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Home My WebLink About08-3599RICHARD T. HOWARTH, JR., : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, 41 V. :NO: 6 Sr- 3 S7 q 9 crJI I tc.rM : CIVIL ACTION - LAW DENISE D. HOWARTH, Defendant. : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for another claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 RICHARD T. HOWARTH, JR., V. DENISE D. HOWARTH, Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA l c?? NO: 0 g_ 31 9 q co t r,, CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Richard T. Howarth, Jr., by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Complaint in Divorce: 1. The Plaintiff, Richard T. Howarth, Jr., is an adult individual residing at 411 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Denise D. Howarth, is an adult individual residing at 411 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. Plaintiff and Defendant are Husband and Wife having been married on July 3, 2000, at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Neither Plaintiff nor Defendant are members of the Armed Forces of the United States or any of its Allies. 7. Plaintiff has been advised of the availability of counseling and that he has the right to request that the Court require both parties to participate in counseling. 8. The Plaintiff avers a grounds on which this action is based are: A. that the marriage is irretrievably broken pursuant to §3301(c) of the Divorce Code. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce. COUNTI EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 above are incorporated herein by reference and made a part hereof. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 401 of the Divorce Code of 1980. COUNT II ALIMONY PENDENTE LITE COUNSEL FEES. COSTS AND EXPENSES 11. Paragraphs 1 through 10 above are incorporated herein by reference and made a part hereof. 12. By reason of this action, Plaintiff will be put to considerable expense in the preparation of his case in the employment of counsel and the payment of costs. 13. The Plaintiff is without sufficient funds to support himself and to meet the costs and expenses of this litigation and unable to appropriately maintain himself during the pendency of this action. 14. The Plaintiff's income is not sufficient to provide for his reasonable needs and pay his attorneys' fees and the cost of this litigation. 15. The Defendant has adequate earnings to provide support for the Plaintiff and to pay his counsel fees and expenses. WHEREFORE, Plaintiff prays this Honorable Court: (a) Enter a Decree in Divorce; (b) Compel the Defendant to pay alimony pendente lite to the Plaintiff; (c) Equitably distribute all property, both real and personal, owned by the parties; (d) Compel the Defendant to pay the Plaintiffs counsel fees, costs and expenses and the costs and expenses of this action; and (e) Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan By Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: 2233 North Front Street VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. fz i -r t?? I -/? P-3, Date: ? o v ? 3 d u? ? ' Cam? - ? ? 0 ; ? ? M l = c? - ?n ? to T o LLI U, C=D bR !? J J c? (-) Praecipe to Enter Appearance Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR. PLAINTIFF NO. 08-3599 CIVIL TERM V. CIVIL ACTION - LAW DENISE D. HOWARTH, IN DIVORCE DEFENDANT PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Denise D. Howarth. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 E G. FF, ESQUIRE G , c- c-n r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR. PLAINTIFF V. DENISE D. HOWARTH, DEFENDANT : NO. 08-3599 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above captioned Divorce Action, hereby elects to retake and hereafter use her previous name of Denise D. Shiner. This election is made pursuant to the provisions of 54 P.S. 8704. c , ?UGti? Signature (married name) 01 sp? Signature (former name) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss: On the 3VAI day of UGA-&bkr , 2008, before a Notary Public, personally appeared Denise D. Howarth known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal N ary P li COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tammy J. Mislyan, Notary Public Hampden Twp.. Cwnbedaand County My Carnn,"art Mores June 28.2011 Member, Pennsvivania Association of Notaries Q Sv ' 03 rJ1 p 6" Ile? Special Relief Petition - Sale of Marital Home Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Denise D. Shiner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR. Plaintiff NO. 08-3599 CIVIL TERM V. : CIVIL ACTION - LAW DENISE D. HOWARTH, now by resumption : IN DIVORCE of former name, DENISE D. SHULER, Defendant PETITION FOR SPECIAL RELIEF - SALE OF MARITAL HOME AND NOW this day of October, 2008, comes the Petitioner, Denise D. Shiner (formerly Denise D. Howarth), by her attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition for Special Relief and represents that: 1. Your Petitioner is Denise D. Shuler, (hereafter referred to as "Wife") an adult individual residing at 411 Good Hope Road, Mechanicsburg, PA 17050, and is the Defendant in the above captioned divorce action. 2. Your Respondent is Richard T. Howarth, Jr. (hereafter referred to as "Husband") an adult individual who resides at 6111 Haymarket Way, Mechanicsburg, PA 17050 and is the Plaintiff in the above referenced divorce action. 3. The parties were married on July 3, 2000. 4. The parties separated on or about June 16, 2008. 5. The parties are the joint owners of a certain tract of improved real estate known -2- and numbered as 411 Good Hope Road, Mechanicsburg, PA 17050, (hereafter "the Marital Home") which real estate was heretofore utilized as their marital residence and is now the sole residence of Wife and her two (2) children from a prior marriage, Aaron Mariano and Lauren Mariano. 6. Husband has not lived in the marital home since July 14, 2008. 7. Husband was evicted from the marital home by virtue of the Final Order of Court entered by the Honorable M.L. Ebert, Jr. On October 16, 2008 in the Cumberland County PA Protection from Abuse action docketed to No. 2008-6044. A True and correct copy of the 10/16/08 PFA Final Order is attached hereto, marked Exhibit "A" and made a part hereof. 8. The marital home as acquired by husband in 1995 prior to the parties marriage but transferred into their joint names on or about June 1, 2006. 9. The Marital Home is subject to the following a mortgage lien in favor of Husband's Mother, Theodora Howarth (hereafter "the Mortgager). 10. It is believed the mortgage lien was given to secure Husband's personal obligation to pay a loan taken from his mother on or about June 6, 1995 (5 years prior to the parties' marriage) in the amount of $65,000, (the "Howarth Loan"). 11. Wife never borrowed any money from Husband's mother and is not personally responsible for repayment of Howarth Loan. 12. Wife first learned of the existence of an alleged loan in early 2005 but did not obtain actual proof that it was a mortgage against the marital home until the summer of 2008. 13. According to records recently supplied by Husband's Mother's attorney, Husband made no payments on the Howarth Loan during the period from June 6, 1995 through February 5, 2005. 14. Commencing on or about February 6, 2005 and monthly thereafter through July 6, 2008, the parties made installment payments of $1,000 per month on the Howarth Loan. 15. Neither party has made any payments on the Howarth Loan since the parties separation. - 3 - 16. The Howarth Loan, is in default and as a result, the mortgage holder, Theodora Howarth, has commenced foreclosure proceedings. 17. Husband has indicated his desire to retain the marital home as part of his equitable distribution share but has failed to take any action to settle that claim wither through agreement of litigation. 18. If the Marital Home is not list for sale and sold, it will be lost to foreclosure sale, thereby defeating Wife's equitable distribution interest therein. 19. It is believed that husband's mother, Theodora Howarth, is proceeding with her mortgage foreclosure action and the foreclosure sale of the marital home just to defeat Wife's equitable distribution interests in this marital asset. 20. Wife believes that Husband will not agree to list the marital home for sale unless ordered by this Court. 21. Wife has and will incur attorneys fees in bringing this Petition and claim is made therefore. Those fees are estimated at $800.00 22. Husband's attorney, P. Richard Wagner, Esquire, has been contacted pertaining to the relief requested in this Petition and has failed to respond. 23. There has been no judge assigned to this case. Judge Ebert was previously assigned to the companion Protection from Abuse action docketed to No. 2008- 6004 and entered the Final Order in that action. WHEREFORE, Wife, Denise D. Shiner, respectfully requests this Honorable Court to enter an Order: a. Requiring the parties to immediately list the Marital Home for sale with Tim Costello of Re/Max 1s' Advantage, 6375 Mercury Drive, Suite 101, Mechanicsburg, PA 17050 (717-591-5555) at the listing price suggested by the Realtor, absent mutual agreement of the parties and thereafter to market it for sale through that Realtor (or any other mutually agreeable realtor) until it is sold; b. Requiring the parties to accept any reasonable offer to purchase the Marital Residence as hereafter suggested by the Realtor, absent mutual -4- agreement of the parties. C. Requiring Husband to pay the attorney's fees and costs incurred by Wife in bringing this Petition and attending the hearing to be held thereon. Respectfully submitted, AN DC IFF, E UI E 3448 Trindle Ro d Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Petitioner - 5 - VERIFICATION I, Denise D. Shuler, verify that the statements made in this Petition are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DENISE D. SHULER -6- CERTIFICATE OF SERVICE AND NOW, this _4-day of October, 2008, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the foregoing document upon the following named person, by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Attorney for Respondent/ Plaintiff) Respectfully submitted, D G. D LIFF, ESQUI 3448 rin oad Camp Hill, P A 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID 32112 -7- EXHIBIT "A" FINAL PFA ORDER -s- 16-'03 1E,!5 FROM- Denise Darnell Howarth Plaintiff V. T-033 F002/005 F-595 Richard Thomas Howarth Jr. Defendant IN Tfffi COOT OF COMMON : PLEAS OF : CUM-BERLAND COUNTY, : PENNSYLVANIA No. 2008 -6044 CIVIL ACTION - LAW ` PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Richard Thomas Howarth Jr. Defendant's Date of Birth. June 24, 1961 Defendant's Social Security Number. Flames and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names 1. Denise Darnell Howarth 2. Aaron Benjamin Mariano 3. Lauren Elizabeth Mariano Plaintiff or Protected Person(s) is/are: Dates of Birth April 6, 1963 December 12, 1990 September 6, 1992 [XI spouse or former spouse of Defendant [ ] parent of a child with Defendant [X] current or former sexual or intimate partner with Defendant [X} child of Plaintiff [ child of Defendant [ ] family member related by blood (consanguinity) to Defendant ( ) family member related by marriage or affinity to Defendant [ ] sibling (person who shares parenthood) of Defendant [X] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. K.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: • Plaintiff appeared personally and is represented by: Jessica C. D. Hoist, Esquire r? Defendant appeared personally and is represented by: Pelmrd !??c ?lU, ??a???,? T-0° P003, 005 F-595 Wagner;-Esquire-- AND NOW, this 16th Day of October, 2008 the court having Jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: This order is entered by agreement without an admission. Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. )plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 411 Good Hope Road Mechanicsburg PA 17050 or any other residence where Plaintiff or any other person protected under this order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. The following additional relief is granted as authorized by §6108 of the Act: 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Hampden Township Police Department 7. All provisions of this order shall expire in 3 years on October 16, 2011. 0? 1-5- 1-5 17 I-Nl- NOTICE TO TIME DEFENDANT T-K3 P0041005 F-595 VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA_C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROS.ECUTI:ON AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa_C.S.A. § 6108(g). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRI13AL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL, OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMI WNITION. 18 U.S.C. §922(g)(8). NO'T'ICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered- An arrest for violation of paragraphs 1 through 4 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of this order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and both parties given notice of the date of the hearing. ,,?, ?? ?? ?.? ?-: --t ? ? ?, _? "'e ; i"F'1 ,?-.- ::1 E.?l ? ?": ` ??? ? y i"t'i ? `°"'" f ? "G RICHARD T. HOWARTH, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DENISE D. HOWARTH, n/k/a DENISE D. SHULER NO. 08-3599 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 28th day of October, 2008, upon consideration of the Defendant's Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before November 17, 2008; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A status conference with counsel shall be held on Tuesday, December 2, 2008, at 8:30 a.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, . sl?? . ?-- M. L. Ebert, Jr., J. "P. Richard Wagner, Esquire ttorney for Plaintiff I'- Diane G. Radcliff, Esquire Attorney for Defendant bas C?o I-F.S Yria`1 l?-? ?o1?1d8 ?z - 30 OR .z v, ez ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR. Plaintiff V. : NO. 08-3599 CIVIL TERM CIVIL ACTION - LAW DENISE D. HOWARTH, now by resumption : IN DIVORCE of former name, DENISE D. SHULER, Defendant ORDER OF COURT Re: Petition for Special Relief Sale of Marital Home AND NOW, this 1St day of December, 2008, upon Motion of Diane G. Radcliff, Esq.uire, Attorney for the Defendant, and with the consent of the attorney for Plaintiff, P. Richard Wagner, Esquire, IT IS HEREBY ORDERED that the Status Conference scheduled for December 2, 2008 at 8:30 a.m. on the Defendant's Petition for Special Relief for the Sale of the Marital Home is continued generally to be rescheduled upon request of either party or their counsel. Counsel for the Defendant shall notify this court of any final settlement reached on the issues raised in the Defendant's Petition for Special Relief. BY THE COURT: 1)4, -?, UA\- - M. L. Ebert, Jr., J Distribution to: Attorney for Petitioner/Defendant a G. Radcliff, Esquire, 2448 Trindle Road, Camp Hill, PA 17011 Attorney for Respondent/Plaintiff/Richard Wagner, Esquire. 2233 North Front Street, Harrisburg, PA 17110 J ? - r-° ,?,??? _ _ ?'" ??? ?., 3?:.'`? Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 * Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Denise D. Shuler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR. Plaintiff NO. 08-3599 CIVIL TERM V. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION TO JOIN THEODORA HOWARTH AS AN ADDITIONAL DEFENDANT AND NOW, comes the Petitioner, Denise D. Shuler, formerly Denise D. Howarth, and files this Petition to Join Theodora Howarth as an Additional Defendant and respectfully represents that: 1. Your Petitioner is Denise D. Shuler, the Defendant in the' above captioned divorce action. Petitioner is hereinafter referred to as "Wife". 2. Your Respondent is Richard T. Howarth, Jr., the Plaintiff in the above captioned divorce action. Respondent is hereinafter referred to as "Husband". 3. The parties were married on July 3, 2000 and separated on June 16, 2008. 4. This action was commenced on June 16, 2008 when Respondent filed a Complaint in Divorce. 5. Wife has two (2) children from a prior marriage who live with her at as 411 Good Hope Road, Mechanicsburg, PA 17050. 6. In the Divorce Complaint, Husband raised claims for divorce, equitable distribution of marital property, alimony pendente lite counsel fees and costs. - 1 - 7. The parties are the joint owners of a certain tract of improved real estate known and numbered as 411 Good Hope Road, Mechanicsburg, PA 17050, (hereafter "the Marital Home") , which real estate was heretofore utilized as their marital residence and is now the sole residence of Wife and her two (2) children from a prior marriage, Aaron Mariano and Lauren Mariano. 8. Husband has not lived in the Marital Home since July 14, 2008. 9. Husband was evicted from the Marital Home by virtue of the Final Order of Court entered by the Honorable M.L. Ebert, Jr. On October 16; 2008 in the Cumberland County PA Protection from Abuse action docketed to No. 2008-6044. 10. The Marital Home was acquired by Husband in 1995 prior to the parties' marriage but transferred into their joint names on or about June 1, 2006. 11. As a result of the transfer into joint names, the Marital Home is a marital asset subject to equitable distribution. 12. The Marital Home is subject to a certain mortgage dated ,June 6, 1995 recorded in Mortgage Book 1266, page 143 in favor of Husband's Mother, the proposed Additional Defendant, Theodora Howarth. A true and correct copy of the Mortgage is attached hereto, marked Exhibit "Petitioner-1" and made a part hereof. 13. It is believed the mortgage lien was given to secure Husband's personal obligation to pay a loan from his mother, Theodora Howarth on or about June 6, 1995 (5 years prior to the parties' marriage) in the amount of $65,000.00, (the "Howarth Loan"). 14. Wife was not a party to the Howarth Loan and is not personally responsible for repayment of Howarth Loan. 15. Wife first learned of the existence of the Howarth Loan in early 2005, but did not obtain actual proof that it was a mortgage against the Marital Home until the summer of 2008, after the parties' separation. 16. According to records supplied by Husband's Mother's attorney, Theodora Howarth, Husband made no payments on the Howarth Loan during the period from June 6, 1995 through February 5, 2005. 17. Commencing on or about February 6, 2005 and monthly thereafter through July 6, 2008, the parties made installment payments of $1,000 per month on the Howarth Loan. 18. Neither party has made any payments on the Howarth' Loan since the parties' -2- separation. 19. Theodora Howarth, as mortgagee, commenced foreclosure proceedings seeking to sell the Marital Home at Sheriff's Sale. A true and correct copy of the Mortgage Foreclosure Complaint is attached hereto, marked Exhibit `k Petitioner-2" and made a part hereof. 20. Wife has filed, or is concurrently herewith filing, an Answer with New Matter and Counterclaim to that Foreclosure Complaint. A true and correct copy of the Answer is attached hereto, marked Exhibit "Petitioner-3" and made a part hereof. 21. Wife would like to retain the Marital Home as part of her equitable distribution share but cannot take any action to settle that claim until the parties can determine the value of the Marital Home and the correct balance owed on the Howarth Loan. 22. The parties cannot determine the correct balance owed on the Howarth loan without the direct involvement of Husband's mother, Theodora Howarth, as any determination without her participation would be null and void. 23. Husband thus far has not been participating in the mortgage' foreclosure action but has indispensable information regarding the balance owed to the proposed additional Defendant, Theodora Howarth. 24. It is believed that Husband's mother, the proposed Additional Defendant, Theodora Howarth, is proceeding with her mortgage foreclosure action and the foreclosure sale of the Marital Home just to defeat Wife's equitable distribution interests in this marital asset, and as such is against public policy. 25. Wife believes and therefore avers that Theodora Howarth forgave her son any indebtedness for the interest owed on the alleged mortgage loan for the period from June 6, 1995 through February 5, 2005, and therefore the interest for that period is not due and owing. 26. Wife believes and therefore avers that even if Theodora Howarth did not forgive the indebtedness for the interest owed on the alleged mortgage loan for the period from June 6, 1995 through February 5, 2005, she is barred from the collection of a portion of the indebtedness by the applicable four year statue of limitations. 27. Wife believes and therefore avers that Theodora Howarth has never reported any of the interest she received from Husband and Wife in repayment of this alleged mortgage loan on her applicable tax returns as required by law. -3- 28. Wife believes and therefore avers that for the period from January 1, 2005 through December 31, 2008, Theodora Howarth never gave Wife a 1099-INT statement for the interest she and/or Husband paid on this alleged mortgage loan so that she or they could report the alleged mortgage interest on her/their applicable tax returns. 29. As a result of Theodora Howarth's failure to give Defendant Shuler a 1099-INT statement for the interest paid during the period of January' 1, 2005 through December 31, 2008, Wife paid excess taxes and has a claim against the said Theodora Howarth which is also a marital asset subject to equitable distribution. 