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Home My WebLink About98-04501 , , ' ' .', ' .' .'. I. ' , ;. ~ > ."', " ~ I .' '.': . , ,'\ . ,', ~',' ,. , , ,> t' . '" r'I'Jo!'I'i.H+I'i-l-l+i-l-I'H+i+i-l+j'H.j.!.!.j.j.j.j.!.j,,'i,j'i.!-!-!-!.!.j.!.!.,.j.!.!-!-!.!-,.!-,.!.!.j...j.!.!.j.j'i.j+i'i+H'!:: ;i~ IN THE COURT OF COMMON PLEAS ~j~ . . ... ~.. . . :1: OFCUMOEHU\NIlCOUNI y it: ~ ~. ->> ,~ ... ~ STATE OF ,:~,. ~ai:'.~~:>>'~ PENNA, ~~ ..11 l' , ~.. t ,~~ . ..' . . ~'. , - ~~ KAREN HOWARD, ':' ___,_,__",",_.,._..__.._~,._,... ~,:,1I 4501 1998 ':-' .,_.,------ ~ I I Plaintiff NO, VERSUS MICHAEL HO~lARD, Defendant ,. . . . DECREE IN DIVORCE . . . . . . . . . . {~~\ IT IS ORDERED AN D \j' 2000 AND NOW, Karen Howard , PLAINTIFF, DECREED THAT . . . . AND Michael Howard , DEFENOANT, . , , . ARE DIVORCEO FROM THE BONOS OF MATRIMONY, : , , . . THE COURT RETAINS JURISOICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISEO OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~Q0Ar2.. . . . . . . . The attached Property Settlement Agreement dated 2/5/99 is hereby: incorporated, but not merged with this Divorce Decree as well as 7_ dated 3/24/00~- /~~ BY THE COURT: . / //' .,.,. (:-// //" ~'((k',/ A~~_ .lUJ.~- 11-"~OTHONOTARY . . , , , , . . . . . . the Amended Agreement J, . . . . . . " + + + + + + . + + + . . . . . . ~ . . . . . . . . . . . . + + + t . t t + + . " + + + + + t . + + + + + + + t + ++ " . , . . . . . . . . . . . . . , , , ,~' ".,' . ' ., ". " " . \ :,' " , , 't '. ". .' :' ^ \ . '. ," ~ '. . ~", . , " .. , ,- ,~ 1/. 11, .C() /l/~ O{! I'!LJ (JJ;t )-1I(t~id/il C~ .a,~~_,,:/ 'J/t1t"j /It.r:/l/ '!r- .<'1 IJiJr ,/ , '" <( , PROPERT'l SETTLEHEIlT AGREEMENT THIS AGREEMENT, made this 5" 'fl- day of i.alt- , 1999, by and between KAREN HOWARD of Cumberland County, pennsylvania (hereinafter referred to as WIFE), and MICHAEL HOWARD of Cumberland county, pennsylvania (hereinafter referred to as HUSBAND), WHEREAS, HUSBAND and WIFE were lawfully married on January 13, 1979 in Cumberland county, pennsylvania, and; WHEREAS, two (2) children were born of this marriage, namely: JOSHUA HOWARD, born December 12, 1982; and ALISHA HOWARD, born August 25, 1980, and; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the 1 ~ mutual promiscs, covcnants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. SO,pl1I'at:ion: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart. 3. Subsequent Divorce: The parties acknowledge that WIFE had filed a Complaint in Divorce on August 5, 1998 in Cumberland County, pennsylvania to docket number 98-4501 civil Term, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce 2 ... Code. HUSBAND hereby expresses his agreement that the marrinqe is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to section 3301(C) of the Divorce Code. The parties hereby waive all rights to request Court- ordered counseling under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. Date of RrACUti on: The "date of execution" or J " "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Distribution Date: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. MutuAl Release: 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 the 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 or 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 testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, 4 , '. I .' .. + .,' _.,' .,' " . ~, .'.. , . J _' " +' ~: I. , , . whether arising undo. tho lQw~ of (a) Ponnsyl~ania, (b) any state, Commonwealth or territory of tho Unitod States, o. (c) any country, or any rights which either party may have or at any time hereafter shall have for paat, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions 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 and only except all right 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 further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. Advice of counsel: The provisions of this Agreement and their legal effect have been fully explained to WIFE by BRIDGET 5 '- l . ~' , .: :" "" . _ ", 'f' ... "", . ~;' :'. " \" :.' 4. ,.' i . t ,'. .,.' . .' , . WHITLEY, ESQUIRE counsel for WIFE, and to HUSBAND by MARYANN MURPHY, ESQUIRE, counsel for HUSBAND. HUSBAND and WIFE acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily 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. 8. warran~y as to Eristing obligations: Each party represents that he or she has 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 and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out of this Agreement. 9. EXISTING DBBTS: HUSBAND and WIFE acknowledge that there is significant marital debt. HUSBAND agrees to be solely and exclusively responsible for the following balances on the following debts: personal tax (wife) personal tax (husband) accountant fees Morrison Associates (Alisha) Dentist (wife and children) Spiegel $ 11. 00 471.00 305.00 225.00 250.00 454.84 6 \ I ~ ' '_;, '. ,,\ ) '. '. ", ,,' '. " , . . .' _" ' ~, , ,." '".., . , .', ," . . Boscovs Smith Radiology (husband) smith Radiology (wife) Cellular One (wifo) Visa Mastercard Fashion Bug Lane Bryant Sears Car insurance Trailer insurance Van registration Truck registration Supply houses Sewer Water oil PP&L Patriot News Trash Cable Stephenson's Phone (home) Phone (business) Pinnacle (husband) pinnacle (Josh) pinnacle (Alisha) 1997 Income Tax Liability 1998 Income Tax Liability 459.93 367.20 740.10 451.26 1,456.08 1,625.00 104.94 247.34 436.15 585.00 12.00 36.00 198.00 4,200.00 212.65 87.05 381. 09 130.51 12.30 22.76 52.50 18.37 515.00 855.00 609.00 192.00 88.25 2,100.00 6.514.12 $24,433.44 HUSBAND further agrees to be solely and exclusively responsible for paying the six thousand seven hundred fifty-eight dollars and eighty-six cents ($6,758.86) loaned to the parties by Irwin Aronson, Esquire to reinstate the mortgage and avoid foreclosure of the marital residence. In addition, HUSBAND agrees to pay interest on this amount of eight (8%) percent, and any and all attorney's fees charged by Attorney Aronson for the preparation of the Mortgage and the Note. HUSBAND shall indemnify WIFE and hold her harmless from any and all liability for the above. 7 , .~, , ' , :;. J '.',! '" t. .' .~ . >..' ".",: ' . " _',..... , ',' WIFE aqreea'tu be aololy and oxcluaivoly re~ponsiblo tor any and 611 debta and/or loana to Donald Paura and Lavina Stiffler. WIFE turthar agrees to indomnify HUSBAND and hold him harmless from any and all liability for these debts/loana. Both parties acknowledge and agree that these are the only mar! tal debts. 10. WlJrrantv lJB to Futuro Obl1glJtions: HUSBAND and WIFE each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and 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. 11. Harital Residence: The parties own, as tenants by the entireties, real property located at 14 Pocono Drive, Mechanicsburg, Cumberland County, Pennsylvania. HUSBAND and WIFE both agree that the marital residence shall be sold and that they shall sign, at the time of the execution of this Agreement, a listing agreement with Jack Gaughen Realtors, listing the marital residence for sale. The parties agree to cooperate in the sale of the home and both agree to accept a reasonable offer to purchase said home within a reasonable period of time. HUSBAND and WIFE agree that they shall sign both a Mortgage 8 and a Mortgage Note to Irwin Aronson, Esquire at the time of the execution of this Agreement. HUSBAND agrees that, although both parties' names shall appear on the Mortgage and the Mortgage Note, he shall be solely and exclusively responsible for the repayment of this loan, as per paragraph number 9 above. Further, HUSBAND shall indemniry WIFE and hold her harmless from any and all liability for same. The parties agree that the net proceeds from the sale of the marital residence shall be distributed sixty (60%) percent to HUSBAND and forty (40%) percent to WIFE at the time of the real estate settlement. In the event that HUSBAND has not paid the 1997 and 1998 Federal Income Tax liability in full at the time of the real estate settlement, HUSBAND agrees that the amount owed shall be deducted from his sixty (60%) percent of the proceeds and shall be placed in escrow with Maryann Murphy, Esquire for payment of said taxes. Both parties agree to execute, upon request, any and all documents necessary to give effect to this paragraph. 12. Personal ProJlOrty: HUSBAND and WIFE agree that the following items of personal property shall be distributed as follows: HUSBAND all items of personal property located at his son's trailer the living room set, including the sofa, love seat, chair, ottomon, coffee table, 2 end tables, sofa table and lamps the microwave oven the mattress and boxspring the metal rocket bank from his mother his clothing and personal items located at the marital residence his tools and black filing cabinet his foster mother's rocking chair and lamp stand his fish tank and fish The parties agree that the cedar chest and the sewing machine from HUSBAND's foster mother shall be given to ALISHA. 9 ,'~":': ' ,.', " .,' .:'~.. ,".~'. ~;':" '~ <"','::',:,'. ...' '." ....,., ".: \:~":<.':,:,~' ""~. "". ',. '1"" r l. .'.~.'.~-- i'lll.E the video camera her Elvis Presley records the box of mementos from her father her clothing and personal items the remainder of the personal property located at the marital residence not otherwise designated to HUSBAND The parties agree that, with the above distribution, they will have divided all of their personal property between themselves to their mutual satisfaction. Neither party shall make any claim to any such item of marital property, or of the separate personal property of either party, except as provided for in this Agreement, which will be in the possession and/or under the control of the other at the time of the execution of this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the execution of this Agreement, except for those items of personal property designated to HUSBAND herein currently located at the marital residence; and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party at the time of the execution of this Agreement. 