HomeMy WebLinkAbout01-05912
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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CIVIL
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STATE OF
PENNA.
BARBARA ,1 _ wn,L TAMSON,
Plaintiff
No. 01-5912
VE:RSUS
DERRICK P. WILLIAMSON.
Defendant
DECREE IN
DIVORCE J2-~SPIA..:
AND NOW'~ IL:2IJ , IT IS ORDERED AND ;
DECREED THAT 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 ENTgRED; NONE.
rrhp prn'Ti~;nn~ nr t-hp p;:lrt-ip~' M;:Irr;;:lIgp ~pt-t-lpmpnt- AgrAPmpnt-
dated November 2, 2002, shall be incorporated, but not
merged into this Decree in Divorce.
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PROTHONOTARY ,
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AGREEMENT
BETWEEN
BARBARA J. WILLIAMSON
AND
DERRICK P. WILLIAMSON
Cara A Boyanowski, Esquire
Counsel for Wife
Derrick P. Williamson, Husband
Pro Se
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TABLE OF CONTENTS
SECTION I:
Introduction
SECTION II:
General Provisions
SECTION III:
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
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SECTION I
INTRODUCTION
THIS AGREEMENT made this ~ rrl day of _Now m beY, 2002, by and
between BARBARA J. WILLIAMSON ("Wife") and DERRICK P. WILLIAMSON
("Husband").
WITNESSETH:
WHEREAS, Barbara!. Williamson, Social Security Number 495-74-2477, was born on May
20, 1964, and currently resides at 12 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania
17013.
WHEREAS, Derrick P. Williamson, Social Security Number 212-82-8945, was born on
August 27, 1964, and currently resides at 606 Georgetown Road, 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 parents of three minor children, namely, KaitlinJ. Williamson,
born July 30, 1992, Emily M. Williamson, born August 20, 1996, and Daniel C. Williamson, born
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 oftheir
natural lives, and the parties hereto are desirous of settling fully and finally their respective financial
and property rights 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
future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the
settling of any and all claims and possible claims by one against the other or against their respective
estates.
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:
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SECTION II
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 of1980, 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 jfthey 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.
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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 of a lawyer. 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, after 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 tax 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 expeuse shall 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 hereafter, 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,
cany on and engage in any business, occupation, profession or employment which to him or her may
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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 all purposes from any and all 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 all 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 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 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 of a 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
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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 DISCWSURE
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 offour (4) years 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 31 OS ofthe Domestic Relations Code (which includes
contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies
specifically referred to in this Agreement.
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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 entire understanding ofthe 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. OTHER 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 Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either party 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 hereofbe 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.
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18. SEVERABll,ITY 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 anyone or more of the paragraphs herein,
with the exception of the satisfaction of any conditions precedent, 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 1. 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 shall
they affect its meaning, construction or effect.
21. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as
husband and wife, or attempt a reconciliation. This Agreement shall 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.
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SECTION ill
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 all records and
information pertaining to the children, including, but not limited to, school and medical records and
information.
2. PHYSICAL CUSTODY
A. Primarv Phvsical Custodv - The parties agree that Wife shall have primary physical
custody of the parties' minor children, Kaitlin J. Williamson, Emily M. Williamson, and Daniel C,
Williamson.
B. Partial Phvsical 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, altematingweekends, 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
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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. As agreed, this formula shall have two components and these are as follows:
A. Fixed ComDonent. 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 SUDDort ComDonent. In addition to the fixed monthly
component set forth above, Husband shall pay additional support to Wile, upon his achieving annual
gross income in excess of$200,000,00. This additional child support shall be calculated as follows:
A. Determine Husband's annual gross income from his employment at
McNees Wallace & Nurick;
B. Subtract from Husband's annual gross mcome the amount of
$200,000.00;
C. Multiply this sum by forty percent (40%); and
D. Dividing the resulting sum by 12 to determine the additional monthly
support payment due Wife.
In accordance with the above formula, Husband shall furnish a copy of his K-l to
Wife.
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 SUDDort Reauirements. Under this agreement, Wife agrees to
assume full responsibility for all day care/child care expenses and pre-school tuition expenses for the
children,
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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;
2. Any decrease of increase, except as specified above, in Husband's income or Wife's
income; or
3. Any statutory change in tax or support guideline calculations.
6. HEALTH INSURANCE
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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.