30. As a result of Theodora Howarth's failure to report the interest allegedly paid by Husband and Wife on her applicable tax return allegedly charged and paid during the period from January 1, 2005 through December 31, 2008, Theodora Howarth received a windfall in the form of taxes not paid by her and the parties' obligation, if any, to the said Theodora Howarth should be recalculated as a result thereof. 31. It is believed and therefore averred that Theodora Howarth is an indispensable party to this divorce action in that: a. She is owed a debt which is secured by property subject to equitable distribution; b. The amount of the debt owed to Theodora Howarth is in dispute not only between the parties but also between Wife and Theodora Howarth. C. As a result of the failure to provide appropriate tax reporting forms and the failure to report and pay taxes on the interest paid to the said Theodora Howarth, there is a claim against Theodora Howarth Which could possibly off set the amount due her and must certainly be determined as part of the equitable distribution process which can only be determined 'if she is made a party to these proceedings 32. Husband's attorney, P. Richard Wagner, Esquire, has been contacted pertaining to the relief requested in this Petition and has failed to respond. 33. Judge Ebert was previously assigned to this case. Judge Ebert was also assigned to the companion Protection from Abuse action docketed to No. X008-6004 and entered the Final Order in that action. WHEREFORE, Wife, Denise D. Shuler, respectfully requests this Honorable Court to join -4- Theodora Howarth as an Additional Defendant in this divorce action Respectfully submitted, D DCL F, SQUIRE 7 ndle Road Camp Hill, PA 17011 Phone: (717)737-0100 Fax: (717) 975-069' Supreme Court ID #1 32112 Attorney for Petitioner -5- VERIFICATION I, Denise D. Shiner, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ?;? 1), :;re? DENISE D. SHULER -6- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Attorney for Respondent/ Plaintiff) Camp -M Phone: Fax: (71 Supreme P A 17011 7) 737-0100 975-0697 ourt ID 32112 Dated: February 12, 2009 -7- Respectfully submitted, EXHIBIT "PETITIONER - 1" HOWARTH MORTGAGE r!. "ECOriD?R Or DEEDS '95 JUN ..r are 8 26 MORTGAGE THIS INDENTURE, MADE the 6th day of June in the year nineteen hundred and ninety-five (1995) BETWEEN RICHARD T. HOWARTH, JR., party of the first part,, Mortgagor, and THEODORA HOWARTH, party of the second part, Mortgagee. WHEREAS, the said RICHARD T. HOWARTH, JR., Mortgagor, in and by his certain obligation or Writing obligatory, under his hand and seal, duly executed, bearing even date herewith stand bound unto the said Mortgagee in the sum of SIXTH-FIVE THOUSAND ($65,000.00) DOLLARS, lawful money of the United States of America; conditioned that the said Mortgagor, his heirs, executors or administrators, certain attorneys, executors, administrators or assigns, the sum of sixty-Five Thousand ($65,000.00) Dollars, lawful money of the United states, together with interest at the rate of six and on (6.?$) percent per annum, to be paid in equal monthly installments of Four Hundred Eighty- Four and 631100 ($484.63) Dollars on account of interest and principal for two hundred forty (240) months, payable on the 6th day of each month, beginning on the 6th day of July, 1995, and the full amount of the unpaid principal balance with accrued interest, if any, on June 6, 2015. The Mortgagor shall have the right to prepay the balance'at any time during the term of this mortgage without penalty. In the event of the sale of the mortgaged premises, the entire debt, at the option of the Mortgagee, shall be immediately due and payable. If the Mortgagee has not received the full amount of any, monthly payment by the end of fifteen (15) calendar days after the due date; the Mortgagor will pay a late charge to the Mortgagee. The amount of the charge will be five (5%) percent of the overdue payment of principal and interest. The Mortgagor will pay this charge promptly but only once on each late payment. AND ALSO, from time to time, and at all times, until payment of said principal sum be made as aforesaid, keep the building, erected and'to be erected upon the land herein described, insured for the benefit of the Mortgagee, in some good reliable Stock Insurance Company or companies to the amount of at least sixty-Five Thousand ($65,000.00) Dollars, and take no insurance out on said buildings, not marked for the benefit of the Mortgagee; the further condition of the said obligation is such, that if at any time default shall be made in the payment of principal and interest or insurance premium as aforesaid, for the space of thirty (30) days after any payment thereof shall fall due, or if a breach of any other of the foregoing conditions be made by the said Mortgagor, his heirs, executors, administrators or assigns, then and in such case, the said principal sum shall at the option of the said Mortgagee, her executors, administrators or assigns, become due; and payment of the same, ?ccK :r;v f i%r 140 EXHIBIT B4 with the interest and costs of insurance due thereon, as aforesaid, together with an attorneys commission of five (5%) per cent, on the said principal sum, besides costs of suit, may be enforced and recovered at once, anything therein contained to the contrary thereof in anywise notwithstanding, as in and by the said recited obligation and the condition thereof (relation being thereunto had) may more fully and at large appear. WITNESSETH that the said mortgagor, as well for and in consideration of the said debt or sum of Sixty-Five Thousand ($65,000.00) Dollars, and for the better securing the payment of the same with interest, as aforesaid, unto the said mortgagee, her executors, administrators or assigns in the discharge of the said recited obligation, as for and in consideration of the further sum of one dollar, lawful money, aforesaid, unto the said mortgagor in hand well and truly paid by said Mortgagee, at granted, bargained an& sold, released, and confirmed, and by these presents, does grant bargain and sell, release and confirm unto the said mortgagee, her heirs and assigns, ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and state of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of the public road leading from Good Hope to Erb's Bridge at the corner of lands now or late of Emandar Realty company; thence along the center line of said road South 27 degrees 40 minutes east 152.4 feet to a point; thence continuing along the center line of said road South 26 degrees East 200 feet to a point; thence by other lands now or late of zedna A. Comella South 72 degrees 23 minutes West 153.5 feet to a mark on a concrete wall on the bank of the Conodoguinet Creek; thence along the said Creek North 9 degrees 51 minutes West 362.25 feet to a pin on the line of lands now or late of Emandar Realty Company; thence along said lands North 85 degrees 5 minutes West 50 feet to the point or place of 'BEGINNING. HAVING thereon erected a one story frame dwelling house known as 411 Good Hope Road. SUBJECT to the right of zedna A. Comella, widow, her heirs and assigns, to use the 15 foot wide right-of-way extending from said public road from Good Hope to Erb's Bridge through the property herein described to other property of Zedna A. Comella abutting said property herein described on the south for purposes of ingress, egress and regress. The center line of said right-of-way being described as follows: BEGINNING on the western line of said public road at a point 116 feet measured northwardly from the southern line of the property hereinbefore described; thence south 70 degrees 3 minutes West 20.8 feet to a point; thence in a southwestwardly direction on a curve to the left having a radius of 70 feet, 91.02 feet to a point; thence south 4 degrees 27 minutes East 61.27 feet to said adjoining lands of zedna A. Comella. BEING the same premises which Thomas J. Schratz, Sr., single man, by his deed of even date and intended to be recorded immediately prior hereto, granted and conveyed unto Richard T. Howarth, Jr., mortgagor herein. eoaK i.9.66 PAGE 141 TOGETHER with all and singular the improvements, ways, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents issues and profits thereof; TO HAVE AND TO HOLD the said hereditaments and premises granted, or mentioned and intended so to be with the appurtenances, unto the said mortgagee, her heirs and assigns, to and for the only proper use and bohoof of the said Mortgagee, her heirs and assigns, forever: AND the said Mortgagor, for himself, his heirs and assigns does hereby covenant, promise and agree to and with the said Mortgagee, her heirs, executors, administrators and assigns, that if the said,Mortgagor, his heirs or assigns, shall neglect or refuse to keep up the aforesaid insurance, it shall be lawful for the said Mortgagee, her heirs, executors, administrators or assigns, to insure the said building in a sum sufficient to secure payment of the said principal debt, in case of fire, and shall recover the costs and expenses of such insurance in a suit upon this Mortgage. PROVIDED always, nevertheless, that if the said Mortgagor, his heirs, executors, administrators or assigns, does and shall well and truly pay, or cause to be paid, unto the said Mortgagee, her heirs, executors, administrators or assigns, the said principal sum of Sixty-Five Thousand ($65,000.00) Dollars, lawful money, aforesaid, on the day and time hereinbefore mentioned and appointed for payment of the same, together with interest and costs and charges of insurance, as aforesaid, and without any deduction, defalcation or abatement to be made of anything for or in respect of any taxes, charges or assessments whatsoever, then and from thenceforth, as well this present indenture and the estate hereby granted, as the said recited obligation, shall cease, determine and become void, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. AND PROVIDED, also, that it shall and may be lawful for the said Mortgagee, her heirs, executors, administrators or assigns, when and as soon as the said principal sum shall, in any event, become due and payable, as aforesaid, an Action of Mortgage foreclosure may be properly commenced, upon this indenture of Mortgage, and proceed thereon to judgment and execution for the recovery of said principal sum and all interest due thereon, and the costs and expenses of insurance, as aforesaid, together with an attorneys commission of five (58) percent on said principal sum, besides cost of suit, without stay of or exemption from execution or other process, with a full release of errors; and law, rule of court, or usage to the contrary notwithstanding. IN WITNESS WHEREOF, the said party of the first part has to these presents set his hand and seal, the day and year first above written. goo 1266 PAGE 142 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF %alj Richard T. Howarth, Jr. CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of'the mortgagee herein is as follows: 1724 Penn Street Harrisburg, PA 17102 COMMONWEALTH OF PENNSYLVANIA j SS. COUNTY OF Ay P, W1 K-) } Attorney for Agent for Grantee On this, the 6th day of .Tune, 1995, before me a Notary Public, the undersigned officer, personally appeared RICHARD T. HOWARTH, JR., known to me (or satisfactorily proven) to be the person ',whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. (?Yotary Public .:qt: of Pennsylvania 3S ;11ty of Cumberland ;; ded in the office for the reoording of Deers end mbeFland Cou??{? " Vo Pape Lam..: r;u? my hand at of c;?. tale, PAth" 14y Commission', Expires: NOTARIAL SEAL ' CHERYL L SMITH, Notary Public Harrisburg. Dauphin County My Commission Exoires Aoril 6. 1996 eooA 1?66 PACE 1?' T&W EXHIBIT "PETITIONER- 2" MORTGAGE FORECLOSURE COMPLAINT THEODORA HOWARTH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 09 - C*1 Civil -TrvL% RICHARD T. HOWARTH, JR. and DENISE D. HOWARTH, CIVIL ACTION - COMPLAINT IN Defendants MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 v*VEMPY FROM RECORD Pa. "W cw? at ' a q d SW .....? THEODORA HOWARTH, Plaintiff v. RICHARD T. HOWARTH, JR. and DENISE D. HOWARTH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff, Theodora Howarth, by and through her attorneys, Butler Law Firm, and files this Complaint in Mortgage Foreclosure against Defendants, Richard T. Howarth, Jr. and Denise D. Howarth, and in support thereof avers the following: 1. The Plaintiff, Theodora Howarth, is an adult individual residing at 1724 Penn Street, Harrisburg, Pennsylvania 17102. 2. The Defendant, Richard T. Howarth, Jr. ("R. Howarth"), is an adult individual with a last known address of 6111 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Defendant, Denise D. Howarth ("D. Howarth"), is an adult individual with a last known address of 411 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On or about June 6, 1995, Plaintiff loaned then unmarried Defendant R. Howarth the sum of $65,000.00 to purchase the real property known as 411 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. On or about June 6, 1995, Defendant R. Howarth executed a Note in favor of Plaintiff. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". 6. On or about June 6, 1995, Defendant R. Howarth executed a Mortgage which was recorded at the Cumberland County Recorder of Deeds Office in Mortgage Book 1266, Page 143. The land subject to the Mortgage is 411 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". 7. The Mortgage and Note provided for repayment of the $65,000.00 loan over a twenty (20) year term with interest at the rate of 6.5% per annum. The monthly payment was $484.63. 8. Defendants failed to make payments until February, 2005, at which time Plaintiff and Defendant R. Howarth orally agreed to increase the payment amount to $1,000.00 per month. 9. Defendants were married on July 3, 2000. 10. On or about June 1, 2006, Defendant R. Howarth transferred said property from his name only to the names of R. Howarth and D. Howarth, jointly as husband and wife by Special Warranty Deed recorded at the Cumberland County Recorder of Deeds Office in Mortgage Book 274, Page 4465. This transfer violated the due on sale clause of the Note and Mortgage. Both Defendants are now the record owners of the property subject to the Mortgage. A true and correct copy of said Special Warranty Deed is attached hereto and made a part hereof as Exhibit "C". 11. Defendants separated on or about June 16, 2008. 12. Defendant D. Howarth currently lives in the subject property. Defendant R. Howarth has not lived in said property since on or about July 21, 2008, 13. Defendant have failed and refused to pay the monthly, payments when due as well as late fees, interest and attorneys' fees in the following amounts: Principal Balance $65,000.00 Interest to 12/22/08 $14,870.61 Accumulated Late Charges (as of 12/22/08) $ 3,036.45 Attorneys' Fees $ 4,145.35 TOTAL *$87,052.41 *Plus interest from December 22, 2008 at $11.5753per day, costs of suit and additional attorneys' fees. 14. The attorneys' fees set forth above are in conformity with the terms of the Mortgage and Note and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the Mortgage is reinstated prior to Sale, reasonable attorneys' fees will be charged. 15. Pennsylvania law requires that a plaintiff in a mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") pursuant to 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice ") pursuant to 35 P.S. Section 1680.403.c. 16. The Notice of Intention to Foreclose and Notice of Homeowners' Mortgage Assistance were required and Plaintiff sent the uniform notices as promulgated by the Pennsylvania Housing and Finance Agency to the Defendants by regular and certified mail on October 2, 2008. True and correct copies of the Notices of Intention to Foreclose and Notice of Homeowners' Mortgage Assistance are attached hereto and made a part hereof as Exhibits "D" and "E" respectively. WHEREFORE, Plaintiff respectfully request this Honorable Court to enter judgment in Mortgage Foreclosure for the sale of the mortgage property in Plaintiff's favor and against the Defendants, in the sum of $87,052.41 together with the interest from December 22, 2008, at $11.5753 per day costs of suit and attorneys' fees. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff BY: Ronald D. Butler, Esquire I.D. #09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17408 (717) 236-1485 KNOW ALL MEN BY THESE PRESENTS, THAT RICHARD T. HOWARTH, JR., obligor, held and firmly bound unto THEODORA HOWARTH, obligee, in the sum of SIXTY-FIVE THOUSAND ($65,000.00) DOLLARS, lawful money of the United States of America, to be paid to the said obligee, her certain attorney, executors, administrators or assigns. To which payment, well and truly to be made, I do bind myself, my heirs, executors and administrators, and every of them, firmly by these presents. Sealed with a notarial seal. Dated the 6th day of June in the year of our Lord one thousand nine hundred ninety-five (1995). THE CONDITION OF THIS OBLIGATION IS SUCH, that' if the said obligor, his heirs, executors or administrators, or any of them, 'shall and do well and truly pay, or cause to be paid, unto the said Obligee, her certain attorney, executors, administrators, or assigns, the sum of Sixty-Five Thousand ($65,000.00) Dollars, lawful money of the United states, together with interest at the rate of six and one-half (6h$) percent per annum, to be paid in equal monthly installments of Four Hundred Eighty-Four and 631100 ($484.63) Dollars on account of interest and principal for two hundred forty (240) months, payable on the 6th day of each month, beginning on the 6th day of July, 1995, and the full amount of the unpaid principal balance with accrued interest, if any, on June 6, 2015, without any fraud or further delay, and also from time to time, and at all times, until payment of the said principal sum be made, as aforesaid, keep the building erected and to be erected upon the land described in the mortgage accompanying this bond insured for the benefit of the Mortgagee, in some good and reliable stock Insurance Company or companies, to the amount of at least Sixty-Five Thousand ($65,000.00) Dollars and take out no insurance on said building not marked for the benefit of the Mortgagee, then the above obligation to be void, or else to be and remain in full force and virtue. The obligor shall have the right to prepay the balance at any time during the term of this mortgage without penalty. in the event of the sale of the mortgaged premises, the entire debt, at the option of the Obligee, shall be immediately due and payable. if the obligee has not received the full amount of any monthly payment by the end of fifteen (15) calendar days after the due date, the obligor will pay a late charge to the obligee. The amount of the charge will be five (5%) percent of the overdue payment of principal and interest. The obligor will pay this charge promptly but only once on each late payment. AND the further condition of this obligation is such, that if at any time default shall be made in the payment of principal and interest as aforesaid, for the space of thirty (30) days after any payment thereof shall fall due, or if a breach of any other of the foregoing conditions be made by the said obligor, his heirs, executors, administrators or assigns, then, and in such case, the said principal sum shall, at the option of the said Obligee, her certain attorney, executors, administrators or assigns, become due; and payment for the same with the interest and cost of insurance due thereon, as aforesaid, together with an attorneys commission of five (5%) per cent, on the said principal sum, besides costs of suit, may be enforced and recorded at once; anything herein contained to the contrary thereof in anywise notwithstanding. AND FURTHER I do hereby empower any Attorney of any count of Record of the commonwealth of Pennsylvania to appear for me and, with or without a declaration filed in my name, to confess a judgment or judgments in favor of the above-mentioned obligee, her heirs, executors, administrators or assigns, and against Richard T. Howarth, Jr. for the penal sum above mentioned, with costs of suit, with a full release of all errors, and without stay of execution after any default as aforesaid. And I also waive the right of inquisition upon any real estate which may be levied upon to collect the said sum, and I do hereby voluntarily condemn the same, and authorize a writ of execution to be issued upon the judgment obtained upon i ' his obligation, or by virtue of the warrant of attorney hereto attached, or an action of mortgage foreclosure property commenced upon the accompanying indenture of mortgage. And the said obligor does hereby waive and release the said Obligee, her heirs, executors, administrators and assigns, the benefit and advantage of all laws now in force, or that may be passed exempting property, wither real or personal, or both from levy and sale under any execution that may be issued, for the collection of the said judgment. SEALED AND DELIVERED IN THE P SENCE OF J ?--?? (SE Richard T. Howarth, . Al MORTGAGE :tl L1, (,1 "ECOnDER OF DEEDS O''9E,;L??,D COUNTY-pA 195 JUN. 