 212-82-8945, was bom on August 27, 1964, and currently resides at 606 Georgetown goad, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREAS, the parties hereto are Husband and Wife, having been married on September 21, 1985, in Clarksville, Howard County, Maryland. WHEREAS, the parties are the parems of three minor children, namely, Kaitlin J. Williamson, bom July 30, 1992, Emily M. Williamson, born August 20, 1996, and Daniel C. Williamson, bom March 16, 1998. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property fights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and furore support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION H GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Cara A. Boyanowski, Esquire. Husband acknowledges that he has the right to legal counsel, but after acknowledgment of same has decided to sign this Agreement without the advice or assistance ofalawyer. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, aider having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state mx returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shah be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereat~er, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may 5 seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for aH purposes from any and aH rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including aH rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereat~er arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption 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 other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) ,.gears from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and sb. all not be limited to those remedies specifically referred to in this Agreement. 7 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This Agreement constitutes the emire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTltER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. NO WAIVER OF DEFAULT This Agreemem shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either ptmty to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedenll, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Barbara J. Williamson, 12 Teaberry Drive, Carlisle, Pennsylvania 17013, or counsel for Barbara J. Williamson, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Derrick P. Williamson, 606 Georgetown Road, Mechanicsburg, Pennsylvania 17050, or counsel for Derrick P. Williamson, or such other address as Husband from time to time may designate in writing. 20. 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 constitute a part of this Agreement nor shah they affect its meaning, construction or effect. 21. EFFECT OF RECONCIIJATION OR RECONCILIATION ATTEMPT This Agreement shah remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt a reconciliation. This Agreement shah continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 9 SECTION m SUPPORT, HEALTH INSURANCE, COLLEGE EXPENSES, ALIMONY, AND INCOME TAX PROVISIONS 1. LEGAL CUSTODY The parties agree that legal custody of their children, Kaitlin J. Williamson, born July 30, 1992, Emily M. Williamson, born August 20, 1996, and Daniel C. Williamson, born March 16, 1998, shall be shared equally between them. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions affecting the children's health, education, and religion. Pursuant to the terms of this paragraph, each parent :shall be entitled to aH records and information pertaining to the children, including, but not limited to, school and medical records and information. 2. PHYSICAL CUSTODY A. Primary_ Physical Custody - The parties agree that Wife shall have primary physical custody of the parties' minor children, Kaitlin J. Williamson, Emily M. Williarnson, and Daniel C. W'flliamson. B. Partial Physical Custody - Husband shall have liberal periods of partial physical custody of the parties' minor children, Kaitlin J. Williamson, Emily M. Williamson, and Daniel C. Williamson, to include, alternating weekends, from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and at least one weekday, at the discretion of the parties. The parties further agree to equally share all major and minor holidays, summer vacation months, and birthdays. The specifics of these schedules shall be at the discretion of the parties. 3. SUPPORT/ALIMONY FORMULA The parties acknowledge that the Pennsylvania Rules of Civil Procedure provide guidelines for the payment of child support, however, the parties have agreed to an arrangement for child support independent of these guidelines. The parties acknowledge that the provisions for child 10 support under these rules may be very different than the arrangements made herein and that the payments provided for in the Agreement are purely contractual in nature. Irrespective of the above, the parties agree to establish a contractual formula for purposes of calculating child support and alimony in this matter. A_s agreed, this formula shall have two components and these are as follows: A. Fixed Component. Husband shall pay to Wife the sum of Six Thousand Dollars per month as child support and alimony. One Thousand Five Hundred ($1,500.00) Dollars of this component