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7. COLLEGE 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 student loans and
student financial aid programs, any remaining expenses shall be paid by Husband. The children's
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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. Williamson, 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,
rugs, 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 ofWtfe
shall be the sole and separate property of Wife.
2. BANK ACCOUNTS
A. Individual Accounts. Husband and Wife are the owners 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 1. Williamson (estimated balance -
$1,400.00), shall be designated as the property ofKaitlin 1. Williamson and both parties agree to
waive any right, title or interest either of them may have to same.
13
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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. Williamson and both parties agree to waive any right, title or interest
either of them may have to same.
The parties agree thatthe 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 Qualified 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 right
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 calendar 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
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5. INCOME TAX PROVISIONS
The parties have agreed to the filing of a joint tax return for the year ending December 31,
2002 and shall 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
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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 right, 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.
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LIFE INSURANCEIDEATH BENEFITS
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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 parties' 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 shall become voluntary.
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In addition to the above, Husband agrees to designate Wife as the named beneficiary of his
40 lK/McNees Wallace & Nurick Savings Plan, in accordance with the provisions set forth above in
Paragraph 3, until such time as the parties' youngest child, Daniel 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.
15
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8. CURRENT LIABILITIES
Husband agrees to be solely responsible for satisfYing all 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.
9. WAIVER OF PAYMENT OF LEGAL FEES
Each party hereby agrees to be responsible for any legal fees incurred on their behalf
10. AFTER-ACOUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired
by him or her after 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.
16
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11. REALESTATE
A. Marital Residence - The parties acknowledge that they are the owners of certain real
property known as 12 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter
referred to as "Marital Residence"), which is subject to two mortgages. The parties agree as follows
with respect to the Marital Residence:
(1) Wife agrees that within ninety (90) days following the date of
execution of this Agreement, she will exercise all reasonable diligence to refinance the
existing mortgages on the marital residence.
(2) Simultaneous with the execution of this agreement, Husband shall
execute all documents necessary, including a deed, to transfer all of his right, title and
interest in the Marital Residence to Wife. Thereafter, Wife shall be the sole and
separate owner of the Marital Residence.
(3) Husband agrees that as of the date of execution of this Agreement,
any and all title policies and any other policy of insurance with respect to the Marital
Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees
that Wife shall be entitled to receive any payments now or hereafter due
under any such insurance policies,
(4) Wife shall be solely responsible for all costs, expenses and liabilities
associated with or attributable to the Marital Residence, except those specifically
listed in Section IV, Paragraph 8, regardless of when the same shall have been
incurred including, but not limited to, mortgage, taxes, insurance premiums and
maintenance and Wife shall keep Husband and his property, successors, assigns, heirs,
executors and administrators indemnified and held harmless from any liability, costs
or expense, including attorney's fees, which may be incurred in connection with such
liabilities and expenses or resulting from Husband's ownership interest in said
property,
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17
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SECTION V
CLOSING PROVISIONS AND EXECUTION
Each of the parties has carefully read and fully considered this Agreement and all of the
statements, terms, conditions, and provisions thereof prior to signing below.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have
set their hands and seals on the date indicated below.
Qffi~ &L'JJ~
BARBARA J. LIAMSON
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 01-5912 CIVIL
DERRICK P. WILLIAMSON,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record together with the following information, to the court for entry of a
divorce decree:
I. 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 October 16, 2001.
3. (Complete either paragraph (a) or (b),)
(a) Date of execution ofthe affidavit of consent required by ~3301(c) of
the Divorce Code: by Plaintiff: December 9,2002; by Defendant: December 9,2002,
(b )(1 ) Date of execution of the affidavit required by ~3 3 0 1 (d) ofthe Divorce
Code: N/A; (2) Date of filing and service of the Plaintifi's Affidavit upon the
respondent: N/A.
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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: Nt A.
(b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: December 11, 2002,
Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with
the Prothonotary: December 11, 2002.
Respectfully submitted,
DALEY LAW OFFICES
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Supreme Court lD. No. 68736
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. a-59l.;). ~
.