'r An 8 26 THIS INDENTURE, MADE the 6th day of June in the year nineteen hundred and ninety-five (1995) BETWEEN RICHARD T. HOWARTH, JR., party of the first part, Mortgagor, and THEODORA HOWARTH, party of the second part, Mortgagee. wHERSAs, the said RICHARD T. HOWARTH, JR., Mortgagor, in and by his certain obligation or writing obligatory, under his hand and seal, duly executed, bearing even date herewith stand bound unto the said Mot gagee in the sum of SIXTH-FIVE THOUSAND ($65,000.00) DOLLARS, lawful money of the United States of America; conditioned that the said Mortgagor, his heirs, executors or administrators, certain attorneys, executors, administrators or assigns, the sum of Sixty-Five Thousand ($65,000.00) Dollars, lawful money of the United States, together with interest at the rate of six and one-half (6h$) percent per annum, to be paid in equal monthly installments of Four Hundred Eighty- Four and 631100 ($484.63) Dollars on account of interest and principal for two hundred forty (240) months, payable on the 6th day of each month, beginning on the 6th day of July, 1995, and the full amount of the unpaid principal balance with accrued interest, if any, on June 6, 2015. The Mortgagor shall have the right to prepay the balance at any time during the term of this mortgage without penalty. In the event of the sale of the mortgaged premises, the entire debt, at the option of the Mortgagee, shall be immediately due and payable. If the Mortgagee has not received the full amount of any monthly payment by the end of fifteen (15) calendar days after the due date', the Mortgagor will pay a late charge to the Mortgagee. The amount of the charge will be five (5%) percent of the overdue payment of principal and interest. The Mortgagor will pay this charge promptly but only once on each late payment. AND ALSO, from time to time, and at all times, until payment of said principal sum be made as aforesaid, keep the building, erected and'to be erected upon the land herein described, insured for the benefit of the Mortgagee, in some good reliable stock insurance company or Companies to the amount of at least Sixty-Five Thousand ($65,000.00) Dollars, and take no insurance out on said buildings, not marked for the benefit of the Mortgagee; the further condition of the said obligation is such, that if at any time default shall be made in the payment of principal and interest or insurance premium as aforesaid, for the space of thirty (30) days after any payment thereof shall fall due, or if a breach of any other of the foregoing conditions be made by the said Mortgagor, his heirs, executors, administrators or assigns, then and in such case, the said principal sum shall at the option of the said Mortgagee, her executors, administrators or assigns, become due; and payment of the same, 6?CK1 :w r:1i? 40 EX H I B I T OT' with the interest and costs of insurance due thereon, as aforesaid, together with an attorneys commission of five (5%) per cent, on the said principal sum, besides costs of suit, may be enforced and recovered at once, anything therein contained to the contrary thereof in anywise notwithstanding, as in and by the said recited Obligation and the condition thereof (relation being thereunto had) may more fully and at large appear. WITNESSETH that the said Mortgagor, as well for and in consideration of the said debt or sum of sixty-Five Thousand ($65,000.00) Dollars, and for the better securing the payment of the same with interest, as aforesaid, unto the said mortgagee, her executors, administrators or assigns in the discharge of the said recited obligation, as for and in consideration of the further sum of one dollar, lawful money, aforesaid, unto the said Mortgagor in hand well and truly paid by said Mortgagee, at granted, bargained and',sold, released, and confirmed, and by these presents, does grant bargain and sell, release and confirm unto the said Mortgagee, her heirs and assigns, ALL THAT CERTAIN tract of land situate in the Township of Hampden, county of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of the public road leading from Good Hope to Erb's Bridge at the corner of lands now or late of Emandar Realty company; thence along the center line of said road South 27 degrees 40 minutes east 152.4 feet to a point; thence continuing along the center line of said road south 26 degrees East 200 feet to a point; thence by other lands now or late of Zedna A. Comella South 72 degrees 23 minutes West 153.5 feet to a mark on a concrete wall on the bank of the conodoguinet creek; thence along the said Creek North 9 degrees 51 minutes West 362.25 feet to a pin on the line of lands now or late of Emandar Realty Company; thence along said lands North 85 degrees 5 minutes West 50 feet to the point or place of'BEGINNING. HAVING thereon erected a one story frame dwelling house known as 411 Good Hope Road. SUBJECT to the right of Zedna A. Comella, widow, her heirs and assigns, to use the 15 foot wide right-of-way extending from said public road from Good Hope to Erb's Bridge through the property herein described to other property of Zedna A. Comella abutting said property herein described on the south for purposes of ingress, egress and regress. The center line of said right-of-way being described as follows: BEGINNING on the western line of said public road at a point 116 feet measured northwardly from the southern line of the property hereinbefore described; thence south 70 degrees 3 minutes West 20.8 feet to a point; thence in a southwestwardly direction on a curve to the left having a radius of 70 feet, 91.02 feet to a point; thence south 4 degrees 27 minutes East 61.27 feet to said adjoining lands of Zedna' A. Comella. BEING the same premises which Thomas J. Schratz, Sr., single man, by his deed of even date and intended to be recorded immediately prior hereto, granted and conveyed unto Richard T. Howarth, Jr., Mortgagor herein. iTOK 1265 PAGE 141 TOGETHER with all and singular the improvements, ways, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents issues and profits thereof; TO HAVE AND TO HOLD the said hereditaments and premises granted, or mentioned and intended so to be with the appurtenances, unto the said Mortgagee, her heirs and assigns, to and for the only proper use and behoof of the said Mortgagee, her heirs and assigns, forever: AND the said Mortgagor, for himself, his heirs and assigns does hereby covenant, promise and agree to and with the said Mortgagee, her heirs, executors, administrators and assigns, that if the said'Mortgagor, his heirs or assigns, shall neglect or refuse to keep up the aforesaid insurance, it shall be lawful for the said Mortgagee, her heirs, executors, administrators or assigns, to insure the said building in a sum sufficient to secure payment of the said principal debt, in case of fire, and shall recover the costs and expenses of such insurance in a suit upon this Mortgage. PROVIDED always, nevertheless, that if the said Mortgagor, his heirs, executors, administrators or assigns, does and shall well and truly pay, or cause to be paid, unto the said Mortgagee, her heirs, executors,. administrators or assigns, the said principal sum of Sixty-Five Thousand ($65,000.00) Dollars, lawful money, aforesaid, on the day and time hereinbefore mentioned and appointed for payment of the'same, together with interest and costs and charges of insurance, as aforesaid, and without any deduction, defalcation or abatement to be made of anything for or in respect of any taxes, charges or assessments whatsoever, then and from thenceforth, as well this present Indenture and the estate hereby granted, as the said recited obligation, shall cease, determine and become void, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. AND PROVIDED, also, that it shall and may be lawful for the said Mortgagee, her heirs, executors, administrators or assigns, when and as soon as the said principal sum shall, in any event, become due and payable, as aforesaid, an Action of Mortgage foreclosure may be properly commenced upon this indenture of mortgage, and proceed thereon to judgment and execution for the recovery of said principal sum and all interest due thereon, and the costs and expenses of insurance, as aforesaid, together with an attorneys commission of five (5%) percent on said principal sum, besides cost of suit, without stay of or exemption from execution or other process, with a full release of errors; and law, rule of court, or usage to the contrary notwithstanding. IN WITNESS WHEREOF, the said party of the first part has to these presents set his hand and seal, the day and year first above written, BOOK 1966 PAGE 142 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF /Zil' TZ (s Richard T. Howarth, Jr. CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee herein is as follows: 1724 Penn Street Harrisburg, PA 17102 Attorney for Agent for Grantee COMMONWEALTH OF PENNSYLVANIA j j SS. COUNTY OF _h8y E Ws 0 j On this, the 6th day of June, 1995, before me a Notary Public, the undersigned officer, personally appeared RICHARD T. HOWARTH, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. -14. 2,4 (?Yptary Public Hy Commission Expires: of Penne"nia I SS 11ty of Cumberiend dad in the office for the recordlM of Deets NOTARIAL andombedand Cou =CHERYL SMI H. SEAL SMITH. Notary Public V0-r' . Pais , Dauphin County ei Of ? n Exoires Aoril 6.1996 ;has my hand o PAth' It 0 - Y -? e o ?1:?6?6 PACE 13 "'C? M w 111) 510 ck r,-BERT P. ZIE ILER Prepared By_ Lorie A. Taylor, Esq. Latsha Davis Yohe & McKerma, P.C. 200 JUN 2 A? j? 32 1700 Bent Creels Boulevard, Suite 140 Mechanicsburg, PA 17050 Tax Parcel No--10-20-1844-015 SPECIAL WARRANTY DEED THIS DEED, made this 1? day of 2006, by and between Richard T. Howarth, Jr., the "Grantor," 71 AND Richard T. Howarth, Jr. and Denise Howarth, his wife, the "Grantees." WITNESSETH, that in consideration of One dollar ($1.00),, in hand paid, the receipt whereof is hereby acknowledged, the Grantor does hereby giant and convey to the Grantees, as tenants by the entireties, their heirs and assigns, all that certain tract of land situate in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania, more practically described in Exhibit "A" attached hereto, hereby incorporated by reference as if herein fully set forth verbatim, and hereby made and to be deemed an integral part hereof. BEING the same premises that Thomas J. Schratz, Sr. by his Deed dated June 6,1995, and recorded in the Cumberland County Recorder of Deeds Office in Record Book 123, Page 227, on June 7, 1995, granted and conveyed unto the Grantor. The Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. THIS TRANSACTION IS EXCLUDED FROM REALTY TRANSFER TAX PURSUANT TO SECTION 1102-C.3(6) OF THE PENNSYLVANIA REALTY TRANSFER TAX ACT AND REGULATIONS PROMULGATED THEREUNDER, AS A TRANSFER BETWEEN SPOUSES. 72 P.S. §8102-C.3(6). IN WITNESS WHEREOF, the Grantor, intending to be legally bound hereby, has caused this Special Warranty Deed to be duly executed on this day, month and year first above written. ? fl Richard T. Howarth, Jr. s0w 274 FACE4465 21181700A 1'1'96:55 AM CUMBERLAND COUNT 1 1 e ?Y `? Inst.# 200619156 - P@OC 1 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the day of N,? nf_ _. 2006, before me a notary public, the undersigned officer, personally appeared Richard T. Howarth, Jr., known to me (or satisfactorily proven) to be the person whose name he subscribed to the within instrument, and acknowledged that he executed -the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal.. No Public c aYLVMIM ? Carrriri? ?r11l I hereby certify that the precise residence or address of the. Grantees in this Special Warranty Deed is 411 Good Hope Road, Mechanicsburg, PA 17050. /A - A tiak Attorney f e Grantee 107859 BOOR 274 PACE4466 2/18/2006 11;26;55 AM CUMBERLAND COUNTY Instl200619156 - Pace 2 of 3 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania., bounded and described as follows, to wit: BEGINNING at a point in the center line of the public road leading from Good Hope to Erb's Bridge at the comer of lands now or late of Emandar Realty Company; thence along the center line of said road south twenty-seven (27) degrees forty (40) minutes east one hundred fifty-two and four tenths (152.4) feet to a point, thence continuing along the center line of said road south twenty-six (26) degrees east two hundred (200) feet to a point; thence by other lands now or late of Zedna A. Cotnella south seventy- two (72) degrees twenty-three (23) minutes west one hundred fifty-three and five-tenths (153.5) feet to a mark on a concrete wall on the bank of the Conodogu.inet Creek; thence along the said Creek north nine (9) degrees fifty-one (51) minutes west three hundred sixty-two and twenty-five one-hundredths (362.25) feet to a pin on the line of lands now or late of Ernaridar Realty Company; thence along said lands north eighty-five (85) degrees five (5) minutes east fifty (50) feet to the point or place of BEGINNING. HAVING thereon erected a one story frame dwelling known as 411 Good Hope Road. SUBJECT to the right of Zedna A. Comella, widow, her heirs and assigns to use the fifteen foot wide right-of-way extending from said public road from Good Hope to Erb's Bridge through the property herein described to other property of Zedna A. Comella abutting said property herein described on the south for purposes of ingress, egress and regress. The center line of said right-of-way being described as follows: BEGINNING on the western line of said public road at a point one hundred sixteen (116) feet measured northwardly from the southern line of the property hereinbefore described, thence south seventy (70) degrees three (3) minutes west twenty and eight- tenths (20.8) feet to a point; thence in a southwestwardly direction on a curve to the left having a radius of seventy feet ninety-one and two one-hundredths (91.02) feet to a point; thence south four (4) degrees twenty-seven (27) minutes east sixty-one and twenty-seven one-hundredths (6127) feet to said adjoining lands of Zedna A. Comella. I certify tii? '.c reoorde in Cumberla,. C'UUnty PA Rcc?,,rder of Deeds OR 274 PACE4467 2/16/2006 11:26:55 AM CUMBERLAND COUNTY Inst.# 200619156 - Paae 3 of 3 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Certified Mail Return Receipt Requested To: Richard T. Howarth, Jr. Re: Lender: Theodora Howarth Mortgage Premises: 411 Good Hope Road, Mechanicsburg, PA 17055 The mortgage held by Theodora Howarth (hereinafter me or mine) on your property, located at 411 Good Hope Road, Mechanicsburg, PA 17055, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $484.63 for the months of July, 1995 - January, 2005 and $1,000.00 for the months of August, 2008 - October, 2008. Late charges (and other charges) have also accrued to this date in the amount of $3,936.45. The total amount now required to cure this default or, in other words, to get caught up in your payments, as of the date of this letter, is $3,150.00. You may cure this default within thirty (30) days of the date of this letter, by paying to me the above amount of $3,150.00, plus any additional monthly payments and late charge which may fall due during the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: 1724 Penn Street, Harrisburg, PA 17102 If you do not cure the default within thirty (30) days, I intend to exercise my right to accelerate the mortgage payments. This means that whatever is owing on the original '.amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within thirty days, I also intend to instruct my attorneys to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt. If I refer your case to my attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorneys' fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorneys' fees will be added to whatever you owe me, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorneys' fees. I may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period, and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payment plus any late or other charges then due, as well as the reasonable attorneys' fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a sheriff's sale could be held would be approximately April 1, 2009. A notice of the date of the sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the regttired payment will be by calling my attorney, Ronald D. Butler, at the following number: (717) 236-1485. This payment must be in cash, cashier's check, certified check or money order and made payable to me at the address stated above. You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEYS' FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED.) CONTACT ME TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Very truly yours, Theodora Howarth NOTICE OF INTENTION TO FORECLOSE MORTGAGE Certified Mail Return Receipt Requested To: Denise Howarth Re: Lender: Theodora Howarth Mortgage Premises: 411 Good Hope Road, Mechanicsburg, PA 17055 The mortgage held by Theodora Howarth (hereinafter me or mine) on your property, located at 411 Good Hope Road, Mechanicsburg, PA 17055, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $484.63 for the months of July, 1995 - January, 2005 and $1,000.00 for the months of August, 2008 - October, 2008. Late charges (and other charges) have also accrued to this date in the amount of $3,936.45. The total' amount now required to cure this default or, in other words, to get caught up in your payments, as of the date of this letter, is $3,150.00. You may cure this default within thirty (30) days of the date of this letter, by paying to me the above amount of $3,150.00, plus any additional monthly payments and, late charge which may fall due during the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: 1724 Penn Street, Harrisburg, PA 17102 If you do not cure the default within thirty (30) days, I intend to exercise my right to accelerate the mortgage payments. This means that whatever is owing on the original 'amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within', thirty days, I also intend to instruct my attorneys to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt. If I refer your case to my attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorneys' fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorneys' fees will be'added to whatever you owe me, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorneys' fees. I may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period, and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriff's foreclosure sale. You may do so by paying the, total amount of the unpaid monthly payment plus any late or other charges then due, as well as the reasonable attorneys' fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a sheriff's sale could be held would be approximately April 1, 2009. A notice of the date of the sheriff's sale will be sent to you before the sale. ? Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling my attorney, Ronald D. Butler, at the following number: (717) 236-1485. This payment must be in cash, cashier's check, certified check or money order and made payable to me at the address stated above. You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGE$ AND ATTORNEYS' FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED) CONTACT ME TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Very truly yours, Theodora Howarth To: Richard T. Howarth, Jr. 6111 Haymarket Way Mechanicsburg, PA 17050 Date: October 1, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling, Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA EXHIBIT "E" LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Richard T. Howarth, Jr. and Denise Howarth PROPERTY ADDRESS: 411 Good Hope Road, Mechanicsburg, PA 17055 LOAN ACCT. NO.: N/A LENDER: Theodora Howarth LENDER/SERVICER: N/A HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing.) During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the, end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. . YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUSNELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES' ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency, Mortgage Assistance ) HOW CURE YOUR MORTGAGE DEFAULT (Bring it UP to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 411 Good Hope Road, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July, 1995 through January, 2005; August, 2008 through October, 2008 Other charges (explain/itemize): Principal $65,000.00; Interest $13,981.25; and Late Charges $2,936.45 TOTAL AMOUNT PAST DUE: $81,917.70 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Theodora Howarth 1724 Penn Street Harrisburg, PA 17102 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON --The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to S50.00. However, if legal proceedings are started against you, you will have to pay 411 reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set fort in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Theodora Howarth c/o Butler Law Firm Address: 500 North Third Street, P.O. Box 1004, Harrisburg, PA 17101-1004 Phone Number: (717)236-1485 Fax Number: (717) 236-7777 Contact Person: Ronald D. Butler, Esquire EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (888) 511-2227 Marantha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 Loveship, Inc. 2320 North 5"' Street Harrisburg, PA 17110 (717) 232-2207 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Adams County Interfaith Housing Authority PHFA 2101 North Front Street P.O. Box 15530 Harrisburg, PA 17105 (717) 780-3940 (800) 342-2397 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 To: Denise Howarth 411 Good Hope Road Mechanicsburg, PA 17055 Date: October 1, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CQNSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance A ency toll free at 1-800-342-23 97. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Richard T. Howarth, Jr. and Denise Howarth PROPERTY ADDRESS: 411 Good Hope Road, Mechanicsburg, PA 17055 LOAN ACCT. NO.: N/A LENDER: Theodora Howarth LENDER/SERVICER: N/A HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing.) During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE' UP TO DATE THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HQW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. . YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUSNELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW CURE YOUR MORTGAGE DEFAULT (Bring it UP to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 411 Good Hope Road, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July, 1995 through January, 2005; August, 2008 through October, 2008 Other charges (explain/itemize): Principal $65,000.00; Interest $13,981.25; and Late Charges $2,936.45 TOTAL AMOUNT PAST DUE: $81,917.70 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH I5 S , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE', DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Theodora Howarth 1724 Penn Street Harrisburg, PA 17102 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to S50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the 'unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale. You may do so bypaving the total amount then pas due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Theodora Howarth c/o Butler Law Firm Address: 500 North Third Street, P.O. Box 1004, Harrisburg, PA; 17101-1004 Phone Number: (717)236-1485 Fax Number: (717) 236-7777 Contact Person: Ronald D. Butler, Esquire EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. Marantha 2000 Linglestown Road 43 Philadelphia Avenue Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 (888) 511-2227 Loveship, Inc. PHFA 2320 North 5"' Street 2101 North Front Street Harrisburg, PA 17110 P.O. Box 15530 (717) 232-2207 Harrisburg, PA 17105 (717) 780-3940 (800) 342-2397 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 VERIFICATION I, Theodora Howarth, Plaintiff herein, hereby certify that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. L/ Theodora Howarth Dated: 1-? EXHIBIT "PETITIONER - 3" ANSWER TO MORTGAGE FORECLOSURE COMPLAINT Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Defendant, Denise D. Shiner, formerly Denise D. Howarth IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THEODORA HOWARTH Plaintiff Vs. RICHARD T. HOWARTH, JR. and DENISE D. HOWARTH, Defendants TO: Theodora Howarth C/O Ronald D. Butler, Esquire 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 NO. 09-0061 CIVIL TERM CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE TO PLEAD You are hereby notified to file a written response to the endorsed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, DIANE G. RADICLIFF;' SQUIRE 3448 TrindLe-Road Camp Hill, PA 17011 Phone: (717) X37-0100 Supreme Court ID # 32112 Attorney for Defendant - 1 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THEODORA HOWARTH Plaintiff NO. 09-0061 CIVIL TERM VS. RICHARD T. HOWARTH, JR. and DENISE D. HOWARTH, Defendants CIVIL ACTION - LAW MORTGAGE FORECLOSURE ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, this day of February, 2009, comes the Defendant, Denise D. Shuler, formerly known as Denise D. Howarth, Defendant, by her attorney, Diane G. Radcliff, Esquire, and files this Answer with New Matter and Counterclaim to Plaintiff's Complaint as follows: ANSWER 1. Admitted. 2. Admitted. 3. Admitted with Clarification. Admitted with the clarification that Defendant Denise D. Howarth has resumed her former name and is now legally Denise D. Shuler (hereinafter "Defendant Shuler"). 4. Denied. Defendant, Denise D. Shuler, is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 4 of Plaintiff's Complaint, and said averments are therefore denied. Defendant Shuler demands strict proof thereof at the trial of this case, if relevant. 5. Denied. Defendant Shuler is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 5 of Plaintiff's Complaint, and said averments are therefore denied. Defendant Shuler demands strict proof thereof at the trial of this case, if relevant. 6. Admitted with Clarification. Admitted with the clarification that Defendant Shuler was not aware of the existence of the alleged loan until 2005E and was not aware of the existence of the mortgage until 2008 after she separated from her spouse, Defendant Richard T. Howarth, Jr. (hereinafter "Defendant Howarth"). -2- 7. Denied. Defendant Shiner is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 7 of Plaintiff's Complaint, and said averments are therefore denied. Defendant Shiner demands strict proof thereof at the trial of this case, if relevant. 8. Admitted in Part and Denied in Part. Defendant Shiner admits that in 2005 she and her spouse, Defendant Howarth agreed to pay $1,000 to Plaintiff Theodora Howarth (hereinafter "Plaintiff Howarth") on monies Plaintiff Howarth allegedly lent Defendant Howarth for the purchase of their home. Defendant Shiner is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments set forth in paragraph 8 of Plaintiff's Complaint, and said averments are therefore denied. Defendant Shiner demands strict proof thereof at the trial of this case, if relevant. 9. Admitted. 10. Admitted in Part and Denied in Part. Defendant Shiner admits that the property was transferred into the joint names of Defendant Shiner and Defendant Howarth as husband and wife on or about June 1, 2006 and that they are, the records owners of the property. Defendant Shiner is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments set forth in paragraph 10 of Plaintiff's Complaint, and said averments are therefore denied. Defendant Shuler demands strict proof thereof at the trial of this case, if relevant. By way of further answer Defendant avers that Plaintiff Howarth was aware' of and consented to the transfer either expressly or impliedly and as a result there was no violation of any provision of the mortgage or note. 11. Admitted. 12. Admitted. 13. Denied. Defendant Shiner is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 13 of Plaintiff's Complaint, and said averments are therefore denied. Defendant Shiner demands strict proof thereof at the trial of this case, if relevant. 14. Denied. Defendant Shiner is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 14 of Plaintiff's Complaint, and said averments are therefore denied. Defendant Shiner demands strict proof thereof at the trial of this case, if relevant. - 3 - 15. Admitted. 16. Admitted. WHEREFORE, Defendant Shiner, respectfully requests this Honorable Court to deny Plaintiff Howarth's request for judgment in mortgage foreclosure for the sale of the mortgage property in favor of Plaintiff and against Defendant Shiner in the sum of '$87,052.41 together with interest from December 22, 2008 at $11.5753 per day plus cost of suit and attorneys fees. NEW MATTER 17. The Defendant Shiner incorporates by reference the answers and averments set forth in paragraphs 1 through 16 inclusive herein the same as if fully set forth at length. 18. Plaintiff Howarth is the mother of Defendant Howarth. 19. Defendant Shiner believes and therefore avers that Plaintiff Howarth forgave her son any indebtedness for the interest owed on the alleged mortgage loan for the period from June 6, 1995 through January 6, 2005, and therefore the interest for that period is not due and owing. 20. Defendant Shiner believes and therefore avers that even if' Plaintiff Howarth did not forgive the indebtedness for the interest owed on the alleged mortgage loan for the period from June 6, 1995 through January 6, 2005, she is barred from the collection that portion of the indebtedness by the applicable four year statue of limitations . 21. Defendant Shiner and Defendant Howarth are in the process of a divorce and determining the equitable distribution of their marital property in the divorce action filed by Defendant Howarth in Cumberland County docketed to No. 08-3599 Civil Term. 22. The Property known as 411 Good Hope Road, Mechanicsburg, 'PA 17055 is a marital asset subject to division between Defendant Howarth and Defendant Shiner. 23. Defendant Shiner believes and therefore avers that this mortgage foreclosure action has been instituted for the purpose of defeating Defendant Shiner's rights to the property in equitable distribution, and as such is against public policy. 24. Defendant Shiner is concurrently herewith filing a Petition to add Plaintiff Howarth as an additional Defendant in this case since her rights will be affected by the outcome of the divorce case. -4- 25. When Plaintiff Howarth is added as a party to this case Defendant Shiner intends to file a petition for an injunction preventing the foreclosure sale of the property until the parties respective rights in and to the property can be determined. 26. Despite the fact that Plaintiff Howarth has alleged that reasonable attorneys fees will be charged if the mortgage is reinstated, Plaintiff Howarth has failed to give Defendant Shuler any payoff statement for the actual amount owed showing reasonable attorneys fees instead of the amount calculation strictly in accordance with the mortgage document. 27. No attorneys fee should be charged to Defendant Shiner when the Plaintiff Howarth prevented Defendant Shiner from bringing the loan current by failing to give her a proper pay off amount. 28. Defendant Shiner has been ready willing and able to make up the past due payments owed to Plaintiff Howarth but has been unable to secure an agreement as to the correct amount owed or the proper amount of the attorneys fees payable, if any. WHEREFORE the Plaintiff requests this Honorable Court to enter judgment in favor of the Defendant Shiner and against the Plaintiff Howarth, denying and dismissing Plaintiff Howarth's request for judgment in mortgage foreclosure for the sale of the mortgage property in favor of Plaintiff and against Defendant Shuler in the sum of $87,052.41 together with interest from December 22, 2008 at $11.5753 per day plus cost of suit and attorneys fees. COUNTERCLAIM 29. The Defendant Shuler incorporates by reference the answers and averments set forth in paragraphs 1 through 36 inclusive herein the same as if fully set forth at length. 30. Defendant Shuler believes and therefore avers that Plaintiff Howarth has never reported any of the interest she received from Defendant Howarth and Defendant Shuler in repayment of this alleged mortgage loan on herapplicable tax returns as required by law. 31. For the period from January 1, 2005 through December 31, 2008, Plaintiff Howarth never gave Defendant Shuler a 1099 INT statement fore the interest she and/or Defendant Howarth paid on this alleged mortgage loan so that she could report the alleged mortgage interest on her applicable tax returns. - 5 - 32. As a result of Plaintiff Howarth's failure to give Defendant Shuler a 1099 INT statement for the interest paid during the period of January 1, 2005 through December 31, 2008, Defendant Shuler paid excess taxes and claim is made therefore the excess tax amount. 33. As a result of Plaintiff Howarth's failure to report the interest allegedly paid by Defendants Howarth and Shuler on her applicable tax return allegedly charged and paid during the period from January 1, 2005 through December 31, 2008, Plaintiff Howarth received a windfall in the form of taxes not paid and claim')s made therefor. WHEREFORE, Defendant Shuler respectfully requests this Honorable Court to entered judgment in favor of Defendant Shuler and against Plaintiff Howarth in an amount equal to the excess taxes paid by Defendant Shuler for the period from January 1, 2005 through December 31, 2008 plus the amount of taxes not paid by Plaintiff Howarth together with interest and cost of suit. Respectfully submitted, DIANE:-RiADCLIFF, 'E? QUIRE 3448 Trindfe' Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Defendant -6- VERIFICATION I, Denise D. Shuler, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. r -` r( DENISE D. SHULER Dated: February 10, 2009 -7- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Ronald D. Butler, Esquire 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (Counsel for Plaintiff) Richard T. Howarth 6111 Haymarket Way Mechanicsburg, PA 17050 (Defendant, Pro Se) With a Courtesy Copy To: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Counsel for Richard T. Howarth, Jr. in Cumberland County Divorce# 08-3599 CIVIL TERM) DIANE-G-. DCLIFF,' E !QUIRE (Attorney Registration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff@comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Defendant Denise D. Shiner Formerly Denise D. Howarth I Dated: A y _.. t'? r cr A? ? -1'? _ • ? ' w7 1'7 ?` r-, ? .? , f_al , r?.> ; ? .. ..' "-e ! l ter. ?? .TJ "? .•- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR. . Plaintiff NO. 08-3599 CIVIL TERM V. CIVIL ACTION - LAW ORIGINAL y FEB 13 200% DENISE D. HOWARTH, now by resumption IN DIVORCE of former name, DENISE D. SHULER, Petition to Join Additional Defendant Defendant ORDER OF COURT Re: Petition to Join Theodora Howarth as an Additional Defendant AND NOW, this J Tj day of? , 2009, upon consideration of the within Petition, IT IS HEREBY ORDERED that a Rule is issu upon the Respondent, Richard T. Howarth, Jr., to show cause why the relief requested in the within Petition should not be granted. The Rule is returnable at a hearing to be held in this matter on the &41'v--day of INN?^-e-?- , 2009 at 1.3yo'clock ?V.m. in Courtroom -5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Distribution to: JUDGE ttorney for Petitioner/Defendant: Diane G. Radcliff, Esquire, 2448 Trindle Road, Camp Hill, PA 17011 .? ttorney for Respondent/Plaintiff: P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 ?o a R' 4 JANIOIRO v db-?C???;, ?p©pl ??! fry ;?-4-a` .? M - r" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR. Plaintiff V. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, Defendant V. THEODORA HOWARTH, Additional Defendant NO. 08-3599 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE STIPULATION C-1- AND NOW, this a?day of r, rl,.?J_ , 2009, the parties, by their duly authorize legal counsel, Diane G. Radcliff, Esquire for laintiff and P. Richard Wagner for Defendant, hereby stipulate and agree to the following and authorize the Court I this case to enter the foregoing order: Theodora Howarth shall be joined as an additional Defendant in this case. 2. Hereafter the caption in this case shall be changed to reflect that joinder. 3. Counsel for Plaintiff shall serve a copy of the order to be entered pursuant to the terms of this Stipulation on Defendant's counsel and the Additional Defendant. Plaintiff's counsel shall also serve a copy of the Divorce Complaint upon the Additional Defendant. IN WITNESS WHEREOF, the parties legal counsel, having been authorized by their respective client's to act on their behalf have set their hands and seals the day and year below written. (SEAL) mad 'ff, Esquire ntiff I P. Richard Wagner, Esquire, Attorney for Defendant Dated: S ??A _1?1 ?. EAL) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR. Plaintiff V. NO. 08-3599 CIVIL TERM CIVIL ACTION - LAW DENISE D. HOWARTH, now by resumption IN DIVORCE of former name, DENISE D. SHULER , Defendant Certification I, Diane G. Radcliff, Esquire, Attorney for Defendant, hereby certify that: 1. The only Judge(s) assigned to this case is/are: The Honorable M. L. Ebert, who had scheduled a hearing on the Petition for joinder of Additional Defendant resolved by the within Stipulation. 2. The parties have agreed to the entry of the Order as evidenced by the Stipulation attached to the proposed Order. Respectfully submitted, D CLIFF, ESQUIRE 3 Road Camp Hill, PA 17011 (717) 737-0100 I.D. No. 32112 Attorney for Defendant. FILED-3 i•,CE V )77 T 2009 APP `b Pi l J: G S y Cu: ff pp r?Y APR 0 7 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR. Plaintiff NO. 08-3599 CIVIL TERM V CIVIL ACTION - LAW DENISE D. HOWARTH, now y resumption IN DIVORCE of former name, DENISE D. S ULER, Defend V. THEODORA HOWARTH, Addition 1 Defendant ORDER OF COURT Re: Petition t Join Theodora Howarth as an Additional Defendant AND NOW, this 1S7 Stipulation it is hereby ordered Hereafter the caption in this cas a copy of this order on Defend, serve a copy of the Divorce Cc ?J day of k , 2009, upon consideration of the within that Theodora Howarth is joined as an additional Defendant in this case. shall be changed to reflect that joinder. Counsel for Plaintiff shall serve is counsel and the Additional Defendant. Plaintiff s counsel shall also plaint upon the Additional Defendant. BY THE COURT: M. L. EBERT, JUDGE Distribution t for ttorney for Diane G. Radcliff, Esquire, 2448 Trindle Road, Camp Hill, PA 17011 P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 Q s 'ZI Wd C I SJV 6001 AM ubd 40 2010 MAY 20 A 10: ? U SPACE ABOVE THIS LINE FOR FILING INFORMATION Prepared by: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Defendant, Denise D. Shuler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR., Plaintiff NO. 08-3599 CIVIL TERM V. CIVIL ACTION - LAW DENISE D. HOWARTH, now by resumption IN DIVORCE of former name, DENISE D. SHULER, Defendant V. THEODORA HOWARTH, Additional Defendant MOTION FOR APPOINTMENT OF MASTER Defendant, Denise D. Shuler, moves the Court to appoint a Master with respect to the following claims: x Divorce 1xi Distribution of Property Annulment Support Alimony Counsel Fees Alimony Pendente Lite Costs and Expenses In support of the Motion the Defendant states: Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The Plaintiff [X] has [ ] has not appeared in the action personally [X] by his attorney, P. Richard Wa ner, Esquire. The Additional Defendant has [X] has not appeared in the action [ ] personally [ by her attorney. It is believed, however, that she will be represented by Ronald D. Butler, Esquire, in this case. 3 The statutory ground for the divorce is/are: Section 3301 (c) No-Fault. Check the applicable paragraphs: The action is not contested. An agreement has been reached with respect to the following claims: X The action is contested with respect to the following claims: All Claims The action does not involve complex issues of law or fact. The hearing is expected to take one (1) day. Additional information, if any, relevant to the motion: 4 6. 7. (A) The Additional Defendant was joined because she holds the mortgage against the marital home. There is a substantial dispute as to the amount owed, if any. A mortgage foreclosure action has been filed- the Additional Defendant and is docketed to Cumberland County, No 09-0061 (B) Shortly before separation, Plaintiff cashed in a Certificate of Deposit held in Wife's sole name. He refused to return the money to her or to her bank who subsequently recognized its error and made her whole, but froze her account. There is also litigation regarding that Certificate of deposit filed by members first and docketed to Cumberland County No. 10- 2555. (C) The names and addresses of the parties and their attorneys are as follows Moving Party• Denise F. Shuler 411 Good Hope Road Mechanicsburg, PA 17050 Non Moving Party: Richard T. Howarth, Jr, 6111 Haymarket Way Mechanicsburg, PA 17050 Additional Defendant Theodora Howarth 1724 Penn Street Harrisburg, PA 17102 Moving Party's Attorney Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradclift2comcast.net Date: Max 20, 2010 Non-Moving Party's Attorney P. Richard Wagner, Esquire 2233 North Front Street, Harrisburg, PA 17110 Phone: 717-234-7051 Fax: 717-234-7080 Additional Defendant's Attorney Ronald D. Butler, Esquire 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 Phone: 717-236-1485 Fax:: 717-236-7777 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: P. Richard Wagner, Esquire 2233 North Front Street, Harrisburg, PA 17110 (Counsel for Plaintiff ) Theodora Howarth 1724 Penn Street Harrisburg, PA 17102 (Additional Defendant) Ronald D. Butler, Esquire 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (Attorney for Additional Defendant) Dated: May 20, 2010 Camp Hill, PA 17011 Email: dianeradcliff comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant MAY 212010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR., Plaintiff NO. 08-3599 CIVIL TERM V. ' CIVIL ACTION - LAW DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, DIVORCE Defendant V. CP N i THEODORA HOWARTH, -* Additional Defendant "? c=c ORDER APPOINTING MASTER AND NOW, tea., 2/', 2010, E. Robert Elicker, If, Esquire is appointed Master with respect to the following claims: [ x] Divorce [ ) Annulment [ ] Alimony [ ] Alimony Pendente Lite [x] Distribution of Property [ J Support [ ] Counsel Fees [ ] Costs and Expenses BY THE COURT: C'OfIV-s mgt( .447 SAR //to 4AI? JUDGE ;1r- (yam L t _ ?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR., Plaintiff V. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, Defendant V. THEODORA HOWARTH, Additional Defendant NO. 08-3599 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF DENISE D. SHULER I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, are true and correct to the best of my knowledge, information and belief. 