10 13. HuobluJd'n Solo ProDriotornhlp: The parties agree that HUSBAND shall become the sole and exclusive owner of his business, Mike Howard's Siding and Roofing/Howard Home Improvements, including but not limited to, all tools and equipment relating to said business. 14. Pension/Rotire.vnt Benefits: The parties acknowledge that neither has accrued any pension/retirement benefits curing the course of the marriage. 15. 1998 Inco~ Taz Return: HUSBAND and WIFE agree that they shall file joint Federal and State Income Tax Returns for the 1998 calendar year. HUSBAND agrees to be solely and exclusively responsible for any and all tax liability relating to these taxes. In the event that HUSBAND has not paid the 1997 and 1998 Federal Income Tax liability in full at the time of the real estate settlement, HUSBAND agrees that the amount owed shall be deducted from his sixty (60%) percent of the proceeds from the marital residence and shall be placed in escrow with Maryann Murphy, Esquire for payment of said taxes. 16. Hotor Vehicles: The parties agree that HUSBAND shall become the sole and exclusive owner of the 1987 Ford truck, the 1986 Isuzu truck and the Suzuki motorcycle. The parties further agree that WIFE shall become the sole and exclusive owner of the 1984 Van. Both parties shall sign, upon request, any and all documents necessary to effectuate the terms of this agreement. 17. After Acquired Personal Propertv: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, 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 purposes, as though he or she were unmarried. 18. lqI.o1icabilitv of Tax LB.." to Propertv Transfers: The parties hereby agree and express their intent that any transfers of 11 . .. property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (horein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 19. Waiver of Alimony: The parties herein acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support. HUSBAND and WIFE hereby waive, release and give up any rights they may respectively have against the other for alimony, spousal support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 20. waiver of SDOusal. SQIIport. AliJ/lOny Pendente Lite and Legal Fees: Each party hereby waives any rights to spousal support and alimony pendente lite. The parties agree to be responsible for their own attorney's fees. 21. FUll Disclosu~: HUSBAND and WIFE each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and 12 . ' ' 'f.. .' ,~"" 't" . - '","' .i.' .' .' .' . '" ", ; .' .': , ; , . '.' ,_ f ~.". ~ " , ' I" ,..... of every type whatsoever in which such party has an interest, and of all other facts relating to the subject mattor of this Agreement. 22. Disclosure and Waiver of Procedural Rights: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; b. The right to obtain an Income and Expense statement of the other party as provided by the Pennsylvania Divorce Code; c. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, 13 including but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 23. Wl.liver or Hodirication 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. 24. Huroa1. cOQperation: 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. 25. 1\i;Jp1.icab1.e La",: This Agreement shall be construed in accordance with the laws of the Commonwealth of pennsylvania which are in effect as of the date of execution of this Agreement. 26. J\g'reeJllElnt Binding on Heirs: This Agreement shall be binding and shall inure to the benefits of the parties hereto and ,their respective heirs, executors, administrators, successors and assigns. 27. Integration: 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. 14 28. Other DocuJlOntlltion: HUSBAND and WIFE covenant and agree that they will forthwith 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. 29. No Waiver on 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 default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 30. Severability: 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 his or her obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining Obligations of the parties. 31. Breach: If either party breaches any provision of this 15 '0... )+. ,';. ~,' ~ ,.....: .:" "'. " ~~. '.\",,~ :t:,..~ \.':',~" :~.'. ..~ ". .. .~,: :'"" ':':" l. ',' ,:.' ,~. .;"."~ .~~.:.., " ;' ,,' ..;c';"""",,j', COMMONWEALTH OF PENNSVLVANIA COUNTY OF DAUPHIN :us: On this the 5'i-l day of \ -&-. 1999, before me the undersigned, personally appeared MICHAEL G. HOWARD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, 1 have set my hand and notarial seal. Notarial Seal ...arlaM8 e, Rodebu:sGh, NOWY Public \..oWO< pax10n Twp. Oaupl1ln CounlY. My c;ommlsslon Eicplres May 10. 1ll9Q ;iwM.' """-t , Notary e. ~b-~ Public COMMONWEALTH OF PENNSVLVANIA :ss: COUNTY OF DAUPHIN On this the 5' '\-l. day of '{ -.J.,.- 1999, before the undersigned officer, personally appeared KAREN L. HOWARD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, 1 have hereunto set my hand and notarial seal. Notarial seal PubiC Marianne E, RUTdg~U50C~:~~~~~ Lower paxton w,.., ~. 10 1 _,..'^" ex','es !.lay , MyCOmn~' . ~" f,(~~ Notary Public 17 ~ ) . ", ','" ,.:' ,': "'0:"" ~'" ,.:' ':,,: '('.',' ;,',;_,':.::':',:~, ",,":.. '~"..".,;~';;....."m. ~",.~_,...,....','.,~~ '" .,' . " . rJ;23/2~ee ~~:~4 '11-657-15;2 I'r.R;.\tr'E E RUC€BUSr.H Ft.GE 02 KAREN HOWARD, PlalntlfTIRupondrnt IN THE COURT OF COMMO~ PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 98-4501 v. MICHAEL HOWARD, Defendant/Petitioner CIVIL ACTION. LA W IN DIVORCE AGREEMENT AMENDING PARAGRAPH It. M~:~E~SIDENCE OF THE PROPERTY SEITLEMENT A I ENTERED INTO ON FEBRUARY 5. 1999 THIS AGREEMENT. made this k~ay of ~/J(71V1 A.... . 2000, by and between Karen Howard of Cumberland County, Pennsylvania (hereinafter referred to as WIFE, and Michael Howard of Cumberland County, l'ennsylvania (hereinafter referred to as HUSBAND, WHEREAS. the parties are tenants in the entirety of the property located at 14 Pocono Drive, Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS. the parties desire to amend Paragraph II, Marital Residence of the Property Settlement Agreement entered into by the parties on 2/5/99 and attached as Exhibit A. NOW THEREFORE, the parties agree as follows: ], WIFE and the children shall vacate the property located at 14 Pocono Drive, Meehanicsburg, Cumberland County, Pennsylvania on or before 5/30/00, < ..........< ~~ i ,...' . ." '~ ':~ "" I ,.., ,..' . ,J ,", . <~. ~ , ~ ~--,,< ..:' ". '. . ". ,'.~' ,'~ 1".' ..':, ,::, ~~'. "':. ~:. . ':" : ';: :.. __.'. -' :':' . :'_:-:~'. ,.'. ::' ~'" "I'.'" ,f ,,' , . . ."I~. '. ~""":i<!.""""""--"" .- ' ~J, 21/ZCOO 1;:20 717-657-15:2 tlAR:A1r-1: E Pl:r€el.r~H FAGE 67 , -AJ,"''d:.-dJ.cn/f1 'I (2 ~Howard COMMONWEALTH OF PENNSYLVANIA COUNTY OF r;./l.fWlI~u<.... SS. On lhi~ the ~gday of _ <..fn71(d~ , . 2000, before me the undersigned officer, personally appealed Karen Howard, salisfactorilyproven to be the person whose name is subscribed to the within instrument, and acknowledge thaI she executed the same for the purposes therein contained, IN WITNESS "''HEREOF, I have hereunlo set my hand wId notarial seal. N~ IrzS (&vJ NotarlaI Seal PubII K&11y S, Baker, ~id c;.~..... Soulh MIddleton lWJl.. c IlI1 """'2004.' My Commission El<pIrGS Feb.7, Member, Pennsylven" Assoc!aUon of NcMl1eS 3 , I I j , I ~.. ~\ ~, ~ ~ , ~. I , , r:~ , ~) '_I U ;, ,..' ": ":,, , ,.',,'. - ',">', '".'~t.\~:,':.,.. ,",: ", .::~'~_;~. ,"..;'~-..,l \_.'-'~:~,l:',_ . KAREN HOWARD, 1'llIintiff UI4-46-210S (S.S.#) IN TilE COURT OF COMJ\ION I'LEAS CUJ\lIlEIU,AND COUNTY, PENNSYLVANIA V. NO. 911-45111 MICHAEL HOWARD, Defendant 191-40-9076 (5.5. #) CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorcc Codc, 2, Datc and manncr of service of thc complaint: August 10. 1998: V,S, Mail. 3, Complctc cithcr paragraph (a) or (b), (a) Date of execution of the Affidavit of Consent required by Section 3301(c) ofthc Divorcc Codc: by Plaintiff, 2/5/99 ; by Dcfendant, 2/5/99 , (b)(I) Datc ofcxecution of the affidavit required by Section 3301(d) of the Divorcc Codc: NI A, (2) Datc of filing and scrvice of the affidavit upon the respondent: N/A, . ,',','" ,". .',':, . . . '!. ",' I',.;' \', " " L I" _.'. ~ '. . -oj . .':' ". ... <""'" 4, Rclatcd claims pending: All claims were resolved hy Prol1crty Settlcmcnt Agrccment cxecuted on 2/5199, 5. Complete either (a) or (b), (a) Date and manner of service of the Notice of Intention to tilc Praecipe to Transmit Record, a copy oCwhich is attached: N/A, (b) Date Plaintirrs Waiver of Notice in Section 3301(e) Divorce was tiled with the Prothonotary: 2/9/99 Datc Defendant's Waivcr of Notice in Section 330 I(c) Divorce was tiled with the Prothonotary: 2/9/99 BY:~(:;>/IGt.AA^,-~ r7 {2,Dt<.-b-cL- Marianne E, Rudebusch, Esquire 845 Sir Thomas Court, Suite liB Harrisburg, PA 17109 (717) 657-0632 Id, No, 63522 Attorney for Defendant Dated: <3 /2.7/ OcJ / I 2 .- ') , " ' r . ; J i , , ; : "-" "" C) ::j C) u ! ...-,... '.. ~ ., ......" , ..~"'., . -.., :c', ',"', ~...: ". :.. ",< ~. ."'<~"' "., ';',' ,'. ."; i' 1:' ',' t ' _': 'r', ~:v;J, ~' .,\:, KAREN HOWI\RD, IN TilE COURT OF CO!1MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " \ No. QJ' . /./SOI (', f....~ { "7?