DERRICK P. WILLIAMSON,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HA VB 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 maniage, 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, DMSION OF PROPERTY,
LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TIIEM.
YOU SHOULD TAKE TIllS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT
HA VB 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
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NOTICIA
Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de pIazo a1 partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea itvisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion
do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted.
I
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LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V AY A
EN PERSONA 0 LLAME POR TELFONO A LA OFlCINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
.
: NO. CJI- S 9/ d.- aJ
DERRICK P. WILLIAMSON,
Defendant
: IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above Plaintiff, Barbara J Williamson, by her attorney, Cara A.
Boyanowski, Esquire, and seeks to obtain a decree in divorce from 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. Williamson, is an adult individual who resides at 1603
Stamford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the
Commonwealth ofpennsylvania for a period of more than six months immediately preceding the filing
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
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and its Amendments,
6. The causes of action and sections of Divorce Code under which Plaintiffis proceeding
are:
A. Section 3301(c). The marriage of the parties is irretrievably 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. Plaintiff believes that
Defendant may also file such an Affidavit.
B. Section 3301(d). The marriage of the parties is irretrievably broken.
The Plaintiff and Defendant separated on January 26, 2001.
7. There have been no prior actions in divorce between the parties.
8. Plaintiff avers that there are three children of the parties under the age of 18, namely:
A. Kaitliri Williamson, born July 30, 1992;
B. Emily Williamson, born AUGUST 20, 1996; and
C. Daniel Williamson, born March 16, 1998.
9. Plaintiff has 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 agreelnent 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.
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I verifY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.SA ~4904 relating to unsworn
falsification to authorities.
By:~QMf~
Barbara 1. Willian1Son, Plaintiff
Date:
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B.
ara A. Boyanowski,
Attorney No. 68736
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
Attorney for Plaintiff
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
NO. 01-5912 CIVIL
DERRICK P. WILLIAMSON,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on October
11,2001.
2. 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 unsworn
falsification to authorities.
Date:
December 9. 2002
By: ~~ !I}~~
Barbara 1. Will son, PlaIntIff
Social Security No. 19S - 1,/-;2.'/17
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 01-5912 CIVIL
DERRICK P. WILLIAMSON,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S3301(c) of the Divorce Code was filed on October
11, 2001.
2. 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. S4904 relating to unsworn
falsification to authorities.
Date:
December 9, 2002
~D~
By: . ~.:::.
'ck P. Williamson, Defendant
Social Security No. d I J. '8 ~ II ~ ~ 5
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 01-5912 CIVIL
DERRICK P. WILLIAMSON,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST 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 penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsification to authorities.
December 9, 2002
By:
~J.k-l1l, Q uJ~
Barbara J. WtlJ.{amson, Plaintiff
Date:
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
NO. 01-5912 CIVIL
DERRICK P. WILLIAMSON,
Defendant
IN DNORCE
WA~ROFNOTICEOFINnNTIDN
TO REQUEST ENTRY OF A DNORCE DECREE
UNDER ~3301(C) OF THE DNORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
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I understand that I may lose rights concerning alimony, division of property, lawyer's
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fees or expenses if I do not claim them before a divorce is granted.
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I understand that I will not be divorced until a divorce decree is entered by the Court
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and that a copy ofthe decree will be sent to me immediately after it is filed with the Prothonotary,
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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:
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 01-5912 CIVIL
DERRICK P. WILLIAMSON,
Defendant
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.
,
Date: /~ {Xl ~I
By~h
rrick P. illiamson, Defendant
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 01-5912 CIVIL
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DERRICK P. WILLIAMSON,
Defendant
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IN DIVORCE
w
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 October 16, 200 I.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by ~3301(c) of
the Divorce Code: by Plaintiff December 9, 2002; by Defendant: December 9,2002.
(b )(1 ) Date of execution of the affidavit required by ~3 3 0 I (d) of the Divorce
Code: N/ A; (2) Date of filing and service of the Plaintiffs Affidavit upon the
respondent: N/ A.
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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 Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: December 11, 2002,
Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with
the Prothonotary: December 11, 2002.