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: r q 2G ?? DENISE D. SHULER - 1 - PART L INCOME ?q DESCRIPTION BIMONTHLY MONTHLY YEARLY INCOME: Gross Income $2,750.00 $5,500.00 $66,000.00 Subtotal Income $2,750.00 $5,500.00 $66,000.00 MANDATORY DEDUCTIONS FICA ($170.50) ($341.00) ($4,092.00) Medicare ($39.88) ($79.76) ($957.12) Federal Tax ($452.35) ($980.09) ($11,761.10) State Tax ($84.42) ($182.91) ($2,194.92) Local Tax ($50.00) ($108.33) ($1,300.00) PaSUI (Unemployment) ($2.20) ($4.77) ($57.20) Subtotal Mandatory Deductions ($799.35) ($1,696.86) ($20,362.34) INSURANCE Medical Insurance ($3.00) ($6.00) ($72.00) Subtotal insurance ($3.00) ($6.00) ($72.00) SUMMARY Income $2,750.00 $5,500.00 $66,000.00 Mandatory Deductions ($799.35) ($1,696.86) ($20,362.34) Insurance ($3.00) ($6.00) ($72.00) NET INCOME $1,947.65 $3,797.14 $45,565.66 -2- DESCRIPTION MONTHLY YEARLY Interest £t Dividends $25.00 $300.00 Pensions 6t Annuities Social Security Rents Royalties Expense Account Gifts Employer Fringe Benefits Unemployment Or Workman's Compensation Support or Alimony (not this case) $718.00 $2,136.00 Commissions or Tips Other TOTAL OTHER INCOME $743.00 $2,436.00 - 3 - PART II EXPENSES HOME EXPENSES: First Mortgage TBD See inventory for Comments on Mortgage Maintenance and Repairs $75.00 Electric $120.00 Oil $100.00 Home Telephone/Cable/Internet $150.00 Cell Phone $190.00 Trash $15.00 EMPLOYMENT AND NON-MANDATORY EMPLOYMENT' DEDUCTIONS Lunches $200.00 TAXES: Real Estate Taxes Municipal (Spring) $23.00 No Mortgage Escrow Real Estate Taxes School (Fall) $68.00 No Mortgage Escrow Per Capita/ Occupation Tax $4.00 INSURANCE: Homeowners Insurance $32.00 No Mortgage Escrow Automobile Insurance $200.00 Medical insurance $355.27 (Cobra) Dental Insurance $30.00 (Cobra) AAA $15.00 AUTOMOBILE EXPENSES: Payments $545.00 Jeep Et Scrambler Fuel $300.00 Maintenance and Repair $292.00 License and Registration $29.00 Acura, Van, Jeep MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE: Doctor $60.00 Optical/Vision $41.67 Dental $170.00 -4- Medicine/ Prescriptions $200.00 Special Needs/Therapy Etc. $25.00 Allergy Specialist EDUCATIONAL EXPENSES: College £t Vocational $200.00 Books, Fees Et Supplies $150.00 PERSONAL EXPENSES: Clothing $200.00 Food $400.00 Barber Et Hair Dresser $140.00 Memberships $47.00 CREDIT CARDS AND LOANS: CitiBank $50.00 Balance @ $250.00 AirTrans $50.00 Balance @ $195.00 Discover $300.00 Balance @ $2,300.00 MISCELLANEOUS EXPENSES: Entertainment $75.00 Vacations $100.00 Gifts $40.00 Legal Fees Varies Charitable Contributions $60.00 TOTAL EXPENSES $5,051.94 - 5 - PART III. PROPERTY OWNED IT YPE DESCRIPTION VALUE H W JT Checking 47.00 X Checking 50.00 x Savings 2,300.00 x Savings 5.00 x Credit Union Stocks/bonds/CDs Member's 1S` CDS 25,000.00 X Real Estate 411 Good Hope Road, 142,000.00 X Mechanicsburg, PA Retirement Plans IRA accounts 38,544.00 X Other TOTAL 207, 946.00 PART IV. INSURANCE TYPE COMPANY POLICY NO. H W C Hospital CareFirst X1L904008464 x x Medical CareFirst X1 L904008464 x x Health Accident Disability Income Dental Amerifirst x x Vision Other-Specify *H=Husband; W=Wife; J=Joint; C=Child or Children -6- PART V. SUPPLEMENTAL INCOME STATEMENT [ d ] CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check block to indicate the document is attached): (1) The most recent Federal Income Tax Return. [ ] attached (2) The most recent Profit and Loss Statement. [ ] attached (c) Name of Business: Business Address: Business Telephone: (d) Nature of Business (check one) [ ] 1. Sole Proprietorship [ ] 2. Partnership [ ] 3. Joint Venture [ ] 4. Professional [ ] 5. Corporation [ ] 6. Other (e) Name of accountant, controller or other person in charge of financial records: (f) Bu! 1. 2. 3. 4. 5. iness Income: Annual income from business: How often is income received: Gross income per pay period: Net income per pay period: Specify deductions, if any: CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on May 21, 2010, 1 served a copy of the within Inventory, by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiff) Ronald D. Butler, Esquire 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (Attorney for Additional Defendant) Theodora Howarth 1724 Penn Street Harrisburg, PA 17102 Additional Defendant y DI D LIFF, ESQUIRE 3 oad Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant -8- IN THE COURT OF COMMON PLEAS OF CUMBER,` b',?OUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR., Plaintiff V. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, Defendant NO. 08-3599 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. THEODORA HOWARTH, Additional Defendant INVENTORY OF DEFENDANT. DENISE D SHULER Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. zi-"'; ?)' g2'0' DENISE D. SHULER, Defendant Dated: 5/ 19/Zo[v Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID #32112 Attorney for Defendant, Denise D. Shuler Dated: ASSETS AND LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (X) 1. Real Property and Real Estate Mortgages (X) 2. Motor Vehicles and Vehicle Liens () 3. Stocks, Bonds, Securities and Options (X) 4. Certificates of Deposit (X) 5. Checking Accounts, Cash () 6. Savings Accounts, Money Market and Savings Certificates () 7. Contents of Safe Deposit Boxes () 8. Trusts O 9. Life Insurance Policies O 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, Copyrights, Inventions, Royalties () 14. Personal Property Outside the Home () 15. Business () 16. Employment Termination Benefits-Severance Pay, Worker's Compensation O 17. Profit Sharing Plans () 18. Pension Plans (indicate employee contribution and date plan vests) (X) 19. Retirement Plans, Individual Retirement Accounts () 20. Disability Payments () 21. Litigation Claims (matured and unmatured) O 22. MilitaryN.A. Benefits () 23. Education Benefits () 24. Debts Due, including loans, mortgages held (X) 25. Household Furnishings and Personalty () 26. Other Assets (X) 27. Loans, Credit Cards and Other Debts -2- INFORMATIONAL NOTES AND CODES ">" denotes information of importance 2. " *" denotes documents/information to be supplied by the designated party. 3. "X" denotes an item about which a decision is required. 4. "NM" denotes non-marital property, not subject to equitable distribution. 5. "HMN" denotes Husband's non-marital property. 6. "WNM" denotes Wife's non-marital property. 7. "A" denotes appraisal. 8. "1" denotes that the entry (value) is verified by a document. 9. The values used in the various Tables herein may, in some cases, be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 10. Any adjustment figures used in the various tables herein are for illustration purposes only and are not to be deemed a representation on the part of the Defendant as to whether an adjustment should be made or the amount of the adjustment, if any is appropriate. -3- SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: TABLE #1-A PARTIES DFSCRJ'TION .. , _ HUSBAND win Name Richard T. Howarth, Jr. Denise D. Shuler Maiden Name N/A Denise D. Shuler Address 6111 Haymarket Way Mechanicsburg, PA 17050 411 Good Hope Road Mechanicsburg, PA 17050 Date of Birth 6/24/1961 4/6/1963 Age 48 47 Health Status Good Good Educational Background 1995 BA (Communications) PSU 2004 BSWT) - Univ.of Phoenix 199$ Assoc Degree - Names and Relationship of Persons Living with party Unknown Aaron Mariano, Son (19) Lauren Mariano, Daughter (17) Date Moved to Current Residence 7/28/2008 07/2000 Date PA Residency Began 1973+/- 1995 Current Military Service None None Number of Marriage 2 2 Employer Jim Davis (UPS sales) Acclaim Systems Occupation (Job Position) Sales Business Analysis Date Employment Commenced 3/2008 01/2010 Est. Income Unknown $66,000 TABLE #1-B MARRIAGE INFORMATION MS M' -1715N INFORMATION Date of Marriage 7/3/2000 Place of Marriage Carlisle, PA Date of Separation 6/16/08 Grounds for Divorce No Fault Prior Divorce Actions Between Parties None -4- TABLE #1-C CHILDREN OF THIS MARRIAGE NAB AGE DATE OF BIR H VRAZI L :OR XO '+I oft None N/A N/A N/A N/A TABLE #1-D CHILDREN OF OTHER' RELATIONSHIPS/MARRIAGES Ft`. hIA1VIE OF CHILD 4? AG ' NOUN. Wife Aaron Mariano 12/12/90 19 Emancipated Wife Lauren Mariano 9/6/92 17 Wife -5- TABLE #1-G PROCEEDINGS INFORMATION: COM PLAITIT Complaint Filing Date 6/16/2008 Date of Service Manner of Service Certified Mail, Restricted Delivery Type of Divorce Requested 3301(c) No Fault Economic Claims Raised Equitable Distribution; APL; Counsel Fees and Costs ANSWER, COUN'T'ERCLAIM AND/OR OTHER'PLEADING RAISING ECONOMIC CLAIMS Type of Pleading None Pleading Filing Date N/A Type of Divorce Requested N/A Economic Claims Raised N/A INCOME AND EXPENSE STATEMENTS Plaintiffs I&E Statement Filing Date None filed Defendant's I&E Statement Filing Date Concurrent with this filing INVENTORIES Plaintiffs Inventory Filing Date None filed Defendant's Inventory Filing Date This filing 3301 C DOCUMENTS Plaintiffs 3301(c) Affidavit Date None Filed Plaintiffs 3301(c) Affidavit Filing Date N/A Defendant's 3301(c) Affidavit Date To be filed Defendant's 3301(c) Affidavit Filing Date TBD Plaintiffs 3301(c) Waiver of Notice Date None Plaintiffs 3301(c) Waiver Filing Date N/A Defendant's 3301(c) Waiver of Notice Date to be filed Defendant's 3301(c) Waiver Filing Date N/A -6- SECTION II. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: TABLE Richard T. Howarth, Jr. vs . Denise D. Howarth DOM: July 3, 2000 • DOS (In House): June 16, 2008 * DOS (Filing Date): June 16, 2008 Premed: M 19, 201 A B C D E F G H I Ln B. Ref Owner Description Date Net Value Net Proposed Proposed No Calculation Distribution Distribution Distribution To Value To Husband Wife 5 RE-1 it 411 Good Hope Road 142,000.00 142,000.00 142,000.00 Mechanicsburg, PA 17055 V-1 it 2005 Nissan Quest 7.24.08 16,165.00 16,165.00 16,165.00 (Wife's use) s V-2 H 1988 Chevy Silverado H's NM H's NM H's. NM 10 INV-1 W Member's 1S' Acct #7946 4.21.08 19,355.89 19,355.89 19,355.89 #4911 month CD 11 INV-2 W Member's 1 S' CD # 6.13.08 5,148.23 5,148.23 5,148.23 12 INV-3 H Member's 1S' CD Est 7,646:40 7,646.40 7,646.40 14 A-1 it (H) Member's 1 St Acct #1361 Sav 6.24.08 25.00 25.00 25.00 15 A-2 it (w) Member's 1 s' #7946 Ck 6.25.08 57.57 57.57 57.57 16 A-2 it (w) Member's 1 St #7946 Sav 6.25.08 6.23 6.23 6.23 17 A-2 it. (w) Member's 1S' Acct #7946 MM 6.25.06 2.40 2.40 2.40 18 A-3 W Member's 1St Acct #2792 Ck 6.16.08 918.01 918.01 918.01 19 A-3 W Member's 1S' Acct #2792 Sav 6.15.08 2,457,27 2,457.27 2,457.27 20 A-3 W Member's 1S'Acct #2792 MM 6.24.08 7,937.87 7,937.87 7,937.87 21 A-3 W Member's 1 s` Acct #2792 CD 6.24.08 6,007,15 6,007.15 6,007.15 22 A-4 H Commerce Bank Checking Est 964.13 964.13 964.13 23 A4 H Commerce Bank Savings Est 2,334.87 2,334.87 2,334.87 25 Ret-1 W Hartford Advantica 401K Plan 3.31.08 16,5486 16,544.86 16,544.86 26 Ret-1 W Scudder Trust (Venator)R/O 2001 (5,180.10) (5,180.10) (5,180.10) 27 Ret-2 W SERS American Funds Roll 12.31.08 9,142.93 9,142.93 9,142.93 Over IRA 28 Ret-3 W Member's 1St Acct # 7946 7.24.08 5,351.29 5,351.29 5,351.29 #15-19mo IRA 29 Ret-3 w Member's 1S' Acct # 7946 7.24.08 3,470.03 3,470.03 3,470.03 #15 - 60 mo IRA -7- TABLE #2 Richard T. Howarth, Jr, vs. Denise D. Howarth DOM: July 3, 2000 • DOS (in House): June 16, 2008 • DOS (Filing Date): June 16, 2008 Pre ,red: 19, 2010 A B C D E F G H I Ln No B. Ref ffer Description Date F Net Value Calculation Net Distribution Value Proposed Distribution To Husband Proposed Distribution To Wife 30 Ret-3 W Member's 1 st Acct # 7946 #17 -15 mo IRA 7.24.08 4,036.65 4,036.65 4,036.65 31 Ret-4 H Member's 1St Acct # 1361 #15- 19 mo IRA 7.24.08 5,329.65 5,329.65 5,329.65 32 Ret-4 H Member's 1 "Acct # 1361 #16 - 60 mo IRA 7.24.08 3,457.50 3,457.50 3,457.50 33 35 Ret-4 OA-1 H Member's 1StAcct # 1361 #17 -15 mo IRA IRS 2007 Income Tax Refund 7.24.08 9.4.08 4,025.73 1,200.00 4,025.73 1,200.00 4,025.73 1,200.00 36 A-2 Jt (H) HB McClure Refund TBD 500.00 500.00 500.00 37 38 40 Total of Assets 258,904.56 D-1 it Member's 1St Visa # 79462 7.24.08 (1,027.10) (1,027.10) 24,283.28 234,621.28 (1,027.10) 47' ; 42 Total of Debts (1,027.10) 0.00 (1,027.10) 43 NI rTOIALkt 44 Asset Totals from above 258,904.56 24,283.28 234,621.28 45 Less Debt Totals from Above (1,027.1 0 0.00 (1,027.10) 46 Net Total • Assets Minus Liabilities 257,877.46 24,283.28 233,594.18 47 F15TMENT fOR VERA t 'E 131??1? ` 48 Net Total • Assets Minus Liabilities From Above 257,877.46 49 Amount Due Parties in 50/50 Division 128,938.73 128,938.73 5o Less Total Assigned to Parties From Above 24 283.28 233 594.18 51 50/50 Division Adjustment Amount 104,655.45 (104,655.45) Notes on 411 Good Hope Road, Mechanicsburg, PA (Line 5 -RE-1 of Table #2 above) 1. Prior to the parties' marriage on 6/6/95, Husband acquired title in his sole name to the real estate located at 411 Good Hope Road Mechanicsburg, PA 2. On 6/6/95, prior to the parties marriage, Husband borrowed $65,000 from his mother, Theodora Howarth. That loan was secured by a mortgage against that real estate. 3. Between 6/6/05 and the 7/3/00 date of marriage, Husband made no payments on that -8- premarital loan so that as of the 7/3/00 date of marriage his loan balance was $86,098.76. 4. Between 7/3/00 (date of marriage) and 2/5/05 Husband made no payments on that loan so that as 2/5/05 his premarital loan balance was $105,159.44. 5. The real estate was transferred into joint names of husband and wife on 6/1/06. The deed is recorded in Deed Book 274 page 4465. 6. Wife never assumed Husband's premarital loan owed to Theodora Howarth at the time of transfer of the real estate. 7. During the marriage from 3/6/06 to 2/6/08, at Husband's insistence, $1,000 per month for a total of $42,000.00 was paid to Theodora Howarth on Husband's premarital debt. Because there was no written agreement regarding those payments, it is unknown what the balance is. 8. Wife did not learn of the existence of the mortgage until after these proceedings were initiated. 9. It is Wife's position that this is Husband's premarital loan for which she has no legal liability. The fact that the collateral for that loan is a marital asset does not change its premarital character. However, since it is a lien against the real estate, it must be paid from Husband's share of the marital estate so as to clear the real estate from that lien. -9- SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY The following Tables #3-A and # 3-B set forth the household goods and contents and other personal property of the parties: , Defendant does not believe there is or will be a dis ute as to the parties household goods and contents and therefore, Tables #3-+A and #3-13 have not been completed. TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN HUSBAND'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION DATE IF NON- MARITAL Not in Dispute H & W Husband -- Comments: TABLE #3-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION DATE IF NON- MARITAL Not in Dispute H & W Wife -- Comments: Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. The value of each item has been estimated by Defendant unless otberwsise noted. -10- SECTION IV. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties: 3,4 Defendant believes there is no non-marital property and therefore Table #4 has not been completed. TABLE #4 NON-MARITAL PROPERTY AND DEBTS A B C D E F G Ln Description Non-Marital Marital Value Total Value Basis for Method of No Value Exclusion If Valuation & Claimed to Be Supporting Non- Marital Documents 1 None N/A N/A N/A N/A N/A. SECTION V. PROPERTY TRANSFERRED The following Table #5 is Defendant's listing of all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: TABLE #5 PROPERTY TRANSFERRED NO. DESCRIPTION OF PROPERTY TRANSFER CONSIDERATION TRANSFEROR TRANSFEREE DATE 1 Wife's Member's 1` CD 4/08 0 Husband Husband -- On or about 4/21/08, Husband cashed in Wife's CD in the amount of $19,355.89 without Wife's consent. He subsequently deposited that amount into an escrow account with his attorney, P. Richard Wagner, Esquire, who refused to return the money to Member's V. There is pending litigation with Member's 151 regarding this CD. 3Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. a The value of each item has been estimated by Defendant unless otherwise noted. -11- CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on 10 , I served a copy of the within Inventory, by mailing same by first class mail, postage prepaid, ddres ed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiff) Ronald D. Butler, Esquire 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (Attorney for Additional Defendant) Theodora Howarth 1724 Penn Street Harrisburg, PA 17102 Additional Defendant -12- Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant RICHARD T. HOWARTH, JR., Plaintiff V. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, Defendant V. THEODORA HOWARTH, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3599 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: c.- "t"4 s'k .?y `- i1? .`.. b Q N CT -r, W C" Please enter our appearance as attorneys for Theodora Howarth in the above-captioned matter. Date: ?? aS- ZD1 Date: J5 ZS 20/ /M/?? Ronald D. Butler, Esquire I.D. #80574 'S., &I. 64 SuzAu? M. Butler, Esquire I.D. #306931 Butler Law Firm 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 7r T$ ?Z -t^y ?Elt_. ., .~" T' ~''.. t r ri,r ~, n: ~ ~~ „ ~ ., -.; l.eL,.u:~. _ 1. Y F Pleading: Defendant's Pre-Trial Statement Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Defendant, Denise S. Shuler Previously Assigned Judge: Divorce Case: the Honorable M.L. Ebert, Jr. Companion Equity Action No 10-2555: the Honorable Albert Masland Appearance For Plaintiff: P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 Email: None • Phone: 234-7051 • Fax: 234-7080 Appearance For Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Cam Hill, PA 17011 Email: dianeradcliff(a,comcast.net • Phone: 717-737p0100 • Fax: 717-975-0697 Appearance of Additional Defendant: Ronald D. Butler, Esquire, 500 North Third Street, P.O. Box 1004, Harrisburg, PA 17108 Phone: 717-236-1485 • Faa: 717-236-7777 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR., Plaintiff V. DENISE D. HOWARTH, now byy resumption of former name, DENISE D. SHULER, Defendant V. THEODORA HOWARTH, Additional Defendant NO. 08-3599 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Defendant, Denise D. Shuler, formerly Denise D. Howarth, by her attorney, Diane G. Radcliff, Esquire files this Pre-Trial Statement. Respectfully Submitted, DATED: ZCe N DCLIFF, ESQUIRE TABLE OF CONTENTS SECTION DESCRIPTION PAGE - Informational Notes, Codes and Rules 2 I. Case Synopsis 3 , II. Background Information 8 III. Listing of Marital Assets and Debts 11 IV. Listing of Personal Property 13 V. Listing ofNon-Marital Assets and Debts 14 VI. Pensions 15 VII. Incomes and Expenses 16 ' VIII. Counsel Fees and Costs 18 IX. Expert Witnesses 19 X. Other Witnesses 19 XI. Proposed Resolution 20 XII Listing of Proposed Exhibits 21 INFORMATIONAL NOTES AND CODES 1. ">" denotes information of importance 2. "~k" denotes documents/information to be supplied by the designated party. 3. "fit" denotes an item about which a decision is required. 4. "NM" denotes non-marital property, not subject to equitable distribution. 5. "HMN" denotes Husband's non-marital property. 6. "WNM" denotes Wife's non-marital property. 7. "A" denotes appraisal. 8. "d" denotes that the entry (value) is verified by a document. 9. The values used in the various Tables herein may, in.some cases, be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 10. Any adjustment figures used in the various tables herein are for illustration purposes only and are not to be deemed a representation on the part of the Defendant as to whether an adjustment should be made or the amount of the adjustment, if any is appropriate. Page 2 SECTION I. SYNOPSIS OF THE CASE The parties are husband and Wife. There were married on July 3, 2000 in Carlisle, PA. They separated on June 16,2008. This is a second marriage for each party. Husband has no children. Wife has 2 children from a prior marriage, ages 19 and 17, both of who live with her. Husband has been employed by Jim Davis in Sales for UPS since March 2008. His income is unknown. Wife has been employed by Acclaim Services as a business analyst since January 2010. She earns approximately $65,000 per year. As shown on Table #2 of this Pre-Trial Statement, the parties have approximately $257,000 in marital assets. MARITAL HOME When the parties married the marital home located at 411 Good Hope Road, Mechanicsburg PA was titled in Husband's sole name. It was is substantial need of repair. Most of the windows and doors did not seal, windows were missing glazing or glass altogether. The floors were mere sub-floors that you could see through to the basement. Walls were missing or had holes in them. The deck was in disrepair supported by 2x4s stick in the ground. The bay window off of the living room was pulling away from the house with a 1.5" gap in the flooring. The kitchen cabinets were only about 3 years old but never varnished or finished. The Kitchen counter was plywood. The kitchen and front door gapped and did not shut properly. There were no storm windows or doors. The garage windows were busted out and there was no garage door. The garage had a dirt floor. There was wood missing in places. The sidewalk was cracked and missing pieces. The driveway had potholes. The basement entry from the outside was rotted plywood. . From July 2000 through February 2005, Husband was unemployed. During that time wife spent approximately $54,000 to effectuate the following listed repairs. The money came from her income and child support . All family members worked on the projects including wife's children. For example: Wife dug the garage dirt floor to the last 1 /8 of the floor when husband and the children took over for her; She hung light fixtures and ceiling fans; She laid and grouted tile; she hung and sanded dry wall and painted; and she measured sawed and roofed the garage. The following is a listing of the repairs done on the marital home during the parties' marriage: 1. Gardens: Enhanced and refined; planted trees (2 maples, 4 pines; 1 oak); flowers and ornamental grass gardens, rock garden, fencing; vegetable garden expanded to 30 x 20 @ $100.00. Numerous plants were given to wife by her children. Many flowers purchased by wife for ascetics. Page 3 2. Driveway and Parking Pad: added stone to parking pad @ $300, re-paved sidewalk @ 100 - not complete. 