HomeMy WebLinkAbout01-05489[N THE COURT O~~ COMMON PLEAS
CRAIG T. HOUGHTON,
Plaintiff
VERSUS
Defendant
N O . 01-5489 CIVIL TERM
DECREE IN
DIVORCE
AND NOW, I-Ci tO rJ0 Zdd_S, IT IS ORpERED AND
DECREEp THAT Craig T. Houghton _, PLAINTIFF,
AND Catherine Houghton , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE GOURT RETAINS JURISDICTION OF THE FO LLONlING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The parties' Property and Separation Agreement dated February 6, 2003, is incorporated
herein but not merged. _
BY THE COU
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PROTHONOTARY
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CRAIG T. HOUGHTON,
Plaintiff
v.
CATHERINE HOUGHTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 01-5489
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)
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(Strike out inapplicable section).
2. Date and manner of service of the Complaint: certified mail, restricted delivery on
September 22, 2001.
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: February 6, 2003 by Defendant: February 5, 2003
(b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code:
(2) Date of filing and service of the plaintiff s affidavit upon the respondent:
4. Related claims pending: none
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intenfion to file Praecipe to Transmit
record, a copy of which is attached:
(b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary: February 11,2003
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary: February 11,2003
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Marylou<M~ta ,Esquire V
GRIFFIE & SOCIATES
Attorney for Plaintiff
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PROPERTY AND
SEPARATION AGREEMENT
BETWEEN
CATHERINE D. HOUGHTON
AND
CRAIG T. HOUGHTON
BARLEY, SNYDER, SENFT & COHEN, LLC
247 LINCOLN WAY EAST
CHAMBERSBURG, PA 17201
AGREEMENT made this ~~ day of , 2003, by Catherine D.
Houghton of 1259 Means Hollow Road, Shippensburg, Cumberland County, Pennsylvania,
hereinafter referred to as "Wife", and Craig T. Houghton of 1058 Stony Bridge Drive,
Chambersburg, Franklin County, Pennsylvania, hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on May 1, 1982
in Cleveland Heights, Cuyahoga County, Ohio. There were two children born of this marriage, said
children being: Connor M. Houghton, bom August 10, 1986, Sarah M. Houghton, born June 20,
1991;
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, and the parties hereto
are desirous of settling their respective financial rights and obligations as between each other
including: settling of matters between them relating to the past, present and future support and/or
maintenance of Wife by Husband and Husband by Wife;
WHEREAS, the parties hereto wish finally and for all time to settle and determine their
respective property and other rights growing out of their marital relation; wish to live separate and
apart; and, wish to enter into this property and separation Agreement;
WHEREAS, both and each of the parties hereto have been advised of their legal rights and
the implications of this Agreement and the legal consequences which may and will ensue from the
execution hereof;
WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately
knows the size, degree, and extent of the estate and income of Husband, and Husband acknowledges
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acknowledges that he is thoroughly conversant with and knows accurately the size, degree and
extent of the estate and income of Wife;
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the
parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree
as follows:
1. ADVICE OF COUNSEL:
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, Lynn Y. MacBride, Esquire, for Wife and Marylou Matas,
Esquire, for Husband. The parties acknowledge that they have received independent legal advice
from counsel of their selection and 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 circumstances, 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 and the parties hereto state that he or
she, in the procurement and execution of this Agreement, has not been subjected to any fraud,
concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other,
or on the part of the other's counsel.
2. WARRANTY OF DISCLOSURE:
The parties warrant and represent that they have made a full disclosure of all assets and
their valuation prior to the execution of this Agreement. This disclosure was in the form of an
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informal exchange of information between the parties and this Agreement between the parties is
based upon this disclosure.
3. PERSONAL RIGHTS AND SEPARATION:
Wife and Husband may and shall, at all times hereafter, live separate and apart. They
shall be free from any control, restraint, interference or authority, direct or indirect, by the other
in all respects as if they were unmarried. They may reside at such place or places as they may
select. 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 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 or in any
manner whatsoever with him or her.