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Respectfully submitted,
DALEY LAW OFFICES
Q~() ~/I^~A..~L
araA. ~~q~
Supreme Court I.D. No, 68736
1029 Scenery Drive
Harrisburg, P A 171 09
(717) 657-4795
Attorney for Plaintiff
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 01-5912 CIVIL
DERRICK P. WILLIAMSON,
Defendant
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 ofthe 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.
(
Date: /~ CX1 (tJ /
By~h
rrick P. illiamson, Defendant
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 01-5912 CIVIL
DERRICK P. WILLIAMSON,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on October
11,2001.
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date offiling 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 ofthe 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:
SocialSecurityNo. 1/95-- 7LlcJif 77
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 01-5912 CIVIlL
DERRICK P. WILLIAMSON,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on October
11, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date offiling 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 unsworn
falsification to authorities.
Date:
December 9, 2002
BYW~
rrick P. Williamson, Defendant
Social Security No. did 'B d '6 ~ ~5
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 01-5912 CIVll.
DERRICK P. WILLIAMSON,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verifY that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsification to authorities.
Date:
December 9, 2002
By: y1u~ Q aitlU~1t-IH7'--
Barbara 1. Willtamson, Plaintiff
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 01-5912 CIVIL
DERRICK P. WILLIAMSON,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER &3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verifY that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsification to authorities.
Date:
December 9, 2002
By:
hf~'_"~"~'8"''''''''", .
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104 105,157 FlEV.S-80
COuNTY
Cumberland
COr..4MO!llWEALT" Of PENNSYLVANIA
OEPARTMENT OF HEALTH
VITAL RECORDS
DIVORCE
IXJ
RECORD OF
OR ANNULMENT
(CHECK ON El
o
STATE FILE NUJ.'BER
STATE "'ILE OATE
.,
,. NAME IFi"r)
Derrick P.
2. I'lESICENCE Sf~o'R.D.
606 Geor
.. ,.,UMBER
OF THIS
~#'R'Ill'AGE
Williamson
IlohddIe}
HUSBAND
.....
Cil". So,o. 01' wp. QJWlI"
M h CumberlandpCounty
ec an~csour A
,. RACE
WHITE
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B.
....AIOEN NAME
(Fml
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o
(Middle)
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'1. DATE
0'
SIRTH
4. PLACE
0'
BIRTH
'7. USUAL OCCuPATION
WIFE
(~n)
'0.
f$ESIOENCE
12
E '11' 0
Sr_ 0' R.D. Ciry. 801'0.0' Twp., CoIIII"
Teaberry Drive, Carli~~~~epAand
13.RAC
WHITE
.....
County
11. PLACE
0'
BIRTH
14. OCCUPATION
'2.
NUMBER
OF THIS
....AR"'IAGE
PLACE OF
OFTHIS
MARAIAGE
NUM8ER OF CHIL-
DREN THIS
MAARIAGE
N~M8ER OF HuSBAND WIFE
C",I LOREN TO 0
C STOOY OF
oATE OF OECREE
SPLJT CUSTODY
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(County)
Ellicott Cit
BLACK
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17A.
1'78.
3
18. PLAINTIFF
HUS8AND
o
3
20.
22_
(Month)
24. Su:.NATURE OF
TFlA""SCRI8ING CLERK
OTHER 'S~cify)
o
(D.,,)
fY,.,}
OTHER (Specifyl
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ISUreorF_~ Count..,,1
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WIFE
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OTHERISCM'Cifyl
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Attorne
9. DATE
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H u
wife
Monrh y
8-27-64
reO' on,1I"
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21. LEGAL GROUNDS FOR
OIVDRCE OR ANNULMENT
23. OATE RepORT seNT
'TO VITAL RECORDS
16. OATE OF
THIS
MARRIAGE
. HUSBAND
o
3301
(Mtmth/
VA
Month)
D..
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5 20-64
fS'ttltt:OI'Fonign Colin,,,,}
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9-21-85
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BARBARA J. WILLIAMSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 01-5912 CIVIL
DERRlCK:P. WILLIAMSON,
Defendant
: IN DIVORCE
OUALIFIED DOMESTIC RELATION ORDER
THIS CAUSE came upon the terms of the Final Judgment ofDissolution ofMarriageentered
between the parties requiring a division of marital assets and pursuant to the terms ofFinal Judgment,
the following Domestic Relations Order is entered, and it is Ordered as follows:
0'
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.,
1.