-a)I I CIVIL ACTION - LAW IN DIVORCE Plaintiff v. MICHAEL HOWI\RD, Defendant COMPLAINT FOR DIVORCE. EOUITABLE DISTRIBUTION. AND CUSTODY AND NOW, this 3,.J day of August 1998, comes Plaintiff, KAREN HOWI\RD, by and through her attorneys, Keefer Wood Allen & Rahal, LLP, and seeks to obtain a Decree of Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth: 1. Plaintiff is KAREN HOWI\RD, an adult individual, who currently resides at 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055, and she has resided at said address since 2. Defendant is MICHAEL HOWI\RD, an adult individual, who currently resides at 14 Pocono Drive, Mechanicsburg, Pennsylvania 17055 and has resided at said address since 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 13, 1979 at Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment of marriage between the parties. -2- ;. ""1"':""-" :,' ":,'0,";' ':",,,' ":"~')~ \" '_'"':',.:,';, ~".'j""I:':,""_,,'\,;",,'.'~'..1"1"'...',. 'I,.' 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. The parties have two minor children: Alisha Lavinia Howard, born August 25, 1980 and Joshua Ardee Charles Howard, born December 12, 1982. COUNT I - NO FAULT DIVORCE 8. Paragraphs 1 through 7 are incorporated herein by reference as if set forth at length. 9. The marriage between the parties hereto is irretrievably broken. WHEREFORE, Plaintiff requests that this Honorable Court enter a Divorce Decree in the above captioned-matter. COUNT II - DIVORCE - INDIGNITIES 10. Paragraphs 1 through 9 are incorporated herein by reference as if set forth at length. 11. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, so as to render her condition intolerable and life burdensome. Plaintiff is entitled to a divorce pursuant to Section 330l(al (61 of the Divorce Code. 12. This action is not commenced nor carried on by collusion between Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Honorable Court enter a Divorce Decree in the above captioned-matter. -3- :, .. f:: '. " . ':":. '. ',,' .' ,; ,I' "'. ",' [. t \ . ,\ '; '/_, " ,"; l " '-' J :-r COUNT III - EOUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth at length. 14. Plainti.ff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage from January 13, 1979, until the present time. 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests that this Honorable Court enter an order distributing all of the aforementioned property as the Court may deem equitable and just. COUNT IV - CUSTODY 16. Paragraphs 1 through 15 are incorporated herein by reference as if set forth at length. 17. Plaintiff seeks primary physical custody and shared legal custody of the parties' minor children: Alisha Lavinia Howard and Joshua Ardee Charles Howard. 18. The relationship of Plaintiff to the children is that of mother. 19. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 20. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. -4- , .,";..'. . " .,. ). . , . . ^ ,. l" .. ~ .:.: . '. ,,'""r , ,': ~;. ' , ' '. -' 1. "'. .,.. \ " ," .", {,. ". 21. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 22. The best interest and permanent welfare of the children will be served by granting the relief requested. 23. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order granting Plaintiff primary physical custody and shared legal custody of the parties' minor children. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: August J , 1998 By: Way M. Pecht Attorney 1.0. No. 38904 415 Fa110wfield Road, Suite 102 Camp Hill, PA 17011-4906 717-612-5802 Attorneys for Plaintiff -5- -...,....,,' , I, , ' " .' . ~ . '. t '. _ . , " , '-.- ....f.".". tr, I ~'. -" ...~ , ,'." I. ~.~ . :~ ./1 ~ \.:j ';:-..I ..:;:-, ....... v ~ -- N! -4.: rt ~ 2? ,-1 n.: '- ~ I :{- OJ J J I ~ I ~', '''J '-li V) '-..; 'V lr, 0)~ l.) ~ il "*! .'- ,,) ~ \ -- ~ , Q. \0 b'l ~ j:- ,. ~~l~:'; L~: ( ,..,.. . ..,. ""' ,~)\(; , ....." t{.: , IT> i-'.:..- '" Q ,.... t;: ,. ". .. f.:; .) " ','- ('{.: C'\ ..' () ',.,c IN THE COIlRT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN HOWARD, Plaintif f v. No. 98-4501 CIVIL TERM MICHAEL HOWARD, Defendant CIVIL ACTION- LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on August 5, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 am simultaneously executing a waiver of Notice of Intention to Request Entry of Decree. 4. 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. 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. section 4904 relating to unsworn falsification to authorities. Date: ::;/1/99 , By: ~/IbYlol~t.tJt2/l() K REN HOWARD ~ " " \' '\. . . , \ ", .... " " ,'"" ' . " .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN HOWARD, Plaintiff v. No. 98-4501 CIVIL TERM MICHAEL HOWARD, Defendant CIVIL ACTION- LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !;4904, relating to unsworn falsification to authorities. Date: .:2/5'/99 , '-;.~~II~ I] oIlJl!{utl/'~ KA EN HOWARD ,... 'i> ':': ;.~~ -- lv0 ('>... ~)t; fL c.. Cl{ O' 01 LlI; , I fr'!' C' ,-;:,: I.. L.o,~ " (I) 0 (..'. " .. '.' " , . .' .. :. :,',,' ~\", .:.. .,' ,"j',:.."::., .,' , ." :',,~'.':':' ," :"," '," t.: ';, ....:.:, .t'~ ,; '. -, ,. ,,"~' '~';' , 'P', . ' . . , IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN HOWARD, plaintiff v. No. 9S-4501 CIVIL TERM MICHAEL HOWARD, Defendant CIVIL ACTION- LAW IN DIVORCE ~IDAVIT OF CONSENT L A Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on August 5, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 am simultaneously executing a waiver of Notice of Intention to Request Entry of Decree. 4. 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. 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. section 4904 relating to unsworn falsification to authorities. Date: 2- \' - '1?' ~~ n fIp'/ff-- MICHAEL HOWARD! By: " .,,' .. . ' . , . ' '.~,'" .' . " l' ".' . " .,' ", " ,", "", ,." >- l'- S: "-- UJD f!i~' ':- .-'.' r3t -; ( Cl!~' l.J'":/., li-.!I ' -:j 1--: I' Cl (.:, ;-. ...:'J c c" r t, "-- c't f;", <) '. , ":"1., '. I ...... , , t. ;t ',"- II '.1 ". '. ..: >- V, 0; ..,:) ~=: LJ.l0 (',,' (.J 0: Ce.. '..1 ., r-)l.. j", (7 , Of I u J', -.-1 , ( u: tJ; r:- 1.1. I '. C'l 0 C'\ C, "r ~ . : ", ..,.' ::..'....'.,: ,'.' ,'~:'.~:,::~"','~ ',: :',:<.'> ~', ','. ':.~' "~;-""'~~':".~'" ':'~':":j':'" ','t~",'.,','.~- ""'-,,.',..., -,,, ...,.,-,., , I .., "'. ...~.. KAREN HOWARD, Plaintiff/Respondent IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, I'ENNSYLV ANIA V. NO, 98-4501 MICHAEL HOWARD, Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 0,l/'-. day of ;r~ ,bJt~.~, 2000, I, Kathcrinc A. Frcy, Sccrctary to Marianne E, Rudcbusch, Esquirc, Attomcy for thc Plaintiff, hcrcby certify that a copy of thc Rulc to Show Causc Why Pctition for Spccial Rclicf Should Not be Granted has bccn scrvcd, by dcpositing a copy of thc samc in thc Unitcd States mail, first class, postagc prcpaid, at Harrisburg, Pcnnsylvania, to thc following addressec: Bridget M, Whitcly, Esq, 210 Walnut Street P,O, Box 11963 Harrisburg, PA 17\0\ ,:.,~., ':11':, ',", }. :.....'. _'_,,;\,...,,:~' ",1/,,'_ ':'I~" ,'..,;.~'/:.', '':'.''.,'" .',' "'1 , ;, MICHAEL J. HANFT AnntlNlv&COHN\llton, All.^W If) I\ltom:,wonll AVINUI SHIH 106 CAkll'lI. I'A 1701]-1)142' 717,24'),517:1 IA. 717,~4'),(MH MIIIUnUIf'Ilr(,NII ",,,,,,~~'W':ll' ,,:t~. ',,:~"'r'~J':~~~ri;;":'+?l'J;~;n~~_J' J IN TilE COURT OF COMMON PI.EAS OF CUMBERI.AND COUNTY. PENNSYLVANIA KAREN HOWARD. PlaintilTlResponclcnl v, CIVIL ACTION - LAW IN DIVORCE MICHAEL l'IOW ARD. Defendant/Petitioner NO, 98-4501 PLAINTIFF'S/RESPONIlENT'S REPLY TO IHlLE TO SHOW CAUSE WHY PETITION FOR SPECIAL RELIEF SHOlJLIl NOT BE GRANTEIl AND NOW. this 25th day of February, 2000. comes I'laintilTlRespondent, Karl'n Howard, by and through her counsel, Michael J, Hanft, Esquire, and tiles the following Plaintiffs/Respondent's Reply to Rule to Show Cause Why Petition li'r Sp~cial Relief Should Not Be Granted, and in support thereof avers as follows: 1. Admitted, 2, Admitted, 3, Admitted, 4, Admitted, 5, Admitted, 6, Admitted, 7, Admitted, 8, Admitted, F;\U",rfOltl<r.,j'u",ov."(;,,nJr.:02IMhlWl.lll<pl).nl'l l), I'dmilled, 10, II, Denied. The avertllenls "flhb paraglUl\h al'e 'pecilieall) lknied, b, Denied. The averments of this paragraph arc specifically denied. e, Denied, The averments oflhis paragraph arc specilieally d.'nied, d. Denied. The averments of this paragraph arc speeilically dcnied, e, Denied, The averments of this paragraph arc specilieally d('nied, f. Admitted in part, denied in parI. It is admilled that Mr, Hensel authored Exhibits ..[)" and "E", Said documents speak lor Ihemselves, The remaining avennenls arc speeilieally denied, 11, Admitted in part, denied in part. It is admitted that Petitioner is soldy making the mortgage payment. The remaining aveI'm en Is arc specilically denied, 12, Denied, The averments of this paragraph arc eonelusions of law which arc specilieally denied. Strict proof Ihereof is demanded, 13. Admilled in part, denied in part. [I is admitted that Petitioner has requested that Respondenl remove herself from the marital residence and that she has refused, The remaining avennents of Paragraph 13 arc specifically denied and strict proof thereof is demanded, 14, Denied as stated, Section 3323(1) of the Divorce Code speaks lor itself and only a portion is included in Petitioner's Paragraph 14, 15, Denied, The averments of Paragraph 15 arc a conclusion of law, therefore same arc specifically denied, Slriet proof thereof is demanded, F,It!""rFoIJdJ'IJIlIO...:\'.(",,,d."'ll''',II'!I,1 H'I'I~..pd CElfI'lFIC,\TE OF SEIn'ICE AND NOW. this 25th day orFehruar~'. 2000.1. Michael J,llanli.1-squile. herehy eertilY Ihatl haw this day serwd the l(lllowing person with a copy or the f(lregoing dOl'ul11enl, hy deposiling same in the Uniled Stutes Mail. First Class. Poslage Prepaid. mldn:ssed as 1,)ll<lI\s: .' Marianne E, Ruuehuseh. Esquire 845 Sir Thomas Coun. Suite II A lIarrishurg, I' A 17 Hl') By j);r lIehael J. lIanli:sq~iVc-- Altorney ID No, . 7976 19 Brookwood Avenue, Suite 106 Carlisle. PA 17013-9]42 (717) 249-5373 F.\UlCrF~rdcr'f"lf", l)oc!,'C",Ild<U2"Whll'JI.1 R.pl~ "rd . ,''','~ J >_'.'~~,;:, '.,< :,:.,,"',!'~~:,' :....'. ',:',::', ,;. '~:".:.::" ~_....'_' :"_\"~,'",~_ '.,'..