4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS:
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist
or to such defense as may be available to either party. This Agreement is not intended to
condone and shall not be deemed to be a condonation on the part of either party hereto of any act
or acts on the part of the other party which have occasioned the disputes or unhappy differences
which have occurred prior to or which may occur subsequent to the date hereof. The parties
intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) or
(d) of the Divorce Code of 1980.
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5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE:
The parties agree that the terms of this Agreement may be incorporated into any divorce
decree which may be entered with respect to them. Notwithstanding such incorporation, this
Agreement shall not be merged in the decree, but shall survive the same and shall be binding and
conclusive on the parties for all times.
6. 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.
7. PERSONAL PROPERTY:
Husband and Wife do hereby acknowledge that they have previously divided 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 hereafter Wife agrees that 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. The parties
do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he
or she may have with respect to the above items which shall become the sole and separate
property of the other, with full power to him or her to dispose of the same as fully and
effectually, as though he or she were unmarred.
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8. BANK ACCOUNTS:
For the mutual promises and covenants contained in this Agreement, Husband and Wife
hereby waive all right, title, claim or interest they may have by equitable distribution in their
respective bank accounts, checking or savings, if any, and each party waives against the other
any duty of accounting for disposition of any jointly held funds.
9. MOTOR VEHICLES:
With respect to the motor vehicles owned by one or both of the parties, they agree as
follows:
a. The 1995 Honda shall become the sole and exclusive property of Wife along with
any and all liens and encumbrances.
b. The 1988 Nissan, the 1963 Mercury, and the 1989 GMC Pickup Truck shall
become the sole and exclusive property of Husband along with any and all liens and
encumbrances.
c. The titles to the said motor vehicles shall be executed by the parties, if appropriate
for effecting transfer as herein provided, on the date of execution of this Agreement and said
executed titles shall be delivered to the proper parties on the distribution date.
10. AFTER-ACQUIRED PERSONAL PROPERTY/REAL ESTATE:
Each of the parties shall hereafter own and enjoy, independently of any claim or right of
the other, all items of personal property, tangible or intangible, and any real estate hereafter
acquired by him or her, with full power, in him or her to dispose of the same as fully and
effectively, in all respects and for all proposes, as though he or she were unmarred.
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11. REAL ESTATE:
The parties hereto acknowledge and agree that they are owners by the entireties of a
certain improved tract of real estate situated in Shippensburg, Cumberland County,
Pennsylvania, known as 1259 Means Hollow Road, Shippensburg, Pennsylvania, and more
specifically desci~bed in Cumberland County Deed Book Volume # ,Page # For
and in consideration of the mutual covenants and agreements herein contained in the body of this
instrument, Husband and Wife further stipulate and agree that said real estate shall become the
sole and exclusive property of Husband. Husband shall refinance the real estate within ninety
(90) days of the signing of this Agreement. Pending his refinancing, Husband shall take over
individual responsibility for the mortgage payments, taxes, and any other liens or encumbrances
against the real estate. Upon Husband's refinancing, Wife shall sign a Deed transferring the real
estate into Husband's individual name. Wife shall be responsible for payment for one-third the
mortgage on the marital home from January through June 2003 or until Wife moves out of the
marital home. Wife shall be credited with payment of $610.00 by signing over to Husband the
tax credit check which is in the amount of $1,221.00. The balance of Wife's responsibility for
one-third of the mortgage payment shall be discharged as a set off against the final settlement
due from Husband to Wife.
Wife and the children shall have the right to reside in the real estate until the end of the
children's school year or June 30, 2003, whichever comes last. Wife shall be responsible for any
repair or maintenance required in the house which shall cost less than $100.00 so long as she
continues residence in the house. Husband shall be responsible for any repair or maintenance to
the real estate costing over $100.00, even during Wife's continued residency, so long as these
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repairs are reasonable wear and tear, not caused by Wife's specific doing, and agreed upon by
the parties as reasonable and necessary.