The parties to this action have entered into a Marriage Settlement Agreement, dated
November 2, 2002. The Court incorporated this Agreement into its Decree of Divorce, dated
December 17, 2002.
,
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2.
The Court intends this order to be a Qualified Domestic Relations Order ("QDRO")
"
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within the mllaning of~ 14(p) of the Internal Revenue Code of1986 ("Code"). The Court enters this
QDRO pursuant to its authority under the Pennsylvania Divorce Code, 23 P.C.S.A. ~3101 et seq.
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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.
;,
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4.
This QDRO applies to the McNees Wallace & Nurick Savings Plan ("Plan"). Derrick
,
P. Williamson ("Participant") is a participant in the Plan. Barbara J. Williamson ("Alternate Payee")
is the alternate payee for purposes of this QDRO.
~;~I;;q)~.!rv,..,",. .." ";,., "" "t<- ,-,~~"qYfr__,,'''.., .~.. .,,'''''~~~ _, ,".. . ~_< ""~"' ,,_ _ ,,. /__~_ ___
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5. The Participant, Derrick P. Williamson, has a Social Security Number of 212-82-
8945, was born on Augnst 27, 1964, and has a last known mailing address of 606 Georgetown Road,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
6. The AlternatePayee, BarbaraJ. Williatnson, has a Social Security Number of 495-74-
2477, was born on May 20, 1964, and has a last known mailing address of 12 Teaberry Drive,
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Carlisle, Cumberland County, Permsylvania 17013.
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7. The portion of the Participant's Plan benefits payable to the AlternatePayee undertbis
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QDRO is one-half of Participant's retirement account as of November 19, 2003. Earnings shall be
ti!
paid on the amolJIlt of entitlement under this Order until payment is made to the Alternate Payee.
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8.
This QDRO does not require the Plan to provide any type or form of benefit the Plan
does not otherwise provide.
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9.
This QDRO does not require the Plan to provide increased benefits.
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10. This QDRO does not require the Plan to pay any benefits which another order,
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previously determined to be a qualified domestic relations order, requires the Plan to pay to another
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alternate payee.
II. The Plan shall pay, in lump sum, the amount designated in Paragraph Seven, above,
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of this QDRO to the Alternate Payee. The Plan sha1l pay this amount as soon as administratively
feasible.
12. This QDRO does not require the AlternatePayee's consent to the distribution, and the
(,
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Plan may distribute the amount described in Paragraph Seven, above, without obtaining any further
consent from the Alternate Payee.
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13. If the Plan does not permit an immediate distribution 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(P)(4)(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.
IS. The Alternate Payee assumes sole responsibility for the tax consequences of the
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distnoution 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 ~~OI(a)(ll) and 417, but the
Alternate Payee shall receive, as surviving spouse, only the amount described in Paragraph Seven,
above, of this QDRO. The sole purpose of this paragraph, is to ensure payment to the Alternate
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Payee in case ofParticipant's death prior to payment by the Plan of the amount described in Paragraph
Seven, above, of this QDRO. In case ofthe 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
beneficiary designation with the Plan Administrator. If the Alternate Payee fails to file a written
beneficiary designated with the Plan Administrator, the Plan shall treat the Alternate Payee's estate
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as the Alternate Payee's beneficiary.
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17. The Plan shall treat this QDRO in accordance with Code ~14(P)(7). 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
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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 Plan's
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
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of the determination within a reasonable period of time after receipt of this QDRO.
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19. The Court retains jurisdiction over thi~ as provided by law.
DIRECTED AND ORDERED, this ~ day of ~ ,2003.
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BY TIlE COURT:
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BARBARA J. WILLIAMSON,
PlaintitT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVILACTION-LAW
v.
:
: NO. 01-5912 CIVIL
DERRICK P. WILLIAMSON,
Defendant
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: IN DIVORCE
AND NOW, this 8-l.h
STIPULATION
day of ~ C1.ffi b..ut.>
, 2003, the parties in
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.
(Jl~Q~Il1l0W5L
lmess
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