~." "", \,," KAREN HOWAIU>, Plalnllffmespondent IN TIlE COURT OF COMMON PLEAS CUMBEIU.AND COUNT\', PENNSYLVANIA V. NO. 98-4501 MICHAEL HOWARD, Defendant/Petitioner CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this __ day of , 2000, upon review of the attached Petition, it is hereby ORDERED and DECREED that a hearing is scheduled for the clay of , 2000 at o'clock ,m, in Courtroom Number BY THE COURT: ], ~ ' . : I '" ::' \: ' ,l ','oj . ~', .'.' " 1 ' . " .:'., "" '.} _ ',': " ',. . '.' -." lit; J-d," u ~ .) ,iI' "';'- \. tV.1-; 1-'( 1, .<....;., " )/L (, ^ju /fiLti-Lt )----, ::~ > ':":; :;:J .~'_'~'~":'::~~':~\?"~ .:':':~ ~~~~r,~~T~~.'~:',:::,:~.'::I:'.7:~.~..:~~~::':~~::~;'~: t'~~ ' ~ :'-7,~~;:::~~:;.~,:~>~ ,:ll',>':I~: >.~\::.'~: ~:~ '1 '\,::,:,;': ':'!',:,~, '" .~~' ./ .' { .,.. ' ',~ l ' "", " r, : '," , 1 j. ~ . ',. ' ~, , '. KAREN HOWARD, Plaintiff/Respondent IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98-4501 MICHAEL HOWARD, Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE PETITION FOR HEARING TO THE HONORABLE JUDGES OF THE SAID COURT: Petitioncr, Michacl Howard, by his undcrsigncd attorncy, Mariannc E, Rudebusch, Esquire, filcs this Pctition for a Hcaring in ordcr to prcscrvc and protcct thc partics marital property and, in support ofthc Pctition, rcspcctfully reprcscnts that: I, Petitioncr, Michael Howard, is the Defendant in this divorce action, 2, On February 3, 2000, Pctitioner filed a Rulc to Show Cause requesting that the Respondent vacate the mari tal residence, 3, On February 28,2000, Respondcnt filed an Answer to said Petition. 4, Petitioner is hereby rcquesting that this Honorable Court schedule a hearing so the issues in said Petition for Spccial Rcliefmay be heard, '~ .' ': '. ,':,., l. ~', .' .:,', .." ,: l : :" '. .', '. . .. \' _," ,';, " .. t} < " ,.' ." .~ ',~ . , WHEREFORE. Petitioner, Michael Howard. prays thai this Honorable Court to schedule a hearing in this mailer. Respectfully Submilled, ~(,~w.~ r {Z'-CU-()S~/Jd/'--" i Marianne E. Rudebusch, Esquire 845 Sir Thomas Court, Suite 11 B Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: ~(( I 0 () f 2 ",., .'" ~ 0# . KAREN HOWARD, Plaintiff/Rcspondcnt IN TIm COUHT OF COMMON "LEAS CUMBERLAND COUNTY, PENNSYLVANIA . . V. NO.9H.4501 MICHAEL HOW AIm, Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO SECTIONS 3104(a) AND 332310 AND 3502le)OF THE DIVORCE CODE AND PA. R.C.P. 1920.4~ TO THE HONORABLE JUDGES OF THE SAID COURT: Petitioner, Michael Howard, by his undersigned allomey, Marianne E. Rudebusch, Esquire, files this Petition for Special Relief in order to preserve and protect the parties marital property and, in support of the Petition, respectfully represents that: 1. Petitioner, Michael Howard, is the Defendant in this divorce action and currently resides at 12 Mount Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, Karen Howard, is the Plaintiff in this divorce action and currently resides in the marital home at 14 Pocono Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are Husband and Wife, having been married on 1/13/79. 4. The parties separated on or about 6/15/98. . ""',' ,T' ,":"" .'.,"'~ I". '::-":1 ,.:: ,.:_:~:.:~:,r "1" '-", :,.;, ,.', ,.' '.-::"'" < 10. The Rcspondcnt has donc Ihe l'allowing: a. Dcspite thc rccommcndation by thc listing agcnt, Respondcnt kecps the marital homc in gcncral disrcpair and causcs or allows othcrs to cause damage to the property such as holes in the walls and doors and writing on doors and walls. Sce Exhibit "B." b. Respondent refuscs to clcan thc housc in ordcr to make it suitable for showing to prospectivc buyers. Sec Exhibit "B." c. Respondent pcrrnits thc partics' son and pcrsons unknown to thc Petitioner remain and causc damage in thc housc without her being on the prcmiscs for scvera1 days at a time. d. Rcspondcnt procrastinatcd for approximately six (6) months to sign a listing agreement with a Rcaltor after thc initial listing agreement with Jack Gaughen Realty cxpired on or about June 4, 1999. e. The current listing agreemcnt with RcMax was only signed by the Respondent on 1/11/00 after much delay. See Exhibit "C." f. Spikc Hcnsel, Associatc Broker with ReMax is unable to show the property to prospcctive buyers due to its deplorable condition. In his summary, Mr. Henscl strongly recommended to th,. parties that certain repairs bc made; Sec Exhibits "0" and "E." 3 "'. II II. Sincc Fcbruary 5. Il)l)l), thc Pctitioncr has prcparcd thc propcrty for salc scvcral timcs at his own expcnse only to havc it trashcd again by Rcspondcnt and thcir son and fricnds. IIc is also solely making thc monthly mortgngc payment of $709.88 untilthc propcrty is sold. 12. Upon infornlnlion and belief. Respondcnt's actions and conduct arc harmful 10 thc Pctitioncr's intcrest in thc marital homc. 13. Pctitioncr has rcquestcd that Respondent remove hersel f and her belongings from the marital residence so that hc can preparc thc propcrty for sale and she has refused to do so. Petitioner believes and therefore avcrs that Respondcnt docs not actually rcside at 14 Pocono Drive, Mechanicsburg, Cumberland County, Pennsylvania, but lives with her boyfriend at an unknown location. ]4. Section 3323(1) of the Divoree Codc provides that: ". . . the court shall have full cquity power and jurisdiction and may issue injunctions or other orders which are necessary to protect thc interest of the partics or to effectuate the purposcs of this part, and may grant such other relief or rcmedy as equity and justice rcquire against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 15. Petitioner has no adequate remcdy at law. 4 ...." .., ~ . WHEltEFORE, Petitioncr. Michacllloward. prays that this Honorablc Court: a. Ordcr thc Respondcnt 10 vacatc thc murital rcsidcncc and rcmovc her belongings within fourteen (14) days of the date of thc Ordcr; b. A ward to Petitioner the right to acccss the marital rcsidcnce to the exclusion of such right by Respondent; c. Enjoin Respondcnt from entering thc prcmises; d. Grant such other rclief as this Honorablc Court may dccm appropriate. Respectfully Submittcd, //L0~~ E. 12-..Q0..~-"~ ek Marianne E. Rudebuseh, Esquire 845 Sir Thomas Court, Suite 11 B Harrisburg, P A 17109 (717) 657-0632 Id. No. 63522 Dated: ~ 00 5 Exhibit A . PROPERTY sE'l"l'LEHBNT AGREEMENT THIS AGREEMBHT, made this 5" ~ day of i ~ between KAREN HOWARD of cumberland county, 1999, by and Pennsylvania (hereinafter referred to as WIFE), and MICHAEL HOWARD of cumberland county, pennsylvania (hereinafter referred to as HUSBAND), WHBREAS, HUSBAND and WIFE were lawfully married on January 13, 1979 in cumberland county, pennsylvania, and; WHBRBAS, two (2) children were born of this marriage, namely: JOSHUA HOWARD, born December 12, 1982; and ALISHA HOWARD, born August 25, 1980, and; WHEREAS , diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the 1 ,':.', ',,; 'f"~:'",,:::,.,~, ,I/.,-\.J'"',1,:,':1", ~":.':"";'::r~~'.',;':'~>'<-'!':':";:'l'.':::, ':':....."." "..~";. ',,\,' mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. Sep-orntion: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. TnterFerence: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she ware single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart. 3. subsequent Divorce: The parties acknowledge that WIFE had filed a Complaint in Divorce on August 5, 1998 in cumberland county, Pennsylvania to docket number 98-4501 Civil Term, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of section 3301(C) of the pennsylvania Divorce 2 ',l '^\';~':_:".'~':.: ..."..' "I.";": ',::._',:......,.::"!.:.,... .:~.~.','/;t:',',,:-,:~'.,:.:~:~...,:.,.l,l. ,: .,." I . ^~", ',' - ~,'-'~.'''' . Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidevits or other documents necessary for the parties to obtain an absolute divorce pursuant to section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court- ordered counseling under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. Date of Rrecution: The "date of execution" or 3 . "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. otherwise, the "date of oxecution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. S. Distri bution Date: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. Mutual ReIAlise: 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 the 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 or 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 testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, 4 ,. :"::'.' ,',:':': ',..!'~~, "":';:'::""~~""~":~'::_:'~'.'."';: :':-,,'...,':: ".".:: ,;~'. ':,>:'1 , ", '. ,..., "# whether arising under the laws of (a) Pennsylvania, (b) any state, Commonwealth or territory of the United states, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions 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 and only except all right 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 further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. Advice of Counsel: The provisions of this Agreement and their legal effect have been fully explained to WIFE by BRIDGET 5 WHITLEY, ESQUIRE counsel for WIFE, and to HUSBAND by MARYANN MURPHY, ESQUIRE, counsel for HUSBAND. HUSBAND and WIFE acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily 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. 8. warranty as to Existing Obligations: Each party represents that he or she has 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 and hold the other party haI1llless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out of this Agreement. 9. RXIS'l'ING DBB'l.'S: HUSBAND and WIFE acknowledge that there is significant marital debt. HUSBAND agrees to be solely and exclusively responsible for the following balances on the following debts: personal tax (wife) personal tax (husband) accountant fees Morrison Associates (Alisha) Dentist (wife and children) spiegel $ 11.00 471.00 305.00 225.00 250.00 454.84 6 " " :~"..