In the negotiation of this Agreement, the parties have taken into consideration the
payments made by Wife on the marital mortgage to the extent that they have lowered the
principal due. The parties haue agreed to credit Wife with payment of $3,078.30 against the
principal balance of the mortgage. Further, in the negotiation of this Agreement, the parties have
agreed that Wife was credited with work she has done on the marital real estate since separation.
Wife has been given a credit of $1,500.00 for this work.
12. PENSION INTERESTS:
a. The parties recognize that Wife has a TIAA CREF retirement account with a
balance of approximately $18,532.00. For the mutual promises and covenants contained in this
Agreement, Husband hereby waives all right, title, claim or interest he may have by equitable
distribution or otherwise in this retirement plan;
b. The parties recognize that Wife has a Dreyfus Growth and Income Fund with a
value of approximately $6,900.00. The parties stipulate and agree that the dollars in this fund are
Wife's non-marital asset, having come from an inheritance to Wife. For the mutual promises
and covenants contained in this Agreement, Husband hereby waives all right, title, claim or
interest he may have by equitable distribution or otherwise in this fund;
c. The parties further recognize that Husband has a TIAA CREF retirement account
with a balance of approximately $72,202.00 and a Dreyfus Growth and Income Fund with a
balance of approximately $7,831.00. For the mutual promises and covenants contained in this
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Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable
distribution or otherwise in the retirement account and fund;
13. CASH PAYMENT TO WIFE:
The parties hereto stipulate and agree that Husband shall pay to Wife, a cash payment in
the amount of $61,581.05 within ninety (90) days or upon Husband's refmancing of the marital
real estate, whichever comes first. The amount referenced as an off-set for Wife's mortgage
payments, as referenced in Paragraph 11 of this Agreement, shall be subtracted from this sum
prior to payment. Husband shall provide to Wife in cash as much of the above stated sum as
possible through his refinancing. The actual cash amount to be received by Wife is anticipated
by Husband to be approximately $26,000.00. The balance of monies due to Wife shall be paid
through a QDRO against Husband's TIAA CREF fund. Husband shall immediately, after
refmancing, have his attorney prepare and file the necessary paperwork to put the QDRO in
place.
14. DREYFUS LIQUID ASSETS ACCOUNT:
The parties recognize that they are the owners of a Dreyfus Liquid Assets account with a
balance of approximately $7,250.00. Said account shall become the sole and exclusive property
of Wife. Husband shall sign any necessary documentation removing his name from this account.
15. DEBTS:
Except as otherwise herein expressly provided, the parties shall and do hereby mutually
remise, release and forever discharge each other from any and all actions, suits, debts, claims,
demands and obligations whatsoever, both in law and in equity, which either of them ever had,
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now has, or may hereafter have against the other upon or by reason of any matter, cause or thing
up to the date of the execution of this Agreement.
Husband shall take sole and individual responsibility for the PSECU Visa account.
Husband will transfer this account into his individual name and/or remove Wife's name from
said account. Pending any necessary paperwork to transfer this account into Husband's
individual name, Husband shall indemnify and hold Wife harmless from and against any and all
such debt. Further, from the time of execution of this Agreement, Husband shall take sole and
individual responsibility for payment of the mortgage, taxes, insurance, etc. on the marital real
estate. From the time of execution of this Agreement, pending Husband's refinancing of same,
Husband shall indemnify and hold Wife harmless from and against any and all such debts,
liabilities or obligations of every kind attached to the marital real estate.
In the event that either parry becomes a debtor in bankruptcy or financial reorganization
proceedings of any kind while any obligations remain to be performed by that party for the
benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby
waives, releases and relinquishes any right to claim any exemption (whether granted under state
or federal law) to any property remaining in the debtor as a defense to any claim made pursuant
hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the
creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations
to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the
enforcement of this paragraph or any other provision of this Agreement. No obligation created
by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the
contrary, and each party waives any and all right to assert that any obligation hereunder is
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discharged or dischargeable. The failure of any party to meet his or her obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of conditions
precedent, shall not in any way void or alter the remaining obligations of either of the parties.