of support shall be allocated as alimony, with the remainder deemed as child support. The alimony allocation shall be totally deductible by Husband and includable as income by Wife for Federal tax purposes. This fixed sum shall be non-modifiable in amount and modified only in accordance with Paragraph Five of this Section. B. Variable Child Support Component. In addition to the fixed montMy component set forth above, Husband shall pay additional support to Wife, upon his achieving annual gross income in excess of $200,000.00. This additional child support shall be calculated as follows: Determine Husband's annual gross income from his employment at McNees Wallace & Nurick; B. Subtract from Husband's annual gross income the amount of $200,000.00; C. Multiply this sum by forty percent (40%); and Dividing the resulting sum by 12 to determine the additional montMy support payment due Wife. Wife. In accordance with the above formula, Husband shall furnish a copy of his K-1 to Twenty-five (25%) percent of the sums due pursuant to the variable rate calculation shall be deemed alimony and the remainder shall be deemed child :support and shall not be deductible by Husband or includable as income by Wife for tax purposes. C. Additional Support Requirements. Under this agreement, Wife agrees to assume full responsibility for all day care/child care expenses and pre-school tuition expenses for the children. 11 4. TERMINATION OF APPLICATION OF THE FORMULA The above contractual formula shall be applicable and in effect until the. parties' youngest child, Daniel C. Williamson, reaches the age of eighteen (18) and graduates from high school. Thereafter child support shall cease and Wife's right to alimony shall cease. 5. MODIFICATION OF SUPPORT The above formula is contractual. It shall be non-modifiable except upon Husband's death or Wife's death. It is expressly acknowledged by the parties that the following circumstances will NOT be grounds for a termination or modification of the contractual obligations under this Agreement: 1. Any change in the custodial arrangement as set forth in this Agreement; Any decrease of increase, except as specified abo've, in Husband's income or Wife's income; or 3. Any statutory change in tax or support guideline calculations. 6. HEALTH INSURANCE Husband shall provide health, dental, and vision insurance for the parties' children, at the present levels and providing substantially the same benefits as are now in effect, for so long as the children are eligible to receive coverage under his present plans. In the event Husband's coverage should lapse, or the children are no longer eligible to receive coverage under Husband's plan, the parties agree to cooperate in providing health insurance for the children in the most advantageous manner possible. The parties further agree that all out of pocket medical expenses for the children, i.e., orthodontia, dentist, prescription, doctor's visits, etc., shall be split equally between the parties. 7. COI,LEGE EXPENSES Husband agrees to financially support the children in the event they desire to enroll in a curriculum of higher education. After the parties have taken full advantage of all studem loans and student financial aid programs, any remaining expenses shall be paid by Husband. The children's 12 expenses are to be defined as tuition, room and board, activity fees, and textbooks and supplies. 8. INCOME TAX DEDUCTIONS (DEPENDENTS) The parties agree that Husband shall be entitled to claim the parties' three children, Kaitlin J. Williamson, Emily M. W~dliamson, and Daniel C. Williamson, as dependents on all of his future income tax returns. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they are in the process of dividing their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rags, carpets, household equipment and appliances, pictures, books, works of art and other personal property and do not anticipate any difficulties in doing so. Husband and Wife further agree, upon the completion of this process, all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. 2. BANK ACCOUNTS A. Individual Accounts. Husband and Wife are the o'~ers of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other parties' account. B. Children's Accounts. The parties agree that the Fulton Bank Youth Savers Account, No. 1370-48310, titled in the name of the parties' child Kaitlin J. W'flliamson (estimated balance - $1,400.00), shall be designated as the property ofKaitlin J. Wi]liamson and both parties agree to waive any right, title or interest either of them may have to same. 13 The parties agree that the Fulton Bank College Savings Account, No. 044-9004193, titled in the name of the parties' child Emily M. Williamson (estimated balance - $800.00), shall be designated as the property of Emily M. W'flliamson and both parties agree to waive any right, title or interest either of them may have to same. The parties agree that the Fulton Bank Savings Account, ~No. 1371-03582, titled in the name of the parties' child Daniel C. Williamson (estimated balance - $500.00), shall be designated as the property of Daniel C. Williamson and both parties agree to waive; any right, title or interest either of them may