~,~~';:r::c"0.<:.7~ Boscovs Smith Radiology (husband) Smith Radiology (wite) Cellular One (wite) Visa Mastercard Fashion Bug Lane Bryant Sears Car insurance Trailer insurance Van registration Truck registration supply houses Sewer Water oil PP&L Patriot News Trash Cable Stephenson's Phone (home) Phone (business) Pinnacle (husband) Pinnacle (Josh) Pinnacle (Alisha) 1997 Income Tax Liability 1998 Income Tax Liability 459.93 367.20 740.10 451.26 1,456.08 1,625.00 104.94 247.34 436.15 585.00 12.00 36.00 198.00 4,200.00 212.65 87.05 381.09 130.51 12.30 22.76 52.50 18.37 515.00 855.00 609.00 192.00 88.25 2,100.00 6.514.12 $24,433.44 HUSBAND further agrees to be solely and exclusively responsible for paying the six thousand seven hundred fifty-eight dollars and eighty-six cents ($6,758.86) loaned to the parties by Irwin Aronson, Esquire to reinstate the mortgage and avoid foreclosure of the marital residence. In addition, HUSBAND agrees to pay interest on this amount of eight (8%) percent, and any and all attorney's fees charged by Attorney Aronson for the preparation of the Mortgage and the Note. HUSBAND shall indemnify WIFE and hold her harmless from any and all liability for the above. 7 WIFE agrees to be solely and exclusively responsible for any and 'all debts and/or loans to. Donald peura and Lavina stiffle'~. WIFE further agrees to indemnify HUSBAND and hold him harmless from any and all liability for these debts/loans. Both parties acknowledge and agree that these are the only marital debts. 10. Warranty tJB to FUture obliaations: HUSBAND and WIFE each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and 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. 11. Harit:al Residence:. The parties own, as tenants by the entireties, real property located at 14 Pocono Drive, Mechanicsburg, Cumberland County, pennsylvania. HUSBAND and WIFE both agree that the marital residence shall be sold and that they shall sign, at the time of the execution of this Agreement, a listing agreement with Jack Gaughen Realtors, listing the marital residence for sale. The parties agree to cooperate in the sale of the home and both agree to accept a reasonable offer to purchase said home within a reasonable period of time. HUSBAND and WIFE agree tha~ they shall sign both a Mortgage 8 . . and'a Mortgage Note to Irwin ^ronson, Esquire at the time. of ~he execution of this ^greoment. HUSBAND agrees that, although both parties' names shall appear on the Mortgage and the Mortgage Note, he shall be solely and exclusively responsible for the repayment of this loan, as per paragraph number 9 above. Further, HUSBAND shall indemnify WIFE and hold her harmless from any and all liability for same. The parties agree that the net proceeds from the sale of the marital residence shall be distributed sixty (60%) percent to HUSBAND and forty (40%) percent to WIFE at the time of the real estate settlement. In the event that HUSBAND has not paid the 1997 and 1998 Federal Income Tax liability in full at the time of the real estate settlement, HUSBAND agrees that the amount owed shall be deducted from his sixty (60%) percent of the proceeds and shall be placed in escrow with Maryann Murphy, Esquire for payment of said taxes. Both parties agree to execute, upon request, any and all documents necessary to give effect to this paragraph. 12. Personal Property: HUSBAND and WIFE agree that the fOllowing items of personal property shall be distributed as follows: HUSBAND all items of personal property located at his son's trailer the living room set, including the sofa, love seat, chair, ottoman, coffee table, 2 end tables, sofa table and lamps the microwave oven the mattress and boxspring the metal rocket bank from his mother his clothing and personal items located at the marital residence his tools and black filing cabinet his foster mother's rOCking chair and lamp stand his fish tank and fish The parties agree that the cedar chest and the sewing machine from HUSBAND's foster mother shall be given to ALISHA. 9 ~.:: .', _ .: .", . ,., '" l' '", .1'a; ~ '<_ '. . ___' __.,_:....:....."':~'"i ..' . , L" " HI.U the video camera her Elvis presley records the box of mementos from her father her clothing and personal items the remainder of the personal property located at the marital residence not otherwise designated to HUSBAND The parties agree that, with the above distribution, they will have divided all of their personal property between themselves to their mutual satisfaction. Neither party shall make any claim to any such item of marital property, or of the separate personal property of either party, except as provided for in this Agreement, which will be in the possession and/or under the control of the other at the time of the execution of this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the execution of this Agreement, except for those items of personal property designated to HUSBAND herein currently located at the marital residence; and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party at the time of the execution of this Agreement. 10 ,1,1 .~. ',:' ",j:. ,:'t, .'\',", ".' ,.j'; " '.,.'~.,\.,..~'....," .......... '_'~"""'\~I:~:';' "'" ,... 13. llUsb4nd'B Solo Pro"riotorship: The parties agree that HUSBAND shall become the sole and exclusive owner of his business, Mike Howard's siding and Roofing/Howard Home Improvements, including but not limited to, all tools and equipment relating to said business. 14. Pelwion/RotiroDOnt Bonorit~: The parties acknowledge that neither has accrued any pension/retirement benefits curing the course of the marriage. 15. 1998 Incolle TlJX Return: HUSBAND and WIFE agree that they shall file joint Federal and State Income Tax Returns for the 1998 calendar year. HUSBAND agrees to be solely and exclusively responsible for any and all tax liability relating to these taxes. In the event that HUSBAND has not paid the 1997 and 1998 Federal Income Tax liability in full at the time of the real estate settlement, HUSBAND agrees that the amount owed shall be deducted from his sixty (60%) percent of the proceeds from the marital residence and shall be placed in escrow with Maryann Murphy, Esquire for payment of said taxes. 16. Hotor Vehicles: The parties agree that HUSBAND shall become the sole and exclusive owner of the 1987 Ford truck, the 1986 Isuzu truck and the suzuki motorcycle. The parties further agree that WIFE shall become the sole and exclusive owner of the 1984 Van. Both parties shall sign, upon request, any and all documents necessary to effectuate the terms of this agreement. 17. Mter lIcauired Personal PrODert:v: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, 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 purposes, as though he or she were unmarried. 18. J\,pJllicability of Tax Law to Proaert:y Transfers: The parties hereby agree and express their intent that any transfers of 11 property pursuant to thia Agreement ahall be within the s~ope and applicability ot tho Deticit Reduction Act ot 1984 (herein the "Act"), spec it ically, the provisions of aaid Act pertaining to transfers ot property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 19. Waiver of AZimo~: The parties herein acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support. HUSBAND and WIFE hereby waive, release and give up any rights they may respectively have against the other for alimony, spousal support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 20. Waiver of SDOUSa.! SUDDOrt:. AliBlOllY Pendente Lite and T.PtJal Fees: Each party hereby waives any rights to spousal support and alimony pendente lite. The parties agree to be responsible for their own attorney's fees. 21. Full Disclosure: HUSBAND and WIFE each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and 12 . " , , " ,,',.'.,:: ~" ","., '. -~' , t'-,," ~ ~~.' ,.' ",,', . ~ "\"0'-" .~'..' t.~, """ ',:'_' 0 ... " 'f"""~"M,, ot every typo whatsoever in which ouch party haa an interollt, and . . ot all other tacts rolating to tho aUbjoct matter ot this Agreement. 22. Disclosure ""'" Jiaivor ot: Procedural R1.ghts: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code; c. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital: d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, 13 . . . ':. ~~ :' . ".\ _:~,:"".. ~ ":,". ~~: '; ,:'" :" ,>: .~~~'.:' "_::';:~"""li""~' ~..<~.,,,.....:... ...:".. ,:,.'t,' .:. ___,' 'including but not limited to, ~ssibie claims tor divorce, 8pous~1 support, alimony, alimony pendente lite, counsel tees, coats and expenses. 23. "dver o~ Hod:lr:lcat:lon to be :In "r:lt:lltg: No modification or waiver ot any ot the terms hereot shall be valid unles8 in writing and signed by both parties and no waiver ot any breach hereof or detault hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 24. IiutuaJ. COQpernt;lon: 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. 25. JWpl:lcablo Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 26. .IInrAA-.nf; Binding on He:lrs: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. Intearaf::lon: 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. 14 28. ptlwtr Ilnr.IJ_nt=JIf:lon: , 'HUSBAND and WIPE covenant an!:1aqrl!'e that thClY will torthwith oxecute any and all written instruments, Dssi9nments, rolcQccc, eatistactions, deeds, notes or such other writings as may be nocessary or desirable tor the proper ettectuation ot this Agroement. 