3. Garage: Remodeled 10 x 20 room in rear @ $3,000; 6 new windows @ $420; French doors, wood stove and new piping @ $500; dry wall and new paint @ $300; new/used decking off side with railing @ $325; new cement flooring in front part of garage @ $500; 2 new windows @ $150; a 1.5 garage door with automatic opener @ $1,000; new front security door @ $100; new roof in 2003 @ $1,200; new insulation and siding in 2003 @ $2,700. 4. House was remodeled 2001-2003 including: (a) Attic -side walls and dormer window @ $350; (b) Basement -New furnace in 2001 @ $1,900; new well pump motor in 2002 @ $350; new walk out entry in 2002 @ $500; new basement stairs in 2001 @ $300; remodeled partial basement for additional bedroom in 2002 @ $500; new wiring in 2002-2003 @ $500; new sump-pump in 2001 @ $80; new basement encasement windows in 2002 @ $275. (c) Entire First Floor - (1) 2 bedrooms @ $1,500 including new drywall on some walls with replacement insulation in both rooms; walk in closet in Master bedroom; hardwood flooring in both bedrooms; new light fixtures and outlets in both bedrooms new closer fixtures. (2) Bathroom @ $1,200 including new vanity and fixtures; new the flooring new paint (August 2008). (3) Kitchen @ $3,000 including new kitchen ceiling fan; new drywall; new wainscoting and chair rail; new trim; new door; new the counter space; new faucet; refinished cabinets; new windows; new the floor; new electrical. (4) Dining Room Living Room @ $12,000 including new drywall, decorative ceiling, new french door to bedroom. Front door and window overhead refinished, new trim. New Scandinavian wood floor. New the flooring in front of fireplace. New Anderson slider from living room to deck, new electrical. New light fixtures above fireplace, over dining room table and new Hunter ceiling fan in living room. (d) Deck @ $800 including 20 x 16 foot deck with railing and four (4) full length of deck stairs. (e) Porch @ $350 including new wainscoting ceiling on wrap around porch with trim. Refinished columns and headers on porch. New wood porch flooring. (f) Windows @ $200 including all windows refinished and re-glazed in 2002. (g) Storm Windows @ $2,000 including 10 storm windows and 2 storm doors. (h) Insulation @ $5,600 including new insulation wrap and siding in 2003. (i) Roof vent @$100 in 2004. Page 4 (j) House foundation @ $100 concrete refaced in 2003; (k) Fireplace stone re-pointed @ $120 in 2004. 5. House Roof: re-roofed sometime in 2000 but "loan" was not repaid to brother Carl unti12004 - 2005 @ $5,000). 6. Shed: Purchased a 10 x 10 Outdoor barn wood shed in 2004 @650.00 MARITAL HOME MORTGAGE One of those assets is the parties' marital home known and numbered as 411 Good Hope Road Mechanicsburg, PA which Wife would like to retain as part of her equitable distribution share. Prior to the parties' marriage on 6/6/95, Husband acquired title to the Marital Home in his sole name to the marital home for $65,000.00. Husband borrowed that $65,000 from his mother, Theodora Howarth to make the purchase. On 6/6/95 Husband signed a Note for that loan requiring repayment of the loan with interest at the rate of 6.5 % in monthly installments of $484.63 each commencing on 7/6/95. This loan was secured by a mortgage against the Marital Home recorded in Book 1266 page 140. Between 6/6/95 and 3/5/06, a period of 10 years 9 months, Husband made no payments on this premarital loan Based on this lack of payment Husband has claimed that as of 7/3/00 (date of marriage) his premarital loan balance was $86,098.76 and as of 2/5/05, his premarital loan balance was $105,159.44. In February of March 2006, Husband told Wife that he owed his mother an unspecified amount from his premarital loan and insisted that he start paying her back. He did not, however, tell her that his debt was secured by a mortgage against the Marital Home. On 6/ 1 /06, the deed to the Marital Home was transferred into joint names of husband and wife on 6/1/06. That deed of conveyance was recorded in Deed Book 274 page 4465. At the time of transfer Wife thought that the title to the Marital Home was free and clear of liens. At the time of the 6/1/06 deed transfer Wife did not sign any documents assuming Husband's premarital loan owed to Theodora Howarth as she thought this was a personal loan between Husband and his mother. From 3/6/06 to 2/6/08, at Husband's insistence, $1,000 per month or a total of $42,000.00 was paid to Theodora Howarth on Husband's premarital loan. There was no written agreement regarding those payments or the balance due. Furthermore, neither party reported any interest paid on that loan on their respective tax returns. Wife did not learn of the existence of the mortgage until after these divorce proceedings were initiated. During the pendency of these divorce proceedings, Husband's mother sued Husband and Wife for mortgage foreclosure in the Cumberland County action docketed to No 09-0061, which action remains pending. Husband's Mother, Theodora Howarth has been joined as a party to this action because of the mortgage issue. It is Wife's position that Husband's premarital loan is his sole obligation for which she has no legal liability. She submits that the fact that the collateral for that loan is a marital asset does not change its non-marital character. However, since it is a lien against the real estate, it must be paid from Husband's share of the marital estate so as to clear the real estate from that lien. It is also Wife's position that based on the four Page 5 (4)year statute of limitations, there is no obligation to pay any interest on the loan during the period from 6/6/1995 to 6/6/2002, since Husband was clearly in default of payment and no action was commenced to require payment during within the four (4) year statute of limitations time period. MEMBERS 1ST CD # 7946-49 A second dispute has arisen regarding the Member's ls` Acct #7946, #49 11 month CD. Prior to the parties' separation, the parties maintained several accounts with Member's ls` Federal Credit Union. These accounts included joint bank accounts, jointly held Certificates of Deposit and in particular a Certificate of Deposit Account No. 7946-49. The CD #7946-49 was originally titled in the parties joint names. However, most of the funds in Wife's CD #7946-49 were deposited through my income and a $1,000/month child support payment. for her two children, from a previous marriage, which she continued to support. Thus, when Wife's CD #7946-49 rolled over many months before separation, Wife had it rolled over into her sole name. As of Apri121, 2008 Wife's CD #7946-49 had a value of $19,598.56. On Apri121, 2008, without Wife's prior knowledge, consent or permission, Husband removed a large amount of funds from the parties' joint accounts and proceeded to cash several CDs we held jointly. At the same time Husband also cashed in Wife's CD #7946-49. This was done with the erroneous assistance and approval of Members 1 S`. When Husband cashed in Wife's CD #7946-49, Member's ls` charged Wife a penalty of $242.67, thereby negating the $242'.67 in interest that had accrued as of Apri121, 2008. Therefore, the net payment to Husband for his wrongful cashing in of Wife's CD $7946-49 was $19,355.59, which he deposited into his individual account held at Commerce Bank. On and after April 25, 2008 after discovering what Husband has done, Wife contacted Members was contacted several times to return the funds. Members 1 ~` in return contacted Husband and demanded the return of the funds, which demands were refused by Husband. Instead, on May 14, 2008, Husband's attorney sent a letter to Members 1 S` stating these funds were part of marital distribution. This statement was erroneous, legally incorrect and misleading the parties' were not separated and there was no divorce action pending when Husband took Wife's CD money nor when this May 14, 20081etter was written, and, therefore, no claims of marital property distribution had been raised nor were any required to be determined. On May 20, 2008, unbeknownst and without prior advice to Wife, Husband's attorney completed and Husband signed a divorce complaint. That divorce complaint was not, however, actually filed until June 16, 2008 and it was not served on Wife until June 25, 2008. Sometime between April 21, 2008 and July 29, 2008, Husband paid the $19,355.59 he wrongfully removed from Wife's CD #7946-49 to Attorney Wagner to hold in escrow. On July 23, 2010, Wife's attorney contacted Husband's attorney and demanded the $19,355.59 be repaid to Member's ls`' Husband's attorney refused to return the funds even though he had taken no action to obtain Court ordered authorization for holding these Page 6 funds in his escrow account. Since Members 1St Acknowledged their mistake in allowing Husband to cash Wife's CD #7946-49, they reinstated her cd while continuing to attempt to get husband to reimburse the bank. In August 2008, Wife's reinstated CD #7946-49 matured. Wife, however, was instructed by Members 1St that she could not remove the funds from the bank as Members 1 St was requiring those funds be held in my account until Husband returned the funds to Member's 1St that he had wrongfully taken. On or after November 3, 2008, based on the advice of its Attorney, Members 1St placed an administrative hold on Wife's CD #7946-49 account. Attorney Ledebohm ,Members 1St Attorney then sent a letter to Husband's Attorney stating the possession of the funds is legally and ethically improper. When the matter was not resolved, Members 1 St filed an equity action against Husband and Wife in Cumberland County, PA and docketed to No. 10-2555 and asked the court to make a decision. On Apri129, 2010, Attorney P. Richard Wagner filed a Motion to Dismiss himself from the case and direct the deposit of the escrow account to the Court. He attached to this Motion a Stipulation signed by both Attorney Ledebohm and Attorney Wagner. Attorney Wagner did not provide Wife or her attorney with a copy of this Motion and Stipulation prior to his filing, nor ask either of them to consent to the same as required by the Cumberland County Local Rules of Court. On May 3, 2010 an Order was entered by Judge Masland, which directed Attorney Wagner to deposit the funds with the court and dismissed him as a defendant from the case. Had Wife been given the opportunity to participate in this process, she would have opposed this Motion as she believed the money should have been returned to Members 1St. She also would also have opposed the Motion as she do not believe Attorney Wagner should have been dismissed from the suit. Wife has filed a counterclaim in that suit. That action is pending. Page 7 SECTION II BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: 'TABLE #1-A PARTIES r r.:.. t i ..s 4v sr'4` ~': Name Richard T. Howarth, Jr. Denise D. Shuler Maiden Name N/A Denise D. Shuler Address 6111 Haymarket Way Mechanicsburg, PA 17050 411 Good Hope Road Mechanicsburg, PA 17050 Date of Birth 6/24/1961 4/6/1963 Age 48 47 Health Status Good Good Educational Background 1995 BA (Communications) PSU 2004 BS(IT) - Univ.of Phoenix 1998 Assoc Degree - Names and Relationship of Persons Living with Party Unknown Aaron Mariano, Son (19) Lauren Mariano, Daughter (17) Date Moved to Current Residence 7/28/2008 07/2000 Date PA Residency Began 1973 +/- 1995 Current Military Service None None Number of Marriage 2 2 Employer Jim Davis (LIPS sales) Acclaim Systems Occupation (Job Position) Sales Business Analysis Date Employment Commenced 3/2008 01/2010 Est. Income $1,320/bw $2860/mo $34,320/yr $2750/sm $5,500/mo $66,000 Page 8 TABLE #1-B MARRIAGE INFORMATION a ,~,,~~ ~ , ~' ~ ,~ 'F ~ a ri ,~ _ r~,~ Date of Marriage 7/3/2000 Place of Marriage Carlisle, PA Date of Separation 6/16/08 Grounds for Divorce No Fault Prior Divorce Actions Between Parties None TABLE #1-C CHILDREN OF'THIS MARRIAGE f >_ - t'kC i s a s ~ x ~ 4 .: y f ~ [ »i : _ - R `IF' ~ +SajZ 3 ~; 1 Y~ t.; None N/A N/A N/A N/A TABLE #l-D CHILDREN OF OTHER RELATIONSHIPS/MARRiAGES ,.~ rat `.. i Fir: # ~~ ~C S.k"s /a \ Y ~; ~ y LC~~ S. iyw 'h%I ._ k _ CR~ } .. .. r ~f._ a~-~ . > fix ~Y'1F $ `w ~.. Wife Aaron Mariano 12/12/90 19 Emancipated Wife Lauren Mariano 9/6/92 17 Wife Page 9 TABLE #1-E PRO CE EDINGS'INFORMATION rS" K ~. 1F 'S t ~ a 1 k~~ s~~ t' . r 7~~~a ;~ , ~~ i , W~;~I-` 'v''~,;~ 3i ".''h ~~r~r ,~~'~~ Complaint Filing Date 6/16/2008 Date of Service Manner of Service Certified Mail, Restricted Delivery Type of Divorce Requested 3301(c) No Fault Economic Claims Raised Equitable Distribution; APL; Counsel Fees and Costs A1~IS~~,:,~~l~~V'~"ERCLM A.1~7T3"t~~`C3'>~E~'~~ADI~G R~~I~~`~C~~.1'~C :~LA~NX~ j ~' Type of Pleading None Pleading Filing Date N/A Type of Divorce Requested N/A Economic Claims Raised N/A ~ }~y~'~~y~ Plaintiff's I&E Statement Filing Date None filed Defendant's I&E Statement Filing Date 5/21/10 • Il~''4~`~)~~Q Plaintiffs Inventory Filing Date None filed Defendant's Inventory Filing Date 5/21/10 {}}{~~^~ ^/~.{}~ k~~{f`/jMry }M1~(~yy Plaintiffs 3301 (c) Affidavit Date None Filed Plaintiffs 3301 (c) Affidavit Filing Date N/A Defendant's 3301 (c) Aff davit Date To be filed Defendant's 3301 (c) Affidavit Filing Date TBD Plaintiffs 3301 (c) Waiver of Notice Date None Filed Plaintiffs 3301 (c) Waiver Filing Date To be filed Defendant's 3301 (c) Waiver of Notice Date to be filed Defendant's 3301 (c) Waiver Filing Date N/A Page 10 SECTION III. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: TABLE #2 Richard T. Howarth, Jr. vs. Denise D. Howarth DOM: July 3, 2000 • DOS (In House): June 16, 2008 • DOS (Filing Date): June 16, 2008 Pre red: Jul 23 10 A B C D E F G H I Ln No 5 ~ B. Ref RE-~ v-~ 0 ~t Jt Description 411 Good Hope Road Mechanicsburg, PA 17055 2005 Nissan Quest (W's use) Date .24.08 Net Value Calculation '>'~7;0+~(10 f8,?'65a;<fl ~' Net Distribution Value 142,000.00 16,165.00 Proposed Distribution To Husband Proposed Distribution To Wife 142,000.00 16,165.00 s ~o vz A-~ H Jt 1988 Chevy Silverado Members 1S` Acct #1361 Savings 6.24.08 M'~ 1~11~+~ . '; 2~ H's NM 25.00 H's NM 25.00 11 a-z Jt Members 1St #7946 Ck 6.24.08 57.x'1`' 57.57 57.57 12 a•z ~t Members 1 S` #7946 Savings 6.24.08 6<$3 6.23 6.23 ~s a-2 Jt. Members 1 s' #7946 MM 6.24.08 2:4f) 2.40 2.40 ~a a-2 w Members 1S` #7946 CD-49 6.24.08 19,712:64 19,712.64 19,712.64 ~5 a-z w Members 1S' #7946 CD-50 6.24.08 5,148: 5,148.64 5,148.64 ~s a-s w Members 1 S` Acct #2792 Ck 6.16.08 91`~:Qf .. 918.01 918.01 ~~ a-3 w Members 1St Acct #2792 Savings 6.15.08 -2,~45r.~7 '> 2,457.27 2,457.27 ~s A-3 w Members 1St Acct #2792 MM 6.24.08 `Z;~3T;$T 7,937.87 7,937.87 19 A-s w Members 1St Acct #2792 CD 6.24.08 ~i~7. ~~ 6,007.15 6,007.15 20 A-a H Commerce Bank #0762 Savings 6.30.08 1;5U2.20 - 1,502.20 1,502.20 21 A-s H Commerce Bank #0565 Checking 6.20.08 838;.94 838.94 838.94 2z 2a a-s Ret-~ H w Commerce Bank #8949 Savings (Members 1St#7946 CD-44) Hartford Advantica 401 K Plan 6.12.08 1.9.09 7;53.98 1$,4;`$8 : ` 7,653.98 16,544.86 7,653.98 16,544.86 25 Ret-1 w Scudder Trust (Venator)R/O 2001 (5,980.14 (5,180.10) (5,180.10) 2s Ret-2 w American Funds IRA #4955 12.31.08 9x142.93 _ 9,142.93 9,142.93 Page 11 TABLE #2 Richard T. Howarth, Jr. vs. Denise D. Howarth DOM: July 3, 2000 • DOS (In House): June 16, 2008 • DOS (Filing Date): June 16, 2008 Pre ared: a 23 2010 A B C D E F G H I Ln No B. Ref 0 Description Date Net Value Calculation Net Distribution Value Proposed Distribution To Husband Proposed Distribution To Wife 27 Ret•3 w Member's 1St Acct # 7946 #15 IRA 7.24.08 6,3 ..29 5,351.29 5,351.29 2s Ret•3 w Member's 1St Acct # 7946 #16 IRA 7.24.08 -3;470,i~3 3,470.03 3,470.03 2s Ret•3 w Member's 1St Acct # 7946 #171RA 7.24.08 4,x86:85 4,036.65 4,036.65 3o Ret•a H Member's 1St Acct # 1361 #15 IRA 7.24.08 x,329.8.5 ; 5,329.65 5,329.65 31 Ret•a H Member's 1St Acct # 1361#16 IRA 7.24.08 .3r457:a0 3,457.50 3,457.50 32 Ret-4 H Member's 15t Acct # 1361 #17 IRA 7.24.08 .~4~~73 4,025.73 4,025.73 34 ~ oA-1 ~ ~ IRS 2007 Income Tax Refund ~ 9.4.08 ~ ~,2 i1 ' : ~ 1,200.00 ~ ~ 1,200.00 35 oA•2 ~t HB McClure Refund 5.23.08 5~:.~ 523.96 523.96 37 I Total of Assets 258,335.40 ~ 43,069.60 ~ 215,265.80 ~ 39 ~ D-1 ~ ~t ~ Member's 1St Visa #79462 ~ 7.24.08 ~ ° (~~:~ ~ (1,027.10) ~ ~ (1,027.1 41 a3 Total o Asset T f Debts otals from above (1,027.10) 258,335.40 0.00 43,069.60 (1,027.10) 215,265.80 a4 Less Debt Totals from Above 1 0(.27.10) 0.00 10(, 27.101 as Net Total • Assets Minus Liabilities 257,308.30 43,069.60 214,238.70 a~ Net Total • Assets Minus Liabilities From Above 257,308.30 as Amount Due Parties in 50/50 Division 128,654.15 128,654.15 as Less Total Assigned to Parties From Above 43( .069.60) 2141 ,238.70) 50 50150 Division Adjustment Amount 85,584.55 (85,584.55) Notes: 1 2. 3. The above distribution presumes Husband will pay off the premarital debt owed to his mother from his equitable distribution share which is a lien against the Marital Home. Wife paid for approximately $53,000 in repairs and remodeling during the marriage. Husband unemployed from July 2000 to February 2005 Page 12 SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY The following Tables #3-A and # 3-B set forth the household goods and contents and other personal property of the parties: Defendant does not believe there is or will be a dispute as to the parties household goods and contents and therefore, Tables #3-+A and #3-B have not been completed. TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER'PERSONAL PROPERTY IN"HUSBAND'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION DATE IF NON- MARITAL Not in Dispute H & W Husband TABLE #3=B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION DATE IF NON- MARITAL Not in Dispute H & W Wife Page 13 SECTION IV. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties: ',Z Defendant believes there is no non-marital property and therefore Table #4 has not been completed. TABLE #4 NON-MARITAL PROPERTY AND DEBTS A B C D E F G Ln Description Non-Marital Marital Value Total Value Basis for Method of No Value Exclusion If Valuation & Claimed to Be Supporting Non- Marital Documents 1 None N/A N/A N/A N/A N/A 1Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. zThe value of each item has been estimated by Defendant unless otherwise noted. Page 14 The following Table #5 sets forth the listing of the pensions and retirement plans of the parties: Table #5 Pension and Retirement Plans No. Owner Description DOV Value Supporting Documents R-1 W Hartford Advantica 401K Plan 3.31.08 16,544.86 Statements R-1 W Scudder Trust (Venator)R/O 2001 (5,180.10) Statements R-2 W American Funds IRA (SERS R/O) 12.31.08 9,142.93 Statements R-3 W Member's ls` Acct # 7946 #15 IRA 7.24.08 5,351.29 Statements R-3 W Member's 15` Acct # 7946 #16 IRA 7.24.08 3,470.03 Statements R-3 W Member's ls` Acct # 7946 #17 IRA 7.24.08 4,036.65 Statements R-4 H Member's ls` Acct # 1361#15 IRA 7.24.08 5,329.65 Statements R-4 H Member's 15` Acct # 1361 #16 IRA 7.24.08 3,457.50 Statements R-4 H Member's 1 S` Acct # 1361 # 17 IRA 7.24.08 4,025.73 Statements Page 15 SECTION VI. INCOME AND EXPENSES The following Table #6-A sets forth Wife's income as more fully appears on Wife's last filed Income and Expense Statement filed of record in this case: DES I4N BIM MTHLY MON LY YEARLY IN O Gross Income 2,750.00 5,500.00 66,000.00 Subtotal Income $2,750.00 $5,500.00 $66,000.00 M DA Y TI NS F1CA (170.50) (341.00) (4,092.00) Medicare (39.88) (79.76) (957.12) Federal Tax (452.35) (980.09) (11,761.10) State Tax (84.42) (182.91) (2,194.92) Local Tax (50.00) (108.33) (1,300.00) PaSUI (Unemployment) (2.20) (4.77) (57.20) Subtotal Mandatory Deductions ($799.35) ($1,696.86) ($20,362.34) Ili Medical Insurance (3.00) (6.00) ($72.00) Subtotal Insurance ($3.00) ($6.00) ($72.00) SU Y Income 2,750.00 S,SOO.UU 66,000.00 Mandatory Deductions (799.35) (1,696.86) (20,362.34) Insurance (3.00) (6.00) (72.00) t~ME Sly ' ~ ;7. ?:~ ~ 4ax~G . ~.. The following Table #6-B sets forth Wife's monthly expenses as more fully appears on Wife's last filed Income and Expense Statement filed of record in this case: Page 16 TAXES: Real Estate Taxes Municipal (Spring) $23.00 No Mortgage Escrow Real Estate Taxes School (Fall) $68.00 No Mortgage Escrow Per Capita/Occupation Tax $4.00 INSURANCE: Homeowners Insurance $32.00 No Mortgage Escrow Automobile Insurance $200.00 Medical Insurance $355.27 (Cobra) Dental Insurance $30.00 (Cobra) AAA $15.00 AUTOMOBILE EXPENSES: Payments $545.00 Jeep & Scrambler Fuel $300.00 Maintenance and Repair $292.00 License and Registration $29.00 Acura, Van, Jeep MEDICAL EXPENSES NCiT REIMBURSED BY INSURANC E: Doctor $60.00 OpticaUVision $41.67 Dental $170.00 Medicine/Prescriptions $200.00 Special Needs/Therapy Etc. $25.00 Allergy Specialist EDUCATIONAL EXPENSES: College & Vocational $200.00 Books, Fees & Supplies $150.00 PERSONAL EXPENSES: Clothing $200.00 Food $400.00 Barber & Hair Dresser $140.00 Memberships $47.00 CREDIT CARDS AND'LOANS: CitiBank $50.00 Balance @ $250.00 AirTrans $50.00 Balance @ $195.00 Discover $300.00 Balance @ $2,300.00 MISCELLANEOUS EXPENSES: Entertainment $75.00 Vacations $100.00 Gifts $40.00 Legal Fees Varies Charitable Contributions $60.00 TO~'AL E, N S ~S,OSI:3 Page 17 SECTION VII. COUNSEL FEES The following Table #7 sets forth the listing of the counsel fees and expenses incurred by Defendant if a claim has been made for counsel fees and costs: Table #8 has not been completed as of this date. Itemized billing statements will be provided to the Master and other counsel prior to the trial of this case. TABLE #7 CUUNSEL FEES AND COSTS Dates Services Were Rendered to Hourly Rate $200.00 Costs At Cost Total Amount of Fees and Costs Claimed TBD to Date of this Pre-Trial Statement Anticipated Fees and Costs TBD Itemization of Services Rendered See itemized billing statement attached in Exhibit Section Page 18 SECTION VIII. EXPERT WITNESSES The following Table #8 sets forth the listing of the experts who the party intends to call to testify in this case: TABLE #8 EXPERT WITNESSES i t Experts who prepared any To be determined TBD. If not currently available, report referenced in the Report to be supplied as Proposed Exhibits** soon as available **Additional experts who may be called to testify are not known at this time. Defendant reserves the right to call additional expert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. SECTION IX. OTHER WITNESSES The following Table #9 sets forth the listing of the anticipated witnesses other than experts who will be called to testify in this case: TABLE #9 LAY WITNESSES Denise D. Shuler History of the marriage; Identification and valuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the divorce code **Additional witnesses who may be called to testify are not known at this time. Defendant reserves the right to call additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. Page 19 SECTION XI. PROPOSED RESOLUTION The following is Defendant's proposed resolution of the issues presented in this case: A. DIVORCE: A No-fault Divorce Decree should be entered under either section 3301c or 3301d. B. EQUITABLE DISTRIBUTION: The parties' marital assets and debts should be divided and distributed 60% to Wife and 40% to Husband and in accordance with the schedule set forth in Section III of this Pre-Trial Statement. The mortgage owed to Theodora Howarth should be paid to her from Husband's share before distribution to husband. C. COUNSEL FEES AND COSTS: Wife's claim for counsel fees and costs should be granted. Wife should be awarded counsel fees and costs in the amount of $5,000 for his vexatious and obdurate behavior. Page 20 SECTION XII. PROPOSED EXHIBITS The following Table #11 sets forth Defendant's listing the proposed exhibits to be submitted at the hearing in this case. Exhibits are attached or to be supplied as indicated below. s TABLE #ll LINING OF E~IT S yy ~e~ r~- - _ 4.'; K ..f"~#4- .r :off.