16. WARRANTY AS TO EXISTING OBLIGATIONS:
Each party represents that they have not heretofore incurred or contracted for any debt or
liability or obligation for which the estate of the other party may be responsible or liable except
as may be provided for in this Agreement. Each party agrees to indemnify or hold the other
party harmless from and against any and all such debts, liabilities or obligations of every kind
which may have heretofore been incurred by them, including those for necessifies, except for the
obligations arising out of this Agreement.
17. WARRANTY AS TO FUTURE OBLIGATIONS:
Wife and Husband each covenant, warrant, represent and agree that each will now and at
all times hereafter save harmless and keep the other indemnified from all debts, charges and
liabilities incurred by the other after the execution date of this Agreement, except as may be
otherwise specifically provided for by the terms of this Agreement and that neither of them shall
hereafter incur any liability whatsoever for which the estate of the other maybe liable.
18. WAIVER OF SUPPORT:
a. Husband hereby waives all right to claim against Wife spousal support, alimony,
alimony pendente lite, counsel fees and expenses.
b. Wife hereby waives all right to claim against Husband spousal support, alimony,
alimony pendente lite, counsel fees and expenses.
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19. MUTUAL RELEASES:
Husband and Wife each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interests, or claims in or against the property
(including income and gain from property hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoever situate which he or she now has or at any time
hereafter may have against such other, the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
dower, curtesy, or claims in the nature of dower or curtesy or widow's or widower'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 testatnentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c)
any other country, or any rights which either party may have or at any time hereafter have for
past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees,
equitable distribution, costs or expenses, whether arising as a result of the marital relation or
otherwise, except, and only except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision
thereof. It is the intention of Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any kind
or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except
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and only except all rights and agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provision thereof.
20. BANKRUPTCY:
The respective duties, covenants and obligations of each party under this Agreement shall
not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of
accrued obligations to the other, this Agreement shall continue in full force and effect thereafter
as to any duties, covenants and obligations accruing or to be performed thereafter.
21. DIV®RCE:
Husband has commenced an action for divorce from Wife pursuant to Section 3301(c) or
(d) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Complaint on
or about September 13, 2001.
Both parties shall, at the time of the execution of this Agreement, furnish Husband's
attorney with an Affidavit of Consent and Waiver of Notice evidencing that each of them
consents to the divorce. It is further agreed and understood that any decree of divorce issuing in
this matter shall reflect the fact that Husband will -bear the cost of same in his individual
capacity. Husband shall finalize this divorce action immediately following the date of execution
of this Agreement.
a. Each of the parties agree that this Agreement represents a complete and final
agreement as to their respective property rights which arose from the marital relation and
therefore mutually waive any and all rights they may have under Section 3501 (Equitable
Distribution) of the Pennsylvania Code, Act No. 1980-26.
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b. This Agreement may be offered in evidence in the action for divorce and may be
incorporated by reference in the decree to be granted therein. Notwithstanding such
incorporation, this Agreement shall not be merged in the decree, but shall survive the same and
shall be binding and conclusive on the parties for all time.
22. LEGAL FEES:
In the review and preparation of this Agreement each party shall bear his/her own legal
fees.
23. REMEDY FOR BREACH:
If either party breaches any provision of this Agreement, the other party shall have the
right, at his or her election, either to sue for damages for such breach, in which event the
breaching party shall be responsible for payment for legal fees and costs incurred by the other in
enforcing their rights hereunder, or to seek such other remedies or relief as may be available to
him or her.
24. EQUITABLE DISTRIBUTION:
It is specifically understood and agreed that this Agreement constitutes an equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife or either of them during the marriage as contemplated by The Act of Apri12,
1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 3501 et seq. of the
Commonwealth of Pennsylvania, and as amended.