29. Wo ~fttv8r on nn'ault: This Agreement shall remain in tull torce and ettect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict perforJ:Iance of any of the provisions of this Aqreement shall in no way affect the right of such party hereafter to entorce the Sallie, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 30. .c:mrArlJbility: 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 Aqreement 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 his or her obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 31. Breach: If either party breaches any provision of this 15 '.', l' .t. ' ~. f ,.'" \" ~,..': I '_~, .:" . "l-V..:' ,'","\1'" h:':'\ '. "'_,~' ' Aqr~.III.nt, the other party Bhall have the right, at his or her eleotion, to DUO for damagos for such broaoh or Book Duoh other re~odioo or relicf as may be available to him or hor. The party breaohing this contraot shall be responsible for payment of reasonable legal fees and oosts incurred by the other in enforoing their rights under this agreement. 32. J1AN11~B Rot: part o~ AgroellflJlt: Any heading preoeding 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. Df ifITJfBSS WJl'RR1!np, the parties hereto have set their hands and seals this day and year first above written. ~\S\M ~ }n~~ AI MICHAEL . J'i~: ~l~ ~d';;I1)~ L. HOWARD 16 " , . ,: '.'" "".: :, I '",~-,- '. .":~,,'_ .;._/1:.,.\" :~, !t~"~~ 1M'!":',-\_:,.,".,..~ ,Ij ~', ' .;' , COKMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :80: On this the oS R day of i-~. 1999, before me the undersigned, personally appeared KICHABL G. ~, known to mo (or satisfactorily proven) to be the person whose n~o is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. NolatIaI SoaI 1oWIal... E. RudebUsCh. milk ~ PIxlon DeIJIlhIn lol1Canwn1alon~.loIIy 10,1 ~.~ e. ~~ . Notary Public COKMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . . . :55: On this the 5' -+l. day of '{..J,.. 1999, before , the undersigned officer, personally appeared KAREH L. HO'ifARD, known ,. to me (or satisfactorily proven) to be the person whose name is. subscribed to the wi thin Property SettlelllOnt Agreement, arid' , acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notarial Seal Marlann<I E. Rud9!lusch, N"Fn'X!~ ~ paxton Twp.. Dau.P," 1Q.i1iile My (:OmmlssIon Eiqlllel may . ~ e. t~~ Notary Public 17 I, ., II .) './ '., ,"" ;~":} ."'r I , "'"', _. '. 1'.- '" ,;' ~'> " ,:~~ "~,'j_:<" 1 ~,."~'. ,; ::1';>" '" "" . Exhibit B III :1 '211111I FRI 11:117 r,~\ rJ1 1'1 1\ Il!:"\ \ 1l!:^t.T\ ,\SSC"'. f.llnn: " '. XLS . ' LISTING tC)NTltACT EXCU':SIVE RIGIIT TO St:d. URAl. PROPERTY Thl\ f,.,,,,, f..t'tt'fll1l~"111fel..,,1 "'M""~"'I'I '"' "w "'01 N',lt1tlfd hI U.., tlY, ltt, m..~trf~ \"I' ~I' r.-M,~l,,'nl' 4uO('ltllnn "~I pr^11T1R~" If^'tl , , "R?!\I:~ f.\On..lr~.~. ". ~~\..'f'.' ~., . ((cJ;,.ll. L.. . t:h,.$dt.lJlw LI~ l.~.sU',tS.' .... ,\.~. . Si'.~,.n~ c. \ sf.\.U.R .'l~""::~"\ ~ ~."l ~""ll t. f'IlOl'E1H\' I I.\STI.IlI'IW E ~ 1 "l,1~9 -:-.- \tld".. __..t':\.. V4~"."',..1)fi...... , ~It.\./W()l'."'r'~ .. ~lllnldl','llly r(lty.I"'rOllC~h, I"wnllul'l _ _VI'\,,L.{'j~~\c.v- '" /II.I."~ I P rounil ._C..:~~R . -+,-.n ..' Sd"",lllt'IIIrt..tA.((k4'MI;.,)\"JI'<\ 7(1f1111~ tllld (lrr'lclll t'(,c>~_,. .,~""\~~~.~_ - ~--- ~ ,.' - , h~clJtitk.:\lion ~t1l11tvt fFI'r u.'1I11'1t".lo.\ hJ,'n\llk~tJun rtun,btr. P,II\.t"1 nur"h", dl'f'd hook N;t,I('C"ordinr (1;itel 2. SHIlTING &; F.'iOlNG HATES Ot'I,ISTI:SG CONTRACT IJI-" CoIlle,j "Torm", A No A~\('lci.,tj(1n elf (U1At.1'(1ItS"lllU ~~l (II rr~'l'mm~'ntlrd Ih.: I("U11 of lhl' l:oolfJ("1 ny law, the lent1h l"f' l('n1l c"lf .lll~tu)C (on. 11;\1'1 m.lr IIll' ",'\~'<,elt ('lit' )'1';\1, Olll}..('1 l\ll!1 $to.'tkl hJ\'r d"nJ"'e'd J,flti"r,T"r'd uron lht' Ie'nf.lh 01' It'11ll ("I ( Ihi~ (1II1tr,\" SI3rllng U:slf:Tlu\ (\,)lIlt..,~ 111.lrl~ whl:11 ""y,nrrt hy Brn~,., and Srlltr, ur.lr,o"o: l'thc,wift "1:\tC'rlll~tr'1>..C:C':"~~..~.7~J~ f;ndin21J~1.: Om ,onlml en," un :Jv("'...l-,-/.,.'JAct':> ..- ..._..~,--~'.,._" ,...,. ,"'" -.... ...,,,.. -... ...--"._" '"...~~ Il r .1. Pl1U'OSE Of TinS CO!'iTRACT Sdkll\ tllnnr,lltoker In ",",kel Pro('cl!l and 10 find .11'")',, Sdkr WIll lOl" all olle" .nd '"4uine' 10 8m!..er "'"lIrr ;1110",' Rrolc:e' t("l W,t' prinr :mdlM ,'le\'Il,'l\u' ;ldvt"rhSll1~. nwk':r 1\ al'tmr. 3' SellC't ^rt.1I1. ~s c1C'saibc'd in lhe COII"UtllCr ~l)lit;C', ~. BROKER'S fEE N"A\II'".~un l,l REALTORS';' h.", '.t or re(;,'~!;/nd~d Ihe Broker's fee,llrukel anti Sell" I.." oegoh31ed tho Ire thai Sdlcl \\,,11 pay Bm!... 11,. Rloker', f.e i~ . ullfmm the ,.10 Ph,' ",,1 p.lid loy SeUer. S. coorEIlATIO\ WITH OTHER BROKERS Lic,'n,,'e has c'p!ainod Blnker', <nmp,ny IX,lidr; allollt ,'oop.:ratin~ \\',th "Ih.r hr('lI;N$, Hrokt't "uti StlltJ' ;'I~I(t thnl Broker Wilt pa\ fTOm Brnkl'r'" F~(': A. ... fee to Ollolhft l..oker who repre..ol' Ih. Sen.r (~~GE1\'t, 0:\0 (!(Ve'~ Jr Yelf., olO1C\Unt: __' 0 _ ollfwm the- ::-ak prin' BAr.. III anlllh.r bmk.r "hn represenls a buyullll1YER'S hla;NT1. A lIu.'..r" A~.nl. e"en if compensated b~' Jlroker or Sollor. mlll'epl'(~ol)1lhe inleresl< of Ihe buy... .n o NCI e::("y(') 11 yl'... amnunl' ;:3-/0 l...,f/f!(11l1 lhe 51llt rrk~, CAr.. III .n"lher hrllkg Yohll dne. 0111 represenl rilh~Hbe SeUer or a blly'er (TRAI\iSACTJO:'\ L1CE:"o'SEEI. [j NC'l er-VfS lfYes.lU1l\ltll\l: ____;?..J.!L---- of/from lh~ ..<tIc prict'. 6. rADIENT OF BROKER'S FEE ,,\ Stllt:r mu~t pol" Hrnkt:r'~ Fee if Properly. or nuy oUl1ership lntere~l in ii, i" ~nld lIf 1:\l,,'h.lt1gcd during the length or term or tbis Conlrael by Broker, Broker's agORls. S.II.r, or hy .n~' other person or broku, allbe listed pric. or .ny price acceplabl~ 10 Seller. S Scllt'T v.ill pay Brnkcr'~ fee' 1( negotiations thnt are- penumg 31 the Emling DalL' of thill Conllih.t resnll in:\ saIl', C St>ller will pOly RfOker'~ Fee ;\fIeI' th~ Ending D:\\1.' uf lhi" ContraC't TF' (I, .\ ,.Ie o<ellr< within _1%.Q. dAYS 1.1 tho Ending D,te. ,\ND (2) The' buyer witS shown or n~~olialecll() huy the Pmperty durin~ th~ tfrlll <,f lhis l'Olllrt'\(.t. Seller mil not 0"" Broker's Fee if' the Properly is IIsleel under au "exclusive ri~h1to..1I enotract" mlh anolher broker al lbe time lIf Ih. sal.. 7, RROKER'S FEE IF SAI.E DOES NOT OCCUR A. Seller "ill pay Broker's Fee if a read)', willinr,. and .ble buyer is founel by Broker IIr by anyooe. including SeUer. A willing Imra I" one who will PilY the listed prin..' or mure for the ProPE>rty, ilr one who bas subltUltc.:ll an offer Olcccpted by SeUel' B, li the Pr'll"'y.: or allV part of it i, "k.n by :U'l' gt,VenlOlcnl lor public u'. (Ennne", Domain). SeU,'r will pay Bmker .:..-_ ~L_ of/from any I\lemey rnicl by the go\'crnment. C. Tf a huyer lIigl1~ :Ill .1~l'eell1ent of snIe I.IV!n rcfuscl'i 10 huy the Property, or if il buyer is lInilbk tu buy it hf'ei1u~e of fniling [(l do nU the thiJ~ rs:qulred of the l:l\l)'CT in t.h1.'agrcf.'ment of ~31e. Seller will PilY Broker: (J) ,;Jc!i: olllrom buyer', d"1'n,it lOonies. OR (2) the Ilrtlker'. Fee in Por.gr.ph 4. whicheve.r is Ie", R. Ol'Ar. AGF.;I;CV Sell.r a~ree~ that Broker lIlay alsu rcprcsont the hllyer(s} 01 the Property. Broker is a DCM. AGE:--, when I'el're~entin~ bou, Seller nnd UJ( hIlYL'f in Ihl' ,,,10 01 0 prnpenl'. Designated Agency: o "01 Applicahl.. IB"'Appticable. Broker. as lbe Du:1l Agenl. may de.,ign.te licellsees to represe'nt U,e sepAl'atc mtere,lS Dr SeU,r nnd u,. bayer, Llccn"cL" (identified ahovel i~ the De::>i{!n<lred A~c.'"nl, who will al'l (,:xclu~ivC'ly as the Seller Age-nt. If Prupl:rly is introduced to the ~llyer by '" Iiceu5ee in tile Company who is not TC'presenting the huyer. ,h~1l thilT ticens~t IS i.mthm;7,eo 10 work e1l1 behnlf of Se".IIe-I', U Li~~('nse(' is :Ilso the BUYl"T Agent, then t.icensre is il DUAL A(jE~T, 9. BROKER'S SERV1Ct; TO IIlJYER Broker mol' prnvide s'Tvicr; 10 a buyer "or which Bmker Illay a<,(epl" Ice. Such ,orvic.. may include, hut are not limited to. deed! doc\IIoenl pr~pnratiun: urlkring t'crtiflcation~ required for dosln!,!, financi31"ervice~; title tT3n~fer and p1ep:uiltinn $crvices: ol'd(',1'inr:: insuram.'c, l.:unl'ilruction. repair, or imrectinn servk('!;, Bltlk~r will cHl\close to SeU~r if JIlY fl:c.. ,Ill.! 1e,1 bt" l';lid by Buyt"f. to. OTlIER PROPERTIES Sdlor agrcc' tha' Broker nl.\' lisl OIh~1' pmp<<ri., 1m ,ok ,'mllhal Broker m,y sho~' ol'her pruperlle, 1\1 prll~l'("~1tv~ "\I,..('r~, 11, CO:'\lFI..ICT OF INTEREST A t"l."O,el (lJ ,,"rn'.<;t i~ whe,n RI~..,l:el' or Lil,'(.,nse~ hns:l f1na!1l'ial or per~('lnill imeresl wile-.tl' Brokcr 01' Lkens~~ (iUlJlOI put S~.lIt"r's ull1.'r~.'sls bl'furc: any other, if the Bwker, or ~\l1Y of Brok('r's salc~p~ople. 11:\$ 11 tw!thc:t (if illtuC',~I. Br('l-;l~! '-"11111<'111')' Sdkr in It hrndy OlannC'r Sell" ("itiol' . Y!lf..J "J'f/?/t ~.A!,,",t;Y!\,i}~"i.. ^~-;oci:\tiol1 ('Ir I'aj!l' 1 of .~ Ilrnkrr/Lir('n""t'(> Initial.; .A<i-- Il. ~KITI.f.MI',i'l'l .'i. l'OSSf;'i.'IIJ' n. Pldt'ltt:lt St"ltlcllll.lll U.lh~ .___ n. ~('lIcr,'^,1II ~i\l' r~l\"t'>~itlll \$ Ibe' P(('f)(rt) f,lI'U\'CI ..1 "rn"'r,II"IIJ 111 ,\I, ..~._.'_.. ,. ~ .,_H"...,... C, (I) If Ihr p,.oprrh or My r,lrl or il. i~ rc-lIlr"tJ. Srllrr }VIII ci\ (' .,'JI)' lu'tc Vi Hw!..r, h,foff" \If,:'l'Oj: Ihl\ ('(:011,)('1 . f', It NlY le"t' i1f(' 0131 Srllrof" ,1I1'liWIdl" ;1 ",,"Urll ""mnl.lI.~ II' Ih.. It'n1\\, IIIdllltin~ :l.1ll111l1l1 Ill' rrlll. 1":,11u).' 1..1....lt. tJlrt lelMJlI'$ It~II('lIqhiJllit'.., ,1) Sdkr \\'ill lI..t ('111(1( in'" III fr"nl'W ;wy Ir,ltll" dutlnJ' rht' I('nll (If lhl\ ('onlfJct l'Hf'ltl J\ (ollny,..' -- I.\.lnu. t\ AI ~I'Hl('nl('nl Stlltr ,\,11 ~I\C full lIyht...,( lI"lll'l..llll' Hn \I/IIph i lu.. hu)rt ,0"t'I'II1\ Ivllo\$ III MinC'I,lll~j~lit\ ,\(;1t(,I1I('111\ 1'1 OU"I ,_ B S\.lhl h.., o 'I" 0 '\n ~101tr..1g(' \\ tilt At1dle~~ An'l U Fqu'ty 111311 Willi Addre'l .___. ,__ ,____._.__ __. 1'1I":lC A((t. n ___"..._,_ .,.______,_~_ Aml)IIUf III hnl,1Ja'~. ~ .,___________ Sl"Ik"r aulhnrvn Bh)~n to 'dXl~l: mollril~,~' P;')'ulf rulll/(Ir ~qui') lu...." p.1)l1tr mformallon twm lht knli~'1 Pae;1 OUt T:J.,ee; Judgmenl' 1)'1>< ___________....__. \-fu"klpal A....c....U1~nh Olh.. :\JI101l1111- _______,_, _~,_ ,~~.____,_._.._..~,,_....'. ,._,___,__,__~_____,__,___.,____...___ r. If Sellet. at :m\i Ume un or 'linec lanuarv I, 199~, 1101\ heen ohl1!:illed h1 flil}' ,",uppmt under ilfl (lldel' 111;"11 i~ nl1lec~'f(1 in "UI)' PelUlSylvoni, ,,'unry, li'l Ihe cnumy and the [Jome"lk Relali,'ns Number or l1",kel Number: ____._ _____.