-~. 1 Wife's Income and Expense Statement 2 Wife's Pay Stubs 3 Wife's 2009 Federal and State Income Tax Returns 4 Wife's Attorneys Fees bill 5 1995 Deed to 411 Good Hope Road 6 1995 Howarth Note 7 1995 Howarth Mortgage 8 Mortgage Payment Checks 9 2006 Deed to 411 Good Hope Road 10 Mortgage Foreclosure Pleadings 11 KBB Value for 2005 Nissan 12 4.21.08 Slip for Member's 15` CD #44 cashed by Husband 13 Member's 1 S` Action Pleadings 14 6.24.08 Statement for Members 1 S` Account #7946 15 6.24.08 Statement for Member's 1~` Account # 1361 16 6.24.08 Statement for Members lg` Account # 2792 17 6.30.08 Statement for Commerce Bank #0762 Savings 18 6.5.08 and 7.3.08 Statements for Commerce Bank #0565 Checking 19 6.30.08 and 9.30.08 Statements for Commerce Bank #8949 Savings 20 3.31.08 Statement for Wife's Hartford Advantica 401K Plan 21 2001 Statement for Wife's Scudder Venator R/O 22 12.31.08 Statement for Wife's American Funds IRA 23 7.24.08 Statement for Member's 1 ~` Account # 7946 24 7.24.08 Statement for Member's 1~` Account # 1361 25 2007 Federal Income Tax Refund Statement 26 HB McClure Refund letter 27 7.24.08 Statement for Member's 1s1 Visa 3Defendant reserves the right to submit additional exhibits upon proper notification to the other party. Page 21 CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on July 26, 2010 , I served a copy of the within Pre-Trial Statement, by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiff) Ronald D. Butler, Esquire 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (Attorney for Additional Defendant) I, Diane G. Radcliff, Esquire, hereby certify that on July 26, 2010 , I served a copy of the within Pre-Trial Statement, by hand delivery to the following: E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 Page 22 Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant ~ii_~ - . v ~f . 2QlD J`~`~ 27 P~ €~~ ~ i cuE~ ;.~ti;~ .;,A ~,,,;t.t RICHARD T. HOWARTH, JR., IN THE COURT OF COMMON PL~~AyS`~~~' ~'~';;~a Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, NO. 08-3599 CIVIL TERM Defendant v. THEODORA HOWARTH, CIVIL ACTION -LAW Additional Defendant IN DIVORCE PRE-TRIAL STATEMENT Additional Defendant, THEODORA HOWARTH, by and through her attorneys, Butler Law Firm, sets forth the following pre-trial statement: 1. Marital Assets: Additional Defendant Howarth possesses no marital assets but holds the mortgage for the marital home, located at 411 Good Hope Road, Mechanicsburg, Cumberland County Pennsylvania, 17055, owned by Plaintiff and Defendant Shuler. 2. Expert Witnesses: Additional Defendant Howarth, residing at 1724 Penn Street, Harrisburg, Dauphin County, Pennsylvania, 17102, does not intend to call any expert witnesses in connection with the case. 3. Witnesses: Additional Defendant Howarth plans to testify on her own behalf. Additional Defendant Howarth may call Plaintiff Howarth, residing at 6111 Haymarket Way, Mechanicsburg; Cumberland County, Pennsylvania, 17050, to testify to the execution of a mortgage on or about June 6, 1995 in favor of Additional Defendant Howarth, subsequent failure by the Plaintiff to make payments unti12005, additionally, failure to make payments from January, 2009 to the present. Additional Defendant Howarth will call Plaintiff to testify that Additional Defendant Howarth did not forgive the indebtedness for interest owed on the mortgage loan from June, 1995 through January, 2005 or for any other period of time. Additional Defendant Howarth will call Plaintiff to testify to the commencement of foreclosure proceedings and the fact that the proceedings were not initiated to defeat Defendant Shuler's rights to the property in equitable distribution. 4 Exhibits: Additional Defendant Howarth does not intend to offer any exhibits into evidence in connection with this divorce action. 5. Counsel Fees: Additional Defendant Howarth is seeking contribution for legal fees in connection with the mortgage foreclosure action but not in connection with this divorce action. 6. Additional Defendant Howarth's Proposal: As a resolution to this particular economic issue, Additional Defendant Howarth proposes that the mortgage on the marital home be paid in full in the amount of $82,315.25. Alternatively, Additional Defendant Howarth proposes that the mortgage on the marital home be brought current with a payment in the amount of $59,315.25, and that monthly payments continue thereafter in the amount of $1000.00. Alternatively, Additional Defendant Howarth proposes that Defendant Shuler withdraw her Answer, New Matter and Counterclaim to the Mortgage Foreclosure Action so that Additional Defendant Howarth can proceed to foreclose on the mortgage she currently holds on the marital home. Date: ~ 23/?-0 l o Respectfully submitted, BUTLER LAW FIl2M Attorneys for Additional Defendant /~Q 9Q.~- Ronald D. Butler, Esquire I.D. #09826 Suzanne M. Butler, Esquire I.D. #306931 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 0 TA, P. Richard Wagner, Esquire Attorney ID No. 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff PE SYLVANIA RICHARD T. HOWARTH, JR., Plaintiff, V. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, Defendant, v. THEODORA HOWARTH, Additional Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-3599 CIVIL CIVIL ACTION - LAW IN DIVORCE ANSWER TO DEFENDANT'S PETITION FOR EXCLUSIVE POSSESSION OF MARITAL HOME AND NOW, comes the Plaintiff, Richard T. Howarth, Jr., by and through his attorneys, Mancke, Wagner & Spreha, and files the following Answer to Defendant's Petition for Exclusive Possession of Marital Home as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. It is denied that there will be a substantial period of time in lapse until equitable distribution occurs. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted in part in that the home has been the residence of the Wife and her daughter from a prior marriage and it is specifically denied that the Wife and daughter have no where else to live or that they are afraid of the Husband. 17. Denied. It is denied that the Wife has incurred attorney fees. WHEREFORE, Plaintiff requests the Court to dismiss the Petition For Exclusive Possession. COUNTER CLAIM 18. Answers to paragraphs 1 through 17 are incorporated herein by reference. -2- 19. In the last year period of time, there has been considerable negotiation back and forth that has not been resolved by way of any agreement. 20. A Master has been appointed and the parties had a Pre-Trial Conference as early as 2008. 21. In the last year, the Defendant has never requested exclusive possession of the marital home and the filing of this Petition is unwarranted, unnecessary and designed to incur legal fees unnecessarily. 22. Husband has incurred legal fees in the sum of $1,500.00 answering this Petition and requests reimbursement from Wife as the request for exclusive possession has never been requested before and has been raised for the first time in this Petition. 23. Wife's request by way of the Petition is unnecessary, without foundation and has never been requested before. WHEREFORE, Husband requests the Court that if it grants exclusive possession it grants reimbursement to Husband's attorney of $1,500.00. Respe ully submitted, P. RiGha6Wagner, Esquire Attorney I.D.#23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Dated: Attorney for Plaintiff -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. _ Date:Jv- ? ?-11 CERTIFICATE OF SERVICE I, P. Richard Wagner, Esquire, attorney in the law firm of Mancke, Wagner & Spreha, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rules of Appellate Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011-4436 Ronald D. Butler, Esq. 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 Richa?gner, Esq. A orney ID No. 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff Date: October 21, 2011 P. Richard Wagner, Esquire Attorney ID No. 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff RICHARD T. HOWARTH, JR., Plaintiff, V. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, Defendant, V. THEODORA HOWARTH, Additional Defendant t .. ¢lyf 1?'pp f; ?..q eq Pill, t ,4.EPL AN[) CoUaqp E=Mk S YLVAN A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-3599 CIVIL CIVIL ACTION - LAW IN DIVORCE ANSWER TO DEFENDANT'S PETITION FOR BIFURCATION OF DIVORCE PROCEEDINGS AND NOW, comes the Plaintiff, Richard T. Howarth, Jr., by and through his attorneys, Mancke, Wagner & Spreha, and files the following Answer to Defendant's Petition for Bifurcation of Divorce Proceedings as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. Neither party has filed an Affidavit of Consent. The matter is scheduled before the Master. 9. Admitted. 10. Admitted. 11. (a) Admitted in part, denied in part. It is denied that the Plaintiff would not proceed to litigation as the matter has been scheduled before a Master since 2008 and the parties have exchanged considerable offers over the last year and a half. (b) Admitted in part. It is admitted that the parties have been separated for three years, however, the reason set forth is not grounds for bifurcation. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied. It is denied that the parties will not be prejudiced by the bifurcation. -2- 17. Denied. It is denied that the parties will not be divorced for a substantial period of time absent a request for bifurcation. WHEREFORE, Plaintiff requests the Court to dismiss the request for bifurcation of the divorce. Ily submitted, -Ric?iard Wagner, Esquire Attorney I.D.#23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Dated: 0 Attorney for Plaintiff -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. G-iTt?r ?I Date: 0 -1 ) CERTIFICATE OF SERVICE I, P. Richard Wagner, Esquire, attorney in the law firm of Mancke, Wagner & Spreha, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rules of Appellate Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011-4436 Ronald D. Butler, Esq. 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 By ` P. ichar ner, Esq. o. 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff Date: October 21, 2011 Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff(d-)comcast. net Attorney for Defendant, Denise D. Shuler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR., Plaintiff NO. 08-3599 V. CIVIL ACTION - LAW DENISE D. HOWARTH, now by resumption of former name, IN DIVORCE DENISE D. SHULER, Defendant THEODORE HOWARTH, Additional Defendant DEFENDANT-SHULER'S ANSWER TO ADDITIONAL DEFENDANT-HOWARTH'S NEW MATTER AND NOW, this 18th day of November, 2011, comes the Defendant, Denise D. Shuler, and files this Answer to Additional Defendant-Howarth's New Matter as follows: 18. Defendant-Shuler incorporates by referenced the averments set forth in paragraphs 1 through 17 of her Petition for Special Relief - Exclusive Possession of the Marital Home the same as of fully set forth herein at length. 19. Admitted with Clarification. The averment set forth in paragraph 19 of Additional Defendant's New Matter is admitted with the clarification Defendant believes and therefore avers that: (A) the Mortgage is not enforceable in that Additional Defendant Howarth previously forgave the underlying indebtedness; (B) the Mortgage is not enforceable in that Additional Defendant Howarth cannot prove how much is owed on the mortgage either as to the monthly payments or the balance due if any; (C) the parties are litigating the issue of the enforceability, amount of the payments and balance due of the mortgage in separate litigation; (D) the Plaintiff, who is the other owner of the home, is not asking to live in the home and is also not paying the mortgage; (E) Defendant is willing to pay the correct balance due under the mortgage once that amount has been determined by the court; (F) because of the pending litigation, the alleged non-payment of the mortgage is not a reason to deny exclusive possession. 20. Admitted with Clarification. The averment set forth in paragraph 20 of Additional Defendant's New Matter is admitted with the clarification as set forth in paragraph 19 above which is incorporated by reference hereto. 21. No answer is required. Defendant believes that the averment set forth in Defendant's Petition for Special Relief - Exclusive Possession of Marital Home is a request for relief to which no response is required. Denise D. Shuler, as requested in her Petition for Special Relief- Exclusive Possession of Marital Home respectfully requests this Honorable Court to enter an Order: (A) Granting Defendant, Denise D. Shuler, exclusive temporary possession of the Marital Home located at 411 Good Hope Road, Mechanicsburg, PA and excluding the Plaintiff, Richard T. Howarth, Jr., therefrom pending equitable distribution of the parties' marital property or further Order of Court. (B) Requiring Plaintiff, Richard T. Howarth, Jr., to pay to the Defendant, Denise D. Shuler, an amount equal to the reasonable attorneys fees and costs she has incurred in bring this action in the estimated amount of $1,000.00 Dated: November 17, 2011 Respectfully su LIFF, ESQUIRE 48 Trindle ad Camp ill, PA 1 7011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DENISE D. SHULER, Petitioner Dated: November 17, 2011 CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify I am serving a true and correct copy of the foregoing document: ON THE FOLLOWING DATE: November 17, 2011 UPON THE FOLLOWING PERSON(S): P. Richard Wagner 2233 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Ronald D. Butler, Esquire P.O. Box 1004 Harrisburg, PA 17108-1004 (Counsel for Additional Defendant) AND IN THE FOLLOWING MANNER: Service by First Class Mail to the Person(s) and addressed as indicated above- Date: ` I RAD LIFF, ESQUIRE ` N try, UN tr , AP 11: ? lPc)EL COUI ; .F, N YLVAN,A Pleading Motion for Entry of Order Attorney for Plaintiff P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Phone: 234-7051 Fax: 234-7080 Prepared and Submitted by: Diane G. Radcliff, Esquire Previously Assigned Judge: The Honorable M.L. Ebert, Jr. Attorney for Defendant Diane G. Radcliff, Esquire, 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 Attorney for Add'l Defendant Ronald D. Butler, Esquire 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 Phone: 717-236-1485 Fax: 717-236-7777 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR., Plaintiff V. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, Defendant THEODORE HOWARTH, Additional Defendant MOTION FOR ENTRY OF ORDER And Now, this 11th day of April, 2012, Diane G. Radcliff, Esquire, hereby moves this Honorable Court to enter the foregoing order and represents that it has been approved by NO. 08-3599 CIVIL ACTION - LAW IN DIVORCE -3- counsel for the parties, who previously advised the court that it would be submitted to the Court for entry as part of a settlement reached at the hearing scheduled before the Honorable M.L. Ebert on February 21, 2012. Dated: A- 1 2- Respectfully submitted, PANEIG?RADCLIFF, ESQUIRE reme ourt ID #32112 344 ndle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Defendant, Denise D. Shuler -4- CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on April 11, 2012, 1 served a copy of the foregoing pleading upon the following person by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner 2233 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Ronald D. Butler, Esquire P.O. Box 1004 Harrisburg, PA 17108-1004 (Counsel for Additional Defendant) Dated: April 11, 2012 ANE RADCLIFF, ESQUIRE Court ID #32112 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Denise D. Shuler, Defendant -5- 7D IUMSERLANC OOU? i ' ` F'ENHSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR., Plaintiff NO. 08-3599 V. CIVIL ACTION - LAW DENISE D. HOWARTH, now by resumption of former name, IN DIVORCE DENISE D. SHULER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 16, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated. RICHARD T. HOWARTH, JR. H f•, Ti t 1.i 2012 APR 1 2 AM I I: 3(,?' r?F• MBERLAtC CQUr F',,` y'ENNSYLVAN1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR., Plaintiff V. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, Defendant NO. 08-3599 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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 Waiver 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. Dated: vl?? RICHARD T. HOWARTH, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR., Plaintiff NO. 08-3599 V. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, Defendant THEODORE HOWARTH, Additional Defendant CIVIL ACTION - LAW IN DIVORCE -<.- - <C) ??• r; c-n Before: The Honorable M.L. Ebert Appearances: P. Richard Wagner, Esquire for the Plaintiff Diane G. Radcliff, Esquire for the Defendant Ronald D. Butler, Esquire for the Additional Defendant ORDER OF COURT RE: Defendant's Petition for Bifurcation of Divorce Proceedings Defendant's Petition for Exclusive Possession of Marital Home AND NOW, this Q day of A 0PA , 2012, after conference with counsel for the Parties and as authorized by said Counsel, IT IS HEREBY ORDERED AND DECREED that: 1. Within seven (7) days of the date of this Order, Plaintiff Richard T. Howarth, Jr., shall file his 3301(c) Affidavit of Consent. 2. Pursuant to 23 Pa.C.S.A. § 3323, upon Plaintiff's filing of his 3301(c) Affidavit of Consent, and in light of Defendant's prior filing of her 3301(c) Affidavit of Consent on October 5, 2011, grounds for divorce shall be deemed to have been established, and in the event one party dies during the course of - 1 - divorce proceedings, the deceased party's personal representative shall be substituted as a party and the action shall proceed, and not abate, with parties' economic rights and obligations arising under the marriage determined pursuant to the various provisions of the Divorce Code, 23 Pa.C.S.A. 3101 et. seq. 3. As long as Defendant, Denise D. Shuler, is residing in the marital home located on the property known and numbered as 411 Good Hope Road, Mechanicsburg, PA 17050 (the "Good Hope Road Property"), Plaintiff, Richard T. Howarth, Jr., shall not enter upon, or reside in the marital home located on, the Good Hope Road Property, nor give or grant any other person permission to enter upon, or reside in the marital home located on, the Good Hope Road Property. 4. This Order is entered without prejudice to or effect upon the Additional Defendant in the Cumberland County mortgage foreclosure action docketed to NO. 09-0061 CIVIL TERM. BY THE COURT: M. . bert, Jr., Judge Distribution to: ? .ttorney for Plaintiff: P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 /Attorney for Additional Defendant: Ronald D. Butler, Esquire, P.O. Box 1004, Harrisburg, PA 17108-1004 Coe t " n l t.c Lqc c .q // -?/I ? -Milk) -2- ?.? ? LaJ y _f p VJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD T. HOWARTH, JR., Plaintiff NO. 08-3599 CIVIL TERM V. DENISE D. HOWARTH, now by resumption of former name, DENISE D. SHULER, Defendant V. THEODORA HOWARTH, Additional Defendant CIVIL ACTION - LAW IN DIVORCE Prior Assigned Judge: M.L. Ebert, Jr. DEFENDANT'S MOTION TO COMPEL DISCOVERY The Defendant, Denise D. Shuler, by her attorney, Diane G. Radcliff, Esquire, and files this Motion to Compel Discovery, and in support thereof represents that: 1. The following judge was previously assigned to this case and any related cases: The Honorable M.L. Ebert. 