25. SiJMMARY OF EFFECT OF AGREEMENT:
It is specifically understood and agreed by and between the parties hereto, and each party
accepts the provisions herein made in lieu of and hr full settlement and satisfaction of any and all
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of said parties' rights against the other for any past, present and future claims on account of
support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses,
equitable distribution of marital property and any other claims of each party, including all claims
raised by them in the divorce action pending between the parties.
26. TAX CONSEQUENCES:
By this agreement, the parties have intended to effectuate and by this agreement have
equitably divided their marital property. The parties have determined that such equitable
division conforms to a right and just standard with regard to the rights of each party. The
division of existing marital property is not, except as may be otherwise expressly provided
herein, intended by the parties to institute in any way a sale or exchange of assets and the
division is being effected without the introduction of outside funds of other property not
constituting a part of the marital estate.
27. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT:
Each party shall, at any time and from time to time hereafter, take any and all steps and
execute, acknowledge and deliver to the other party any and all further instruments and/or
documents that the other party may reasonably require for the purpose of giving full force and
effect to the provisions of this Agreement.
28. RECONCILIATION:
The parties shall only effect a legal reconciliation which supersedes this agreement by
their signed agreement containing a specific statement that they have reconciled and that this
agreement shall be null and void; otherwise, this agreement shall remain in full force and effect.
Further, the parties may attempt a reconciliation, which action, if not consummated by the
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aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any
new marital rights or obligations to accrue.
29. SEVERABILITY:
The parties agree that the separate obligations contained in this Agreement shall be
deemed to be interdependent. If any term, clause, or provision of this Agreement shall be
determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties
agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as
possible the purpose of the invalid provision. Notwithstanding any release contained herein, the
parties intend that they may reinstate any and all economic claims to the extent available under
the Divorce Code of 1990. Further, any court of competent jurisdiction may, under the equitable
provisions and purposes of the Divorce Code, reinstate any economic claim which was available
at the time of the parties' separation or avoid any waiver herein contained to renegotiate or
effectuate as nearly as possible the purpose of the unenforceable provision.
30. 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 hereof be
construed as a waiver of any subsequent default of the same or similar nature, nor shall it be
construed as a waiver of strict performance of any other obligations herein.
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31. INTEGRATION:
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This Agreement constitutes the entire 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. This Agreement shall survive integration
by any court into any judgment for divorce and shall continue to have independent legal
significance as a written contract separate from such judgment for divorce and may be enforced
as an independent contract.
32. 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 maybe entered with
respect to the parties.
33. 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 of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
34. CAPTIONS:
The captions of this Agreement are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope and intent of this Agreement, nor in
any way effect this Agreement.
35. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
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36. LAW OF PENNSYLVANIA APPLICABLE:
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of
this Agreement, each of which shall constitute an original, the day and year first above written.
Witness:
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Catherine D. Houghton
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Craig T oughton
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF FRANKLIN / )
On this, the ~ day of ~°J~ , 2003, before me, a notary public,
the undersigned officer, personally appeared Catherine D. Houghton, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and notarial seal.
otary Public
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF FRANKLIN /~~n ) Member, Pennsylvania ASSOdation pf Nptaries
On this, the ~ day of 1(Jl v`~ , 2003, before me, a notary public,
the undersigned officer, personally appeared Craig T. Houghton, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrtument, and acknowledged
that he executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and notarial seal.
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1146370
~~.".. Notarial Seal ~,,.i
!C;~dsa J. Lehman, Notary Publir.
F` ~~ llsls f3oro, Cumberland County
Prly~tommission ExplrasAug.25, 200a
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Notarial Seat
Misti J. Ardinger, Notary Public
Chambersburg Boro, FranMin County
My Commission Expires pea 79, 2005
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CRAIG T. HOUGHTON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CATHERINE HOUGHTON, NO. DI -S'IP`( CIVIL TERM
Defendant IN DIVORCE
NOTICE TO DEFEND A_ND CLAIM RI HTS
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
will proceed without you and a decree of divorce or annulment may be entered against you for
any claim or relief requested in these papers by the Plaintiff. You may lose money or property
or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in the
Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717)249-3166
._ ___
~~~ ~~ ~ I
CRAIG T. HOUGHTON,
Plaintiff
v.