___..__ 14. ~UJ,J'IPLE L1STI/liG SERVICE IMl.S) I ('ompkh' ,f Ilr('~CI " . member ,,1' all MLSI [3"""'" Bfl.\J..\.'r Will U)~ .\ ~l\ltiplc' LlslUlg Sl"t'Jll'\' III ad\'l:rlJ!Oll' thl' Prupcr1)' to uthl.'lll."t1.l \.')10111.' l'lJJcspcte;one;. who Cill1lclllheiJ clients and t'uMomer.-. uhout il Seller ape" thai the ~fLS. the Rroker. ilnolhe Li~.en'ee ,:ue not re'pom.ible for mist.'\kes i11111e MLS descliption of the r'lIpellY o Btoker will I1N me " Multiple Listing St"r'\'ke: 10 ;l<l\\'nh~ lht' Propt'rly to Nhl"r rem ~sll\ll.: )ah:l'lpn~on:o. IS. Pl'DLlCATION 01' SALE PRICE A Sl'Ikr i:. i\~\.at" lhat nC'\\'!:tp3p~r.; mrsy rul1h~h Ih~' fln,ll '.Ill" pnc.:~ after ...~1l1l.'nh':n1 R, Sel!9 will allnw puhh'l;hing of the' "J!e price after Seller :J~cepts:m A~l'e(,lllellr (If Silk, IlY'\'c. 0 No 16. SIG~ & KEYS S,lIer .lIuw, (wh<rc pcrmillcdr ~.s O:\n Sale Sign DYes 0 Nu Kl'Y UlomC" DYe' 0 Nn 17. ITEMS INCLl!DEO IN THE PRtCE OF THE PROPERTY A. l.nclude~1 in Ih~ sal~ :Jnd Durchilst" peke. ate. nllr,\bhnk! item') pl.:'rmancntlr Ul')tHlkd In Uli,: Propen:..', free of liens. incluctin.-: plumbing:: henling; lightinf: fiXOIre$ (inchuJiug Ch.U1Jdil:r~ amll:titmg htn:o.'I~ wall.'r trtabncnt \y~lem!.: pool ilnd o;pl1 equipmeut: garagl' duur opener) amllIlU1srniUCr); tell-visiun antennas: shrubhery, plantmgs. and unponed trees. any rt"Ulilinnlg henring and l'ookmg fuds )lored on lhc Property allhe time of "ettlement: wall to wall carpeling~ wlndQw C(WtriJl~ hard'War~, shi-ldes. Md ~u~:~~~~_j1~~ b~n 'I'Pli.nc~~,,'l1d Ih. rall~e~veU~~~:~IC~~ed: _~ltlL=_~~~~:':'_~~.-=~ B 0 See\atlaC'hcd ...h(!el for iJddiri\~n:J.l itemo; Included in the s;!le, 18. ITEMS r-;OT INCLUDED IN THE PRICE 01' THE PROPERTY Th.: fulluwlng items arl' nut indutkd in (hI.' purcha"t" and plice ()f lhe Prnpeny: ,\, I'lh1tl(" AI1\llUllt of t'l,\b..,~'~' f) n 'Ie, n Nn 0''<> n Nu n Ye' o Yes lJ No n ~(l \nlOunt owed C, Amnllllr':i DYe, o 'I., o "CI n ;\tl \IIIi1Uflt' ~5 B"Y,,, o No o Nn Snld Sign L(ld.. Bu~ U, He1ll5 r<lI1<d by Ihe Seller _, __________.___,_._u____. ,,_____ c. 0 Sc(,>\lfach~d she-e[ fl"lr additional ill'ms nol induded in the ';ille 19. SELLER WILL REVEAl. DEFECTS & E;<;VIR()~''lF.NTAI.IIAZAROS A. Seller (Including Sellers ex.empt from the Real Est.1ft" S~lIer's DisdClitlJ'e Acl) will di5dos~ till known malerial def~cts and/or el1VirOlUnental hazards Oil " s~par;!te discloSllJ't" stll1elllrnt. A ltuHc:rialll\:r"l't IS 3 problem or conditlnn that: (1:1 i::; n p('ls5-jbl~ danger to (hose living on lhi: Prop~~rty. nr (2) ha.. iJ "ignific:.mt. ad\'er!'lt" effect on the villut" nf (he Pn....pt".l'ty. B, If Seller filils to lell of known lnilferiaJ d~ft'('{s !U111/or l.'nvuunmenlaJ hazard\, (I) Sellcr will n(lt hold Brok~r ur Lil'cn'i(>e H~'ipOn~lhle U) \lny WI'Y: (2) Seller will protect Broker and l.icen~ee from any cl;1i.ms, l;1wsuits, iUld fictions IIlill rl':Hl!t: (J) Se'lIer will pay illlof Broker's and Licensre's 1.~(I)b UlaL rcsull. Tru:-. indut.ll..'s altuml.:')-.\' fees \lno cnul1'Ol'dt",[t':d p:lym(':ll[S or st'nl~mt"nl:; {m(ln~y Broker Ot Li('CmilT pays to end:J 13\\'~tJn or claim) 2U. IF PROPERTY WAS IJl;ILT IJEFORE 197M The Re<ldenti.1 Le.d.R.<ed r.int Ho,ord Reduclion Act "'l" Ihal an)' Sdlc'T nf propel't,v huilt heforl? 197R mu.oit give the huyer <Ill EPA p;llnph.lt>,' titled P"l/t'('1 }'olfr Family From Lf!ad ill You/' Homl' The Seller Jlso mllSl tell the huyer ilod the Broker what (he SelieI' knows abollllc:nd-bnsl."lJ pnint and kad.btlscu paint ha7.ard~ thar .1re in or on lhe. pro~'erTy being sold, Seller must lell the buyer 11(\\\ th~~ Sell!:r know): lhalll.:;..uj.b.1~ctl paint i.u1d lead.\)ilo;ed pain! hnz,lnls ar~ 00 the property, whcre Ih".lcad.ba~cd paint 3nd lead.hol'ied polint hil7,iJrd~ nre,lhe c~'I\ditioll (If the ~MiJUt'.U SWhlCCS, :md any other \nfor.. \lliltinn Seller know~ ahnut lead-ba."ed painr and leild-hilSl,"d palm hazards onthe property, Any Selke ur OJ pr.::.1 Q7R structure mU!it also g,ive fh~ buyer :J.ny recorde; and reports thai lhe Sella 111.15 or nUl gl,"t about lend.b.lsed pninl (lr Ic~d..hiJ~ed paint hil7.ilrd'i ill Of i1l'onud (he propelT)' being ,501d, the common m'eilS, or Nht.:r liwcllings in mulli-ramily housing, According to the Act. n S~IIf"J' m\lsl gh't: n bu)'l"t 10 dflYs (1I1l1r$s Sellerl\nU the: bUYl.'r a!;rrCl~ to a different period of rime) from the lime JIl Agrl,"e'IIl("ut of St\ll,". is ~igncd 10 h.l\It" n "ri,s,k "~!:lessuu::llt" or i.nspeC'tion for possihle kad-ha!Olcd pilint h:v,ards dune on ,hI: prnpl,"Ji}', I3uy~rs 111.\)' (hoo!:lc:::oot to have lh~, risk a....sc~smcril or Inspection fnr lead rtaillt hi17.:.ll'd,'i dOIlt', If Ihe huyer ch('l(tses not (('I hn\'l~ lhe :lsSCl'll'lm~nt or lll'ipection, thl" huyer must infom1 the Seller in \IoTuing of the chl1ke. The Act doe::. IH."l1 J'~ql1jre {h~ SeUer t(l U1spel'l for h-:-ad painl ha7:3rd" or to ~~OfTl"ct lead paint hazard.. ("on th(" pmperty The Act dl"lt'," Ill'\{ ilpply to h(lll~illg huill in 1971:t or Irth."r, n 1/ II S....lh'e Initials ~.tl&fJI(/(rf.l Pa~(' 2 of :\ Br()k('r/Lh-<'I1Sl't~ luili:Jh '1..... \) ~ "I :t :nn" rill I~:IIO r.\\ 117 7~1 ,~ flr~\\ flr~I.T\' H~II( . flJnn~ I' , I . . t . , ,t '. :I, ut::rO~IT~lO' E\ . . A. "fold'r, I)T :my 1\t't\OIl ~..Il..r M.1 tht' "lIyt'rl\~llIf' in lht' ArlC't'mC"lll of ~31t".lw\,\11 In'fllllll th['t1\11 Il'IIfW'" r,1I<1 11\ N f('lf 1'1~ tl:I)'rf iJl nu ~"('rnw :1ccnllnl 11 111'''111> nw~~r, dll\ t',rr~\lo ,,(nlltnl 'W'Fllt t,.,., hd.I,H r,'quir:d by tt:tll'1t.'h' h',\'n'l'l~ l,jw" \UlII '1'~I!tlf' lIum S"IIl!l' 'rite, IhM lilt' ~I'('n ~t('lllll~ ,h~ 1'("IU11,:, "\(IIH"" m~v \.\,Jlf 'II ,kru\'l an\-' 1I"L...hl"t' ('hod \11," 1\ f(,'fl\'tc' A\ d(f\O\l1 ml.ml) unul Sdhr h.h ~\'arltd ,\11 ofY"f II I! \('lle"t 11ll".. BrnLf"1 f" t lfrrhl'"l'" tn .llJw'IIHl 10' tl'i' ll'laU" .'1 tkp'hll mt\IlI<"\, "tllI'T wllJ r,l> U'l,l..,,, ,~Ild LIl~ f)..,'/'\ Jum. IIr>" rC'...~ .\I,d \"o!ot\, ::. Ilf.COV~:IlV n~(l l'tUJllyl\'.ull,' h.H,' Rt"l E'I"'" J(W'HI) /"Ii.lllh' FUII.ill""",}' >II}' Wllt'lI wi:" h.lI It(t"t.t,'lin~l l"lllU1 n11mr. 1\'\\'11 JUtIYlIIl'nl1 ,'(,Un'l ;, I'l'nm)h1\J\I,t 11,11 1',1;11\' !J\.\'n\,'i' h,or;,Ihl" I)f fri\\Id. mi\rtr1t''l>I'111il\llln. III lkl\'lllfIlt r",,1 t~l.1tl" ft:611~:I('II"n ltle hllld It'p..'" pt'I'liUl'" ""Ill) II.1\''' !lol ht't'I1.lhl(' In C(lll.-d IJh' .IU'J(fIIrnl il.Jt~'f tn'lny. JIII.",dul \\01\" III dn ~n Fru ((Hl1flltlC' c1tlJlh .,hUIIII"'" Funlt. 1";111 "'1'1i 'lRl ,~h~K III ,~nn) S,',' 'n1 t f\\lfllllll'rl\ll'nh"t'll.ll.1n.t (In, '1:,n -IR\.1 (1I111,lIt(' t'('IUh\oJ'hUU". :3. rRANSFER OFl'llIS CO:'lTIlArT ,\ Rlnlet'r wilt nuU'\, 5dkr Immcdultdy in l,l,"1Ilfl~ I' nlll~'" ILIII...I(", till' C't.,ntr,1d hll\1l0lh~'r \')rohl \\ kn II' Ilrl't;tr Slor' ,1.'lll~ hll,;n.". OR f~' nrolo.o 10m}) n n~'" r~a.J ('.\lal~ hll~in\'\." OH (.l) DrC'l:tr j~"lInt, hi" hU\Hl('" \Vl1h 3nNheJ, Sdkr il~teS UI~lllrl'ktr III~Y tr,uafer Uus C\,"tr~~llu .lh)UI~r brokn I3r,'kel will nul,f}' StU.r u'llm'lh.ld, In ""Un~ "It,;n ~ tran,ret C"l.:l"UT' c..I' Btvh:r ~llllu~r LJH!' Il}!ht In rtJnt,fpr Ihl~ Contract Sellct Will rulIow JII r':4un('",~nt' of rhl' Cnnt'iI,<' wlrh lhco Il~W IlIlIkel U. Shollh1 Stller ~ive OT fT.u,fer the P'Optlty. or ,lIl oWlImhip illltlest ill iI, 10 "'1\'OUt (\urin~ Ul. "nil uf Ulis t\'"\r.lCl.I~1 u'.n. t'1~ will J'nU~'w rlH" rC'quiremenls (If Ihi~ COUlJ:l(t. Z~. :>:011('E TO PERSONS OFFERING TO SEI.L OR 1lF::->T 1I0USL"'G IS PE"1\S\i.VA....lA F.lk,.J and 'laic law, makt 'lllIc~a.J lur Seller. BlIIker, .', ""yunl'10 U>C RACE. COl.OR. RELIGION ur RELlGtOt:S CREED. SEX. mS.\RlI.JTY (plt}',ic.t nr mellt.I), FA \ffi.lAI. STATUS (cJlIldrtn unde, l~ yem of a~e), AGE (40 or nlrltr\.I\ATIO:-:AL orUGL". t:SE OR !lANDL. INGrrRAlNL\G 01' SUPPORT OR GCllJl'. ANIM.~l.S. or lh~ FACT OF REl.AflllNSHIP OR ASSOCIATION TO A" !'1m. VIDCAl. KNO......N TO HAVE A DlSABIl.ITY 3' leMOUS fN lefllsin~ 10 ,ell. ,hnw. or "nl prol'enies.ll,alll1loIltY. or sel dtl'osit ::\l1l0lUm., (or ,lS reOlsons (N any d{,"d~iou reJntinr. h' 01(' );\k of rtOrCtl; ..:0, :'\0 OTHt::K CO~I R,\CTS Sdk'r will not .::nfn ,"10 anC"throf ll'llng apeem..:nt With annther hrnker thill he-eim hdnH~, the Enchn~ f).1le uf 111l\ ConlT ;11,:1 26. ADDITlO:-:AL OFFER~ ONCE SELLER ESl'CRS lJ\ TO AN AGREh:vlENT OF SALE. L1ROKER IS NOT REQl'IRED TO PRESE:"T 011 U,I{ OI'I'ERS, 27. ENTIRE CONTRACT "flu'll Conu3~lls th..'l.:l1tm' ;tp,lccml.':nt b.:t\\'~rn Btokel and Seller, Any \'erh31 (II wrinen agrro.ements, th.u were made bduH; an.: nnl a pari or Ihis Contract 2~. I"HA:"\'GF,s TO THIS CO'iTR.\l.'T ,~lI chall~e~ to rlu, conlraCI OlIlSI be in Vlriling "lld ~ign,d b)' BIU~('r and 51'11", 29. SPEGAL INSTRlICTlO:'lS The Office of Attorne). Gcn~rli.l 11., oul prc..ppro','d allY ,pcmd eonditinn, nT .ddllinn.llelm, alltkll by any P;ll"I1L'S Any spl'l'lal lO~ITuct1nn" '" the \,ontr3ct l1lU~t cOOlply with the Penn.'ytvania Plain L.1n~~ll.l~~t" C0llSlune-r l'mmOlcr Ac:t. A nTn'I',n".." I Il\JrnD'" 4.'T'U\l\,= fnDTIOl\.' A. \ .so, TA.'l(ES,I'TILlTIES. &. ASSOClAT\o:-; FEES A, At sC:lllt"m~lIt. S~lIcr will pny oJ"l.e-haJf of th~. total Real Esl3te Transfer Ta'W.Oi. unlcs'\ otherwi..e ~t;}tec1 here: . - _. -.---- B R.:al ESI:lIC Prupt"rl)' Tax /\ss~'\..ment $ ..________ Yeilrl)' Ti1xec; .'$--- - - \VJge/lncoln(' T37\. ________.___' Per Cnpit:'tl.ax ~ C. ESlinli1tt'd lItiHtie'511l"ilSh, w:ller. sewt'.r. e'lt'ctn{~. ):':ts. 1.1I1 ,:It..) ,._,.____ -._,_.--._.--~..,'---- -...--.-...- ~ _ ',_' ,_._,,_.___~.._._.. ... ._..~....' _"_,._.,._...,.,_._.___._.,______~.'.,'..n._ _.... ..~~_. _ D. .A.....lic..'l'i:\lion Fc('!) 5 ___'___.__'__"~___. Illclude:__,___.._..,..~..__.,_......___.__._ ...--.....--. ---,~-. .--..----.,-.- E Olher 31. BUYER FI:-:A:-ICp,.;G SeUer wiU "ceepl Ule followil1~ arrangemenl; ror buyer to pa)' for the Property: o Ca,h o BlIY~5.