2. The following attorneys have entered their appearances in this case: (a) P. Richard Wagner, Esquire for Plaintiff ("Plaintiff's Attorney"); (b) Diane G. Radcliff, Esquire for Defendant, ("Defendant's Attorney"). 3. On December 18, 2012, Defendant's Attorney asked Plaintiffs Attorney to comply with the discovery Requests by December 26th or a Motion to Compel would be filed. No response to that letter was received. - 1 - 4. The following Discovery Documents ("the Discovery Documents") were duly served on Plaintiff's Attorney on October 19, 2012 : (a) "Defendant's Interrogatories Directed to Plaintiff - First Set", ("Interrogatories"). (b) Request for Production of Documents Directed to Plaintiff - First Set, ("Request for Production"). 5. On December 18, 2012 Defendant's attorney, forwarded a letter to the Plaintiff's attorney, advising that attorney that she had not yet received the Answers, Responses, Documents or Objections to the Interrogatories or the Request for Production, and requested that the same be produced no later than December 26, 2012. 6. The thirty (30) day time period proscribed under the Pennsylvania Rules of Civil Procedure for service of the Answers, Documents or Objections to the Interrogatories and Request for Production of Documents expired on November 18, 2012. 7. As of the date of the filing of this Motion, Defendant has not complied with the Pennsylvania Rules of Civil Procedure regarding the aforesaid discovery requests in that Plaintiff: (a) failed to serve any answers, sufficient answers or objections to the Interrogatories; (b) in response to the Request for Production, failed to respond that inspection would be permitted as requested or failed to permit inspection as requested. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order compelling Plaintiff to comply with Defendant's discovery requests within fourteen (14) days of the date of the Order to be entered pursuant to this Motion. Dated: ` _? /Al ?j Respectfully submitted, PWgE--G- R DCLIFF,L?QUIRE `, ' Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 Supreme Court ID #32112 Attorney for Defendant -2- CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on this date I am serving a copy of the foregoing document, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail, Postage Prepaid and Addressed as Follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Attorney for Defendant) Dated: i Lj ADOLIEF, ESQUIRE e ourt ID #32112 3448 Trindle Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 Attorney for Defendant -3- 'VfE f;.. 'fir 2013 SEP 20 Ali to: 4 5 CUMBERLAND COUNTY PENNSYLVANIA P. Richard Wagner,Esquire I.D.#23103 Wagner&Spreha 2233 North Front Street Harrisburg,PA 17110 Telephone: (717)234-7051 Fax:(717)234-7080 Attorney For: Plaintiff RICHARD T. HOWARTH, JR., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO: 08-3599 CIVIL TERM : CIVIL ACTION- LAW DENISE D. HOWARTH, now by resumption of former name, : IN DIVORCE DENISE D. SHULER, Defendant, : v. : Prior Assigned Judge: M.L. Ebert, Jr. THEODORA HOWARTH, Additional Defendant. PETITION FOR EXCLUSIVE POSSESSION AND NOW, comes the Petitioner/Husband, Richard T. Howarth, Jr., by and through his attorneys, Wagner& Spreha, and files the following Petition For Exclusive Possession: 1. Petitioner, Richard T. Howarth, Jr., is the Plaintiff in the above-captioned matter. 2. Respondent, Denise D. Shuler, is the Defendant in the above-captioned matter. 3. The Additional Defendant, Theodora Howarth, is the mother of the Petitioner and the holder of a mortgage on the residence situate at 411 Good Hope Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. Respondent herein has had exclusive possession of the property at 411 Good Hope Road, but has recently vacated the same. 5. No one is residing in the home and Petitioner herein requests the Court to grant him exclusive possession. 6. Petitioner believes and therefore avers that exclusive possession of the marital home vested in the Petitioner will assist in preserving the integrity of the home pending outcome of the divorce proceeding, and currently, no one is residing in said property. WHEREFORE, Petitioner prays this Court to grant relief as requested. Respectfully Submitted, Wagner& S ha _7T_Th.___ P. Rshard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 Attorney for Petitioner/Husband Date: 1/7—?//_ -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. TZI 4LT- Date: y 2-P_/ J RICHARD T. HOWARTH, JR., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO: 08-3599 CIVIL TERM ^' tjj rn� to CIVIL ACTION - LAW --m -D DENISE D. HOWARTH, now by u� rJ resumption of former name, : IN DIVORCE �' u DENISE D. SHULER, Defendant : "c) _ T r ., v. : Prior Assigned Judge: M.L. Ebert, Jr. THEODORA HOWARTH, • Additional Defendant. • ORDER AND NOW,this a of 2013, upon Petition of the _�Y p Plaintiff/Husband, Richard T. Howarth, Jr., a Rule is hereby issued upon the Defendant/Wife, Denise D. Shuler, to show cause, if annyy,tt� /he relief requested should not be granted. RULE RETURNABLE the /' day of I dC►r-Q - , 2013, at o'clock 74 .m. in Courtroom No-a—of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE C�- J. _pistnbution: ✓ l ichard Wagner,Esq.,2233 N.Front St.,Harrisburg,PA 17110 iane G.Radcliff,Esq.,3448 Trindle Road,Camp Hill,PA 17011 Court Administrator C.isp £S fiet 11-E-CL Ci/car I la f--!LEL1-O FIPC- ar THE PR Tr' vi'O 1AR't 2 I3 OCT I I PH I: 9 CUMBERLAND COUNT" PENNSYLVANIA Diane G. Radcliff, Esquire Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Phone: 717.737.0100 • Fax: 717.975.0697 • Email: dianeradcliff a(�comcast.net Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • RICHARD T. HOWARTH, JR., Plaintiff • NO. 08-3599 CIVIL TERM V. • CIVIL ACTION - LAW DENISE D. HOWARTH, now by resumption : IN DIVORCE of former name, DENISE D. SHULER, • Defendant • V. • • • • THEODORA HOWARTH, Additional Defendant PETITION RAISING CLAIM FOR COUNSEL FEES, COSTS AND EXPENSES Petitioner, Denise D. Shuler, by her attorney, Diane G. Radcliff, Esquire, files this Petition Raising Claim for Counsel Fees, Costs and Expenses and represents that: 1. Petitioner is Denise D. Shuler, Plaintiff in the above captioned case. 2. Respondent is Richard T. Howarth, Jr., Plaintiff in the above captioned case. • 3. This action was commenced by the filing of a Divorce Complaint by the Respondent on 6/16/2008. 4. In the Divorce Complaint Respondent raised the following claims: Divorce under Section 3301(c) and 3301(d); Equitable Distribution, APL, Counsel Fees Costs and Expenses. 5. Petitioner wishes to raise and hereby raises the following and/or additional economic claim in this Petition. PETITIONER'S COUNT I COUNSEL FEES AND COSTS 6. Petitioner incorporates by reference the averments set forth in Paragraphs 1 through 5 herein as fully as though the same were set forth at length. 7. Petitioner has employed legal counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 8. Plaintiff has or will incur costs in this action including, but not limited to, costs for various experts to appraise the parties' marital assets, and does not have the funds to pay the necessary and reasonable fees , costs and expenses. WHEREFORE, Petitioner requests this Honorable Court to enter an award of counsel fees, costs and expenses as are deemed necessary and appropriate. Dated: 1D 10 I3 Respectfully submitted, 11J NE G. DCLI , ESQUI E 34 Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Supreme Court ID #32112 Attorney for Defendant - 2 - VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. g,pg Date: 17-C)1 DENISE D. SHULER - 3 - a 1 O C I 23 I!: 'g ND COUH rt iNSYLVANIAe e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • RICHARD T. HOWARTH, JR., Plaintiff : NO. 08-3599 CIVIL TERM V. : CIVIL ACTION - LAW DENISE D. HOWARTH, now by resumption: IN DIVORCE of former name, DENISE D. SHULER, • Defendant • • V. • • THEODORA HOWARTH, Additional Defendant : Defendant's Motion for Declaratory Judgment AND NOW, this X day of October, 2013, comes the Defendant, Denise S. Shuler, by her Attorney, Diane G. Radcliff, Esquire, and moves this Court for Declaratory Judgement and avers as follows: 1. Plaintiff is Richard T. Howarth, Jr., and is the spouse of the Defendant. Plaintiff is hereafter referred to as "Husband". 2. Defendant is Denise D. Shuler, and is the spouse of Husband. Defendant is hereafter referred to as "Wife". 3. Additional Defendant is Theodora Howarth, and is the mother of Husband. Additional Defendant is hereafter referred to as "Mother". 4. Husband and Wife were married on July 3, 2000 and separated on June 16, 2008. 2 5. By Order of Court dated April 13, 2009, entered upon Stipulation of Husband and Wife, Mother was joined as an indispensable party to this action because of the hereinafter referenced real estate, loan, note and mortgage. 6. On June 6, 1995 Husband acquired title to a certain tract of improved real estate known and numbered as 411 Good Hope Road, Mechanicsburg, Cumberland County, PA, ("Good Hope Rd. Property") by deed dated June 6, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County PA in Deed Book 123, Page 277. A true and correct copy of the June 6, 1995 deed is attached hereto, marked Exhibit"D-1"and made a part hereof. 7. According to Husband,to finance the acquisition of Good Hope Rd. Property, Husband borrowed $65,000 from Mother, ("the Howarth Loan"). The Howarth Loan was evidenced by a Note dated June 6, 1995 ("the Note") and secured by a Mortgage dated June 6, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County PA in Book 1266, page 143, ("the Mortgage"). A true and correct copy of the Note is attached hereto, marked Exhibit "D-2" and made a part hereof. A true and correct copy of the Mortgage is attached hereto, marked Exhibit"0-3" and made a part hereof. 8. In 1999 Husband told Wife that the Good Hope Rd. Property was paid for and later in time he told Wife his mother gave him the money to buy the Good Hope Rd. Property. 9. Throughout their marriage (7/3/00 - 6/16/08), the parties used the Good Hope Rd. Property as their marital home and residence. 10. Husband made no payments on the Howarth Loan, the Note and/or the Mortgage during the period from June 6, 1995 through February 5, 2005. 11. In January of 2005, Husband told Wife he want to give his mother the money she gave him to buy the house as she was on a fixed budget and could use the money. At Husband's insistence, commencing on or about February 6, 2005, the parties began making payments to Mother in the amount of$1,000 per month, which payments continued monthly thereafter through the last payment made on or about July 6, 2008. 12. On June 1, 2006, the Good Hope Rd. Property was transferred into the joint names of Husband and Wife by Special Warranty Deed dated June 1, 2006 and recorded in the office of the Recorder of Deeds of Cumberland County, PA in Book 274 page 4465. A true and correct copy of the June 1, 2006 3 deed is attached hereto, marked Exhibit "D-4" and made a part hereof. 13. Neither party made any payments to Mother after the last payment made on July 6, 2008. 14. In July 2008 Mother's Attorney sent Wife a letter claiming the deed to the Good Hope Rd. Property was illegally transferred and claiming a default in payment of the Mortgage that allegedly occurred during the period from 6/7/95 through February 5, 2005. This letter was sent within a few days of Husband being evicted from the Good Hope Rd. Property pursuant to a PFA Order. This was the first time Wife learned of the existence of Wife the Howarth Loan, the Note or the Mortgage. 15. On or about October 1, 2008, Mother sent Husband and Wife a Notice of Intention to Foreclose and the Act 91 Notice of the Homeowners Mortgage Assistance Program. 16. On January 7, 2009, Mother, as mortgagee, commenced mortgage foreclosure proceedings in the action docketed to No. 09-0061 Civil Term. In that action default judgment was taken against Husband. No judgment has been taken against Wife as the parties informally agreed to stay those proceedings pending the outcome of settlement negotiations and/or final resolution of the divorce case. 17. During the course of these proceedings Mother has claimed various irreconcilable amounts owed on the Howarth Loan, the Note or the Mortgage, which are irreconcilable due to differing and opposing application of principal and interest . 18. Wife was not a party to the Howarth Loan, Note or Mortgage and claims she is not personally liable or responsible for repayment of Howarth Loan and the Howarth Loan, the Note or the Mortgage has no bearing upon or effect in equitable distribution. 19. The parties have been unable to mutually determine or agree upon: (A) whether or not the Howarth Loan,the Note and/or the Mortgage is/are valid and enforceable; (B) whether or not the Howarth Loan, the Note and/or the Mortgage had been forgiven in whole or in part; (C) whether or not the collection of the Howarth Loan,the Note and/or the 4 Mortgage is barred by any applicable statute of limitations, in whole or in part; (D) the effect of Mother's failure to issue 1099-Int forms and her failure to report interest (paid or imputed) to the IRS and to pay appropriate taxes to the IRS for the payments made by Husband and Wife on the enforceability of or balanced owed on the Howarth Loan, the Note and/or the Mortgage, if any; (E) whether or not any amount is owed on the Howarth Loan, the Note and/or the Mortgage and if so, the balance owed on as of all applicable times including the date of marriage,the date of separation and the current date and the effect of those balances on equitable distribution of the Good Hope Rd. Property; (F) the effect of the 6/1/06 Special Warranty Deed on the equitable distribution of the Good Hope Rd. Property and on the Howarth Loan, the Note and/or the Mortgage; (G) all other issues regarding the Howarth Loan, the Note and/or the Mortgage in equitable distribution including, but not limited to: (1) the effect Howarth Loan, the Note and/or the Mortgage on the valuation and distribution of the Good Hope Rd. Property; (2) the assignment of the payment or other distribution of the amounts allegedly owed on the Howarth Loan,the Note and/or the Mortgage as of all applicable times including the date of marriage, the date of separation and the current date 20. The parties want to move forward with this divorce action but have been advised by the Divorce Master that prior to any hearings or further proceedings before the Divorce Master the Court needs to determine all issues arising out of the Special Warranty Deed and the Howarth Loan, the Note and/or the Mortgage including but not limited to the issues specified in paragraph 16 (A) through (G) above, incorporated by referenced hereto. 21. The following judge or judges were previously assigned to this case and any companion cases: The Honorable M.L. Ebert, Jr. 22. The following attorneys have entered their appearance in this case (A) P. Richard Wagner for Plaintiff; 5 (B) Diane G. Radcliff, Esquire for Defendant; (C) Ronald D. Butler, Esquire for Additional Defendant. 23. Concurrence from Plaintiff's counsel and Additional Defendant's counsel was sought on October 10, 2013. Additional Defendant's counsel concurred that a hearing is necessary and indicated that he wants to file an Answer to the Motion. Plaintiffs counsel did not respond, although it is believed he will concur that a heari9ng on the Motion is necessary Wherefore, Defendant respectfully moves this Honorable Court to schedule a hearing on this Motion for Declaratory Judgment to determine (A) whether or not the Howarth Loan, the Note and/or the Mortgage is/are valid and enforceable; (B) whether or not the Howarth Loan, the Note and/or the Mortgage had been forgiven in whole or in part; (C) whether or not the collection of the Howarth Loan, the Note and/or the Mortgage is barred by any applicable statute of limitations, in whole or in part; (D) the effect of Mother's failure to issue 1099-Int forms and her failure to report interest (paid or imputed) to the IRS and to pay appropriate taxes to the IRS for the payments made by Husband and Wife on the enforceability of or balanced owed on the Howarth Loan, the Note and/or the Mortgage, if any (E) whether or not any amount is owed on the Howarth Loan, the Note and/or the Mortgage and if so, the balance owed on as of all applicable times including the date of marriage, the date of separation and the current date and the effect of those balances on equitable distribution of the Good Hope Rd. Property; (F) the effect of the 6/1/06 Special Warranty Deed provisions on the equitable distribution of the Good Hope Rd. Property and on the Howarth Loan, the Note and/or the Mortgage; (G) all other issues regarding the Howarth Loan, the Note and/or the Mortgage 6 in equitable distribution including, but not limited to: (1) the effect the Howarth Loan, the Note and/or the Mortgage on the valuation and distribution of the Good Hope Rd. Property; (2) the assignment of the payment or other distribution of the amounts allegedly owed on the Howarth Loan, the Note and/or the Mortgage as of all applicable times including the date of marriage, the date of separation and the current date Dated: b O 12-C‘ / )3 Respectfully submitted, P • . ' DCLIF SQUI L ' -48 Trio • - -oad Camp Hill, PA 17011 Telephone: (717) 737-0100 Supreme Court ID #32112 Attorney for Defendant 7 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 60. Date: "D i2- I t3 DENISE D. SHULER -dlt- CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on this date I am serving a copy of the foregoing document, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail, Postage Prepaid and Addressed as Follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiff) Ronald D. Butler, Esquire P.O. Box 1004 Harrisburg, PA 17108-1004 (Attorney for Additional Defendant) Dated: (O 2 13 • DIA E G. RA DCLIF , QUIRE Supr- ourt ID #32112 3448 Trindle Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 Attorney for Defendant 8 EXHIBIT D-1 6.6.95 Deed Tax Parcel No. 10-20-1844-015 THIS INDENTURE, MADE THE (O , day of June, One .Thousand Nine Hundred and Ninety Five (1995) BETWEEN THOMAS J. SCHRATZ, SR. of Harrisburg, Dauphin County, Pennsylvania, Grantor and Party of the first part, AND RICHARD T. HOWARTH, JR., of Mechanicsburg, Cumberland County, Pennsylvania, Grantee and party of the second part, WITNESSETH That the said party of the first part, for and in consideration of the sum of Sixty Five Thousand ($65,000.00) Dollars, lawful money of the United States of America, well and truly paid by the said party of the second part to the said party of the first part, at and before the sealing and delivery of these presents, the receipt whereof is hereby • acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed, and confirmed and by these presents does grant, bargain, sell alien, enfeoff, release, convey, and confirm unto the said party of the second part his heirs and assigns. ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland, and State of Pennsylvania, bounded and desoribed as follows, to wit: BEGINNING at a point in the center line of the public road leading from Good Hope to Erb's Bridge at the corner of lands now or late of Emandar Realty Company; thence along the center line of said road south twenty-seven (27) degrees forty (40) minutes east one hundred fifty-two and four tenths (152.4) feet to a point; thence continuing along the center line of said road south twenty-six (26) degrees east two • hundred (200) feet to a point; thence by other lands now or late of Zedna A. Cornelia south seventy-two (72) degrees twenty-three (23) minutes west one hundred fifty-three and five-tenths (153.5) feet to a mark on a concrete wall on the bank of th,e Conodoguinet Creek; thence along the said Creek north nine (9) degrees fifty-one (51) minutes west three 6t:t K 123 rots 227 hundred sixty-two and twenty-five one-hundredths (362.25) feet to a pin on the line of lands now or late of Emandar Realty Company; thence along said lands north eighty-five (85) degrees five (5) minutes east fifty (50) feet to the point or place of BEGINNING. HAVING thereon erected a one story frame dwelling house known as 411 Good Hope Road. SUBJECT to the right of Zedna A. Cornelia, widow, her heirs and assigns to use the fifteen foot wide right-of-way extending from said public road from Good Hope to Erb's Bridge through the property herein described to other property of Zedna A. Comella abutting said property herein described on the south for purposes of ingress, egress and regress. The center line of said right-of-way being described as follows: BEGINNING on the western line of said public road at a point one hundred sixteen (116) feet measured northwardly from the southern line of the property hereinbefore described, thence south seventy (70) degrees three (3) minutes west twenty and eight-tenths (20.8) feet to a point; thence In a southwestwardly direction on a curve to the left having a radius of seventy feet ninety-one and two one-hundredths (91.02) feet to a point; thence south four (4) degrees twenty-seven (27) minutes east sixty-one and twenty- seven one-hundredths (61.27) feet to said adjoining lands of Zedna A. Cornelia. BEING THE SAME PREMISES WHICH William T. Brann and Patricia A. Priar-Brann, his wife, by their deed dated December 8, 1986 recorded December 9, 1986 in the Office of the Recorder of Deeds of Cumberland County In Deed Book J, Volume 32, Page 10, granted and conveyed unto