CATHERINE HOUGHTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. ~l - .~'y~9 CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE
NO FAULT
1. Plaintiff is Craig T. Houghton, an adult individual currently residing at 1058 Stony
Bridge Drive, Chambersburg, Franklin County, Pennsylvania, for approximately one
month.
2. Defendant is Catherine Houghton, an adult individual currently residing at 1259
Means Hollow Road, Shippensburg, Cumberland County, Pennsylvania, since 1994.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been
so for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 1, 1982, in Cleveland Heights,
Cuyahoga County, Ohio.
5. There have been no other prior actions for divorce or annulment between the parties.
6. Neither the Plaintiff nor the Defendant are members of the United States Armed
Forces or its Allies.
Plaintiff has been advised of the availability of counseling and the right to request
that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90)
days from the date of the filing of this Complaint, consent to this divorce.
Respectfully submitted,
~" curs a,~.
Mary {atas, Esq re
Attorne o Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relafrng to unsworn falsification to authorities.
DATE: ~~~3'"b I / `~-mil/""'
CRAIG'. UGHTON
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CRAIG T. HOUGHTON,
Plaintiff
v.
CATHERINE HOUGHTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMEERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-5489 CNIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 26"` day of September, 2001, comes Marylou Matas, Esquire, Attorney
for Plaintiff, Craig T. Houghton, and states that a true and attested copy of a Complaint in
Divorce was sent to the Defendant, Catherine Houghton, at 1259 Means Hollow Road,
Shippensburg, PA 17257, by certified mail, restricted delivery, return receipt requested. A copy
of said receipt is attached hereto indicating that service was made on September 22, 2001.
Marylor s, Esquir
Attorneyf laintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
Sworn and sut
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Notarial Seal Public
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Carlisle Boro, Cumberland 25, 2003
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CRAIG T. HOUGHTON,
Plaintiff
v.
CATHERINE HOUGHTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 01-5489
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A. Complaint in Divorce under §3301 (c) of the Divorce Cade was filed on
September 20, 2001, and served on September 22, 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 THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: ~ ~ (o 'b 3 ~~ ~/ d~! o"` (wli^-f
CRAIG T. OUGHTON, Pl ntiff
CRAIG T. HOUGHTON,
Plaintiff
v.
CATHERINE HOUGHTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 01-5489
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER ~3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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 divorce 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 files with the
Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: 2- `~ S ~ G
C HERINE HOUGHTON, ~efe dant
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CRAIG T. HOUGHTON,
Plaintiff
v.
CATHERINE HOUGHTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 01-5489
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on
September 20, 2001, and served on September 22, 2001.
2. The mamage 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 THE FOREGOING AFFIDAVIT
ARI; TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: 7i"~ ~j ' ~ ~ 1='
`'~ RINE OUGHTON, D endant
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CRAIG T. HOUGHTON,
Plaintiff
v.
CATHERINE HOUGHTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 01-5489
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER &3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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 divorce 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 files with the
Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
UNSWORN FAL/SIFICA2TION TO AUTHORITIES.
DATE: ~ - `~ ' D / c
CRAIG T UGHTON
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CRAIG T. HOUGHTON,
Plaintiff
v.
CATHERINE HOUGHTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW ~A 3 0
NO. 01-5489
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this ,~ day of ~ ~~ L , 2003, it appears to the Court
as follows:
1
2.
3
The parties hereto were husband and wife, seek this Order in conjunction with a final
decree of dissolution of marriage dated February 20, 2003, in that action pending in this
Court at the above number.