have to same. 3. RETIREMENT BENEFITS Husband agrees to name Wife as the sole beneficiary of his retirement accounts and benefits through McNees Wallace & Nurick. If at any time Husband is not able to designate Wife as the sole beneficiary of his retirement accounts and benefits through McNees Wallace & Nurick, Husband and Wife agree to execute the necessary documents to transfer one-half of Husband's 401K/McNees Wallace & Nurick Savings Plan to Wife. Wife's one-half interest is to be calculated using the year end balance or most recent monthly/quarterly statement balance, whichever is more current, from the date Husband is not legally permitted to name Wife as the sole beneficiary. Husband agrees to transfer Wife's one-half interest in this account through a QualJified Domestic Relations Order, if necessary. The parties agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans, and Husband specifically releases and waives any and all interest, claim or fight that he may have to these assets. 4. HUSBAND'S ANNUAL BONUS The parties agree that Husband has received, incident to his employment with McNees Wallace & Nurick, a monetary bonus at the end of each calends' year. Husband agrees to provide Wife with forty (40%) percent of his bonus, to be calculated upon the gross amount of the bonus proceeds, from the date of the Agreement through the 2010 calendar year, at which point, this payment will cease. Said funds to be provided to Wife no more than thirty (30) days after they are issued. 14 5. INCOME TAX PROVISIONS The parties have agreed to the filing of a joint tax return for the year ending December 31, 2002 and shah cooperate with each other so as to achieve the most advantageous tax treatment to each party. As a consequence of the above provision, Husband agrees to pay the cost of all tax return preparation, all federal, state, and/or local taxes due by either party for the 2002 tax year. 6. AUTOMOBILES The parties are the owners of various automobiles, including a 1996 Chevrolet Blazer and a 2001 Honda Odyssey Mini-Van. Husband and Wife agree that the 2001 Honda Odyssey Mini-Van shall be the sole and separate property of Wife, and Husband waives any fight, title or interest he may have in this vehicle. Husband and Wife agree that the 1996 Chevrolet Blazer shall be the sole and separate property of Husband, and Wife waives any right, title or interest she may have in these vehicles. Each party shall be responsible for any loans on his or her vehicles distributed under this Agreement. Each party agrees to execute the necessary documents to transfer said automobiles as provided herein. 7. LIFE INSURANCE/DEATH BENEFITS Husband agrees to maintain a death benefit of at least Five Hundred Fifty Thousand ($550,000.00) Dollars, on himself, until such time as the p~u-ties' youngest child, Daniel C. Williamson, reaches the age of twenty-two (22) years. These benefits shall name as its beneficiary Wife. After Daniel reaches the age of twenty-two (22) years, this. provision shah become voluntary. In addition to the above, Husband agrees to designate Wife as the named beneficiary of his 401K/McNees Wallace & Nurick Savings Plan, in accordance with the provisions set forth above in Paragraph 3, until such time as the parties' youngest child, Danie]t C. Williamson, reaches the age of twenty-two (22) years. After Daniel reaches the age of twenty-two (22) years, this provision shall become voluntary. It is understood by Husband, that he does not have the right to surrender, encumber, or place a lien against the corpus of these death benefits, while Daniel is under the age of twenty-two (22) years, unless he receives written permission from Wife. 3.5 8. CURRENT LIABILITIES Husband agrees to be solely responsible for satis0ying aH payments on the Capital One Home Equity Loan (approximate balance - $13,000.00), the parties' joint Fleet Credit Card debt (approximate balance - $3,200.00), and his law school debt ( approximate balance - $10, 000.00). By accepting sole responsibility of these debts, Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expenses, including attorney's fees, which may be incurred in connection with the above listed liability. In addition to the above, Husband agrees to accept responsibility for one-half of the personal loan made to the parties' by Wife's sister (approximate balance -. $5,000.00). Wife agrees to be solely responsible for satisfying all other debts of the parties not assumed in the previous paragraph by Husband, including, but not limited to, the Capital One Credit Card debt (approximate balance - $8,000.00). By accepting sole responsibility of these debts, Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expenses, including attorney's fees, which may be incurred in connection with the above listed liability. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. 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. e WAIVER OF PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behaff. 