\:1I .ppJ)' f~r. ~'on~3ge. Type!s) of mongages "'~tnble 10 SeUer nee: f:!r)t"s 0 ~(1 (onw'olll1nal ur'Yeo,; D:"Jo FHA e(y" 0 -":n VA 0 Y., 0:\0 ___ .------..- o SeU<r's help t" bll"rtif al1)'): _ _....._...._.. __. ... .. ..-.,-,. ... ,-."-'- .---------..-.--.-.--. .. . Seller has re.d Ibe Consumer Nolice a. 3d"pled h)' Ihe Stote Reol Estote Commission nl 49 r.. Code ~35.336. All Seller, mu_1 sign thi.. Cnntrad. NOTICE IIEFORF. SIG'lf'iG: IF. ELLE SELLER :-I3me (pn 1._.__.__..__ __._.___ __'_" :,!:tilillg Adclre5'__ ._____ .__.....__. ____.___.__... ... ---..------.. --------..--.---.-..- Ph"ne #., _...._......__ ._._.. ______ ..._. FAX # .... ... __ ._._... . .._....._ ..... .___ E.Mail _'--'- ------.-..- .-..--'- - -- SELLER ?1?~,~~A., 'am~ fpnnt) ____. ..__..,..,.. '.. ".,_,......_.._... ,....,. .,.,., t>.failing ,....ddle<;<; Phol1e #s . ____._.__.____. __ S LEGAL QUESnONS. SELLER IS ADVISEU TO COi'iSl'LT AN ATTOlU,rEY. .__.____..__._ ~:;~ctV~o_<;__ ___ ~;N~~'f)_l~~JL__ FAX ~ F..Mail S";I.LEK N;lI1le"{pJ'int) ____,___~-=- _~:-==...__ ~'1nilill~ Address______. ..________...___._._ Pbone #s . ___._.._ FAX ~ . ._........__.___. ..___ __.._ __._.__ E.M.il ~~'~~::'~:;.;~~!).'~'_~~i~lu.Qi.,; .~~>Cl,,-:ks Mailing Addr""_~~~_ :J.:t..LC::fi[ Phnne"' '1(,,1~<'3t'l'.. H. F~X#.7(;.1.- 14'~". DATE S~# r.,...Tx;; \ I" \nCl , F..~lail ~!l~_~~..~(i).<J.~JJ~:h~it!'<':.f , \ . : :"'," .. ' ' , "', " . .j I ,I ' _, '. "',," . ' ',:' )..' I \ ; " . ~ ':. . ~" ' 'f". 't I.' . . . Consider renting space in a storage facility to store unused furniture, toys etc. . Clean all doors and windows and paint whcre necessary . Wash walls and paint where necessary . Repair family room ceiling . Tighten the railing above the stairs . Repair the smoke detector . Make sure all lights are functional . Paint patio floor and straighten up or store all lawn furniture . Paint exterior trim . Clean up yard, leaves etc. l j~ ~~,(/QW ~~! Prepared By Spike Hensel. Associate Broker Re/Max Realty Associates . ., ~..' \ '..... \.~ .','" 'I" '. '..~,._' ,',:," :".',';' .' ::. t., ,~'1,,', : ." ';.' ,', . "" . . , . Exhibit E <' ", .,.. MICHAEL J. HANFT Arrnf\NI'V & CollN"iIIIOI\. ^T l^w If 1 IhuXH,W(}OIl AvrNUl SUIT[ tOll CARLlSU. fA 1701J-?142 . 717,24?,S373 lAX 717,24?,04S7 MIIUlitlO'I,PI)(.Nll j> ';I;"~~~:,,,,~ '","":;:<;""'-':1""";:'1, "?'}~Jk~~.:~,,;.:';i"':;;.:(I'i"j"""'."l-~""'-~'''''''''. - - . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN HOWARD. Plaintiff/Respondent v. CIVIL ACTION - LAW IN DIVORCE MICHAEL HOWARD, Dcfendant/Petitioner NO. 98-4501 PLAINTIFF'SIRESPONDENT'S REPLY TO RULE TO SHOW CAUSE WHY PETITION FOR SPECIAL RELIEF SHOULD NOT BE GRANTED AND NOW, this 25th day of February, 2000, comes PlaintifflRespondent, Karen Howard, by and through hcr counsel, Michael J. Hanft, Esquire, and files the following PlaintifrslRespondent's Reply to Rule to Show Cause Why Petition for Special Relief Should I Not Be Granted, and in support thereof avers as follows: r.\UIU fokkfIFinn l)og\Ge:nJix:slllOO\l~9l'I,Iltply,oopd , ..," ' . " 1_ l, -t.. ~ I' _ ' ' ,. ' }' , . , ': ~,t , . 9, Admittcd. 10. a. Dcnicd. Thc averments of this paragraph are specifically denied, b. Denicd. Thc averments of this paragraph arc spccifieally dcnied. e. Denied. Thc avcrmcnts of this paragraph are specifically dcnicd. d. Denicd. Thc avcmlcnts of this paragraph arc spccifically dcnicd. e. Denied. The avcmlents of this pamgraph arc spccifically denied. f. Admitted in part, dcnicd in part. It is admillcd that Mr. Henscl authorcd Exhibits "0" and "E". Said documents speak for themsclves. The rcmaining avcrmcnts are spccifically dcnicd. 11. Admitted in part, dcnicd in part. It is admittcd that Pctitioner is solcly making the mortgage payment. The remaining avcrments are spccifically denicd. 12. Denied. The averments of this paragraph are conclusions oflaw which are spcciJically denied. Strict proof thereof is demandcd. 13. Admittcd in part, denied in part. It is admilled that Petitioner has requested that Respondent remove herself from the marital residcnce and that she has refused. The rcmaining avermcnts of Paragraph 13 are spccifically denied and strict proof thereof is dcmanded. 14. Denied as stated. Section 3323(1) ofthc Divorce Code speaks for itself and only a portion is included in Petitioner's Paragraph 14. 15. Denied. The averments of Paragraph 15 are a conclusion oflaw, thcrcforc same arc specifically denied. Strict proof thereof is demandcd. F;\UICl'Fc/dc:t',firmOotl'Gc:nclogJ("JlOIlI9J.lR<pty..pd Verification [ verify thaI the statements madc in the forcgoing document arc true and correct to the best of my knowledge, information and bclief. This Verification is made by Plaintifl'slRespondent's counsel bascd upon information provided by Plaintiff/Rcspondent to Plaintifl'slRespondent"s counscl regarding thc factual averments contained hcrein. I undcrstand that false statements herein are made subject to the penalties of 18 Pa. C. S. Scction 4904, relating to unsworn falsification to authoritics. > ',Illtel' ro.lOO'.Finn l::I<Q\C"'l'WWIXlUI1l91,1 p.<pl~ \O;ol . ..' ~. '. , " .' . .: " " '. ." '. :.'''' ~ I :,' ~: ' ~ . ,j "..: .';, ", : I ' . :, ' :' " . , . KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STRIlET p, 0, 00)( 11003 HARRISBURO, PA t710a.1Q03 "~~Ki\RT!N1TO\VARD:'~"M"-'-""-"'-"-': IN TIlE COURT OF COMMONl'U!AS'-'-'-"'~"~-'-- Plaintiff/Respondcnt : CUMBERLAND COUNTY,I'ENNSYLVANIA v. : NO. 98.4501 Civil Term MICIIAEL IIOW ARD, Defendant/Petitioncr : CIVIL ACTION - LA W : IN DIVORCE ANSWER I. Admillcd. 2. Admilled 3. Admitted. 4. Admitted. 5. Admilled. 6. Admitted. 7. Admitted, 8. Admitted. 9. Admitted. 10. a. Denied. b. Denied. c. Denied. d. Denied. By way of further response, Respondent avers that it was Petitioner who caused the delay in listing the house for sale after the initial listing with Jack Gaughen Realty expired. e, Denied. By way of further response, Respondent avers that she and Petitioner signcd thc currcntlisting agrccmcnt with Rc/Mnx onthc samc day, liS showll c1carly on Petitioncr's Exhibit C, and thalthc delay bctwccnlhc cxpimtion ofthc listing agrecmcnt with Jack Gaughcn Rcalty on Junc 4, 1999 and signing thc currcntlisling agrccmcnt with Rc/Max on January 11,2000 was duc 10 procmstinationand bad tilith on thc part ofthc Pctitioner. f. Denicd. By way of tilrthcr rcsponsc, Rcspondcntavcrs that Spikc Hcnsel has tentatively schcdulcd an "Open Housc" showing ofthc propcrty on Sunday, March 5, 2000; that Respondent has complctcd most, ifnot all, ofthc cleaning tasks idcntificd by Mr. Hcnsel; and that Pctitioncr rcfuscs to make the repairs idcntificd on Petitioncr's Exhibit D. I!. Denied. After rcasonable investigation, Respondent is without knowledge or information sofficiel1tto form a bcliefas to the truth of the averment, and proof thereof is demanded at trial if relevant. 12. Denied. Paragraph 12 is a conclusion oflaw to which no response is required. 13. Denied. 14. Admitted. 15. Denied. Paragraph 15 is a conclusion of law to which no response is required. WHEREFORE, Respondent respectfully requests that this Court deny Petitioner's Petition for Special Relief Pursuant to Sections 3104(a), 3323(f) and 3502(c) ofthe Divorce Code and Pa. R. C. P. 1920.43, and grant such further relief as the Court deems fair and just. -2- , , " '\" . '\ < " .'" ',. ' .'" " , '_,.' \' ~,' ,," ,'"' c . ". . . . ,,,, -~" ,~~,',',' .-....."'. Rcspcetfillly subl11itlcd, KEEFER WOOD ALLEN & RAIIAL. 1.1.1' Dated: February 25, 2000 By/,:L,..,Ltl/l(. ,Jlt.j4v_ Bridgct M ~ billcy If /.D. /I 33580 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8027 Allorncys for Plaintiff/Respondcnt - 3- _. .,..;-. ,',~'~. '.: ~:".:. 'e"', .~'. ,....: ~ \ ..:.. "."Il' ,_,,,: ~l:', " :'.':: ::' '.", '. ~' VEIUFICATION I, KAREN IIOW ARD. verity that the statcments made in the foregoing Answer arc true and corrcctto the bcst of my knowledgc. information and belief. lundcrstand that litlse statcmcnts hercin are made subjcctlo thc pcnaltics of 18 Pa.C.S, Scc. 4904. rclating to unsworn falsification to authoritics. Dated: February 23. 2000 . " . , . .'.' '.' " . . ,,:'..,,' ..,"', _.'. '. '., . :~, . r _ .' . '. . ':,", " 'L'" " I CEIHIFICATE OF SEHVICE I, Bridgcl M. Whitlcy, Esquirc, onc ofthc allorlwys for I'laintifflRcspondcnt, KAREN HOWARD, hcrcby cCl1ily thai I havc scrvcd lhc foregoing paper upon counscl of record lhis date by depositing a true and correct copy ofthc same in thc Unitcd Statcs mail, first-class postagc prepaid, addressed as follows: Mariannc E. Rudcbusch, Esq. 845 Sir Thomas Court, Suile 1 I A Harrisburg, P A 17109 KEEFER WOOD ALLEN & RAHAL, LL1' Dated: February 25, 2000 By ,-; ,J-I1( JliJ:.t. Bridget M. Whitley J.D. # 33580 210 Walnut Street P. O. Box 11963 Harrisburg, PAl 7 I 08- I 963 717-255-8027 Attorneys for Defendant , " . I. : '. ,;: " '. ~ ,:':., : . .: '." . ", ! ',: '.' ": .::' ,.:,' . ' ", '";' _ . , "'.:" . ,:', : KAREN HOWARD. PllIintiff/Rcspondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA V. NO. 98-4501 MICHAEL HOW AIm, Dcfcndllnt/Petitioncr CIVIL ACTION. LAW IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR SPECIAL ltELlEF TO THE PROTHONOTARY: Kindly withdraw Petitioner, Michacl Howard's, Petition for Spccial Relief in the above captioned mailer which was filcd on February 3, 2000 and which was seheduled for a hcaring before the Honorable Edgar B. Bayley on Thursday, Mareh 23, 2000. Respectfully Submitted, / {LA_c.,~ V J...cfV--C {.~fl(l___ Marianne E, Rudcbusch, Esquire 845 Sir Thomas Court, Suite 11 B Harrisburg, P A 17109 (717) 657-0632 Id. No. 63522 Dated: Sol /~~ /00 I I ., ", ',i "", :,~.l ...."1' ~,::, '.,. ,t . :,_,",r .: ~ \, "-.'.r'''''_'':: ", .".. ~ . : ., '. ~, ',' :::: !::' , II I"~. C) (V r-:! r:: -'~ ~;, -- l ~". ,) '; c,',: (0 ('...; C:~ '. '~j ',- ....(1) ..1;~~ "}(0 '~;!tL -:') U '.. ~_. ~,~. ~~.. " () (::> C:,