Craig T. Houghton, social security number 104-52-1474, hereinafter referred to as
"Participant", is employed by Pennsylvania State University, is a participant in the
Teachers Insurance and Annuity Association -College Retirement Equities Fund,
hereinafter "TIAA-CREF" and has the following annuities:
TIAA Retirement Annuity (RA) Contract
CREF RA Certificate
No. C233000-3
No. U233000-1
Craig T. Houghton's current and last known mailing address is 1058 Stoney Bridge
Drive, Chambersburg, Pennsylvania 17201.
The Alternate Payee is Catherine D. Houghton, whose current and last known mailing
address is 1259 Means Hollow Road, Shippensburg, Pennsylvania 17257. The Alternate
Payee's social security number is 284-66-1747, and date of birth is August 6, 1958.
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4. To accommodate the marital/community property distribution between the parties IT IS
ORDERED, ADNDICATED AND DECREED AS FOLLOWS:
A. That the TIAA-CREF annuities previously referenced are marital property;
B. Upon finalization of this Order and pursuant to the terms of said annuities, the
current values as of the valuation date of the Participant's TIAA-CREF annuity
accumulations for the Marital Portion defined below shall be awarded as the
Alternate Payee's sole and exclusive property to be applied to TIAA-CREF
annuities subject to the terms and limitations of said annuities:
i) Marital portion is a dollar amount and has been determined.
a) Accumulations are to be valued as of February 5, 2003, the
date the MartiaUCommunity property interest ceased:
TIAA RA No. C233000-3, $8,665.42 CREF RA No. U233000-1, $30,000.00
ii) Transfer Values
The values actually transferred will reflect interim investment experience
until the transfer is recorded by TIAA-CREF. The TIAA Traditional''
accumulation will increase over time, whereas the TIAA Real Estate a~}d
CREF accumulations may increase or decrease, reflecting the performance
of the underlying investments.
C. Conditions of division of annuity contracts:
i. All ownership and interest in the balance of the accumulations not
transferred in all annuities issued to the Participant by TIAA-CREF
will belong to the Participant.
~.. __
ii. All ownership rights in the newly issued annuities will belong to the
Alternate Payee
iii. The beneficiary designation of the Alternate Payee's annuities will
be his or her estate, unless a beneficiary designation is submitted
pursuant to the provisions of the contracts, and accepted by TIAA-
CREF. The Alternate Payee must review the contracts at issuance
for accuracy and inform TIAA-CREF of any change of address.
iv. The Alternate Payee's annuities will be issued with the same
investment allocation as the Participant's applied pro rata. The
Alternate Payee may change the investment allocation once his or
her annuities are issued in accordance with the contributing
employer's plan.
D. ReafTirmation/Termination of Alternate Payee's status as beneficiary of
record for all annuity contracts or individual life insurance funded through
TIAA-CREF on the life of the Participant.
Termination -as of the date of TIAA-CREF's receipt of the QDRO, all TIAA-
CREF benefits otherwise payable to the Alternate Payee as beneficiary are
payable to the estate of the Participant. The Participant retains the right to change
the designation.
E. TIAA Traditional Retirement Annuities (RAs) do not allow single sum
withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities,
the Alternate Payee's right to receive single sum withdrawals and/or transfer all or
._:,:. ~
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apart of the accumulation to an alternate carrier may be limited in accordance
with the contributing employer's plan.
F. The parties are directed to submit to TIAA-CREF all documents and releases (if
required by TIAA-CREF) to finalize this Order within thirty (30) days of the
request for same.
4. This Order:
A. does not require any plan to provide any type of form of benefit, or
any options not otherwise provided under the plan, and
B. does not require TIAA-CREF to provide increased benefits, and
C. does not require the payment of benefits to an Alternate Payee
which are required to be paid to another Alternate Payee under
another Order previously determined to be a Qualified Domestic
Relations Order.
D. If any portion of this Order is rendered invalid, the balance of the
Order will remain fully enforceable.
5. This Court reserves jurisdiction to issue further orders as needed to execute this
Order.
By the Court V ~ ~j Date TWT '` ~F2oO3
Participant G~ Date s ~ ~2 ` b~