10. AFTER-ACQUIRED PROPERTY Each of the parties shah hereafter own and enjoy, independently of any claim or fight of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her at~er their date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statemems, terms, conditions, and provisions thereof prior to sigjfing below. IN WITNESS WHEREOF, imending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. BARBARA J.'WILLIAMbON DATE DATE IN BARBARA J. THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY ' ' PENNA. STATE Of WILLIAMSON~ Plaintiff VERSUS DERRICK P. WILLIAMSON, NO. 01 -5912 CIVIL Defendant AND NOW, DECREED THAT DECREE IN Barbara J. Williamson , PLAINTIFF, AND Derrick P. Williamson ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT yet BEEN ENtered; NONR. dated November 2, 2002, shall be incorporated, but not merged into this Decree in Divorce. PROTHONOTARY BARBARA J. WELLIAMSON, DERRICK p. WILLIAMSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-~912 CIVIL IN DIVORCE the above-referenced action hereby stipulate and agree that the Order attached hereto encompasses their intent and that it may be adopted as a Court Order. /_J>~ck P. Wim~mson ~ ' BARBARA J. WH.I.IAMSON, Plaintiff DERRICK P. WH.!.~AMSON, Defendant : IN ~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-59111 CIVIL _. : IN DIVORCE QUALllrlED DOMESTIC RELA~ON ORDER TIHS CAUSE came upon the t~ms of the Final Judgmem of Dissolution of Marriage entered between the parties requiring a division of marital assets and pursuant to the terms of Final Judgment, the following Domestic Rel~ions Order is entered, and it is Ordered as follows: 1. The parties to this action have er~ered into a Marriage Settlement Agreeme~, dated November 2, 2002. The Court incorporated this Agreement into its Decree of Divorce, dated December 17, 2002. 2. The Court intends this order to be a Qual'flied Domestic Rdations Order CQDRO") within the meaning of ~414(p) of the Internal Revenue Code of 1986 ('Code '). The Court enters this QDRO pursuant to its authority under the Pennsylvania Divorce Code, 23 P.C.S.A. §3101 et seq. which relates to marital property rights between spouses and former spouses in matrimonial actions. 3. This order creates and recognizes the existence, of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 4. This QDRO applies to the McNees Wallace & Nurick Savings Plan ("Plan"). Derrick P. W'dliamson ("Participant~) is a participant in the Plan. Barbara J. W'dliamson ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant, Derrick P. W'dliamson, has a Social Security Number of 212-82- 8945, was bom on August 27, 1964, and has a last known mailing address of 606 Georgetown Road, Meehanicsburg, Cumhefland County, Pennsylvania 17050. 6. The Alternate Payee, Barbara J. Williamson, hasa Social Security Number of 495-74- 2477, was bom on May 20, 1964, and has a last known mailing address of 12 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania 17013. 7. The poRion ofthe Participant's Plan henefits payable to the Alternate Payee under this QDRO is one-half of Participant's retirement account as of November 19, 2003. Earnings shall be paid on the amount of entitlement under this Order until payment is made to the Alternate Payee. 8. This QDRO does not require the Plan to provide any type or form ofhenefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order, previously detr,~dned to he a qualified domestic relations order, requires the Plan to pay to another alternate payee. 11. The Plan shall pay, in lump mm, the amount designated in Paragraph Seven, above, of this QDRO to the Alternate Payee. The Plan shall pay this amount as soon as administratively fea,4ble. 12. This QDRO does not require the Alternate Payee's consent to the distribution, and the Plan may distribot~ the amoum deserihed in Paragraph Seven, above, without obtaining any further consent from the Alternate Payee. 13. If the Plan does not permit an immediate distriburion of the amount described in Paragraph Seven, above, this Plan shall pay that amount at the Participant's earliest retirement age as defined by Code §414(pX4)(B). 14. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 15. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 16. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401 (aX 11 ) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in Paragraph Seven, above, of this QDRO. The sole propose of this paragraph, is to ensure payment to the Alternate Payee in case of Participant's death prior to payment by the Plan of the amount described in Paragraph Seven, above, of this QDRO. In case of the alternate Payee's death prior to payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to the Alternate Payee's beneficiary as the Alternate Payee. The Alternate Payee may file a written beneficimy designation with the Plan Administrator. If the Alternate Payee fails to file a written beneficiary desi~nated with the Plan Administrator, the Plan shall treat the Alternate Payee's estate as the Alternate Payee's beneficiary. 17. The Plan shall treat this QDRO in accordance with Code §414(pXT). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 18. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plaffs procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time a~er receipt of this QDRO. 19. The Court retains jurisdiction over this~natter as provided by law. DIRECTED AND ORDERF~D, this _~day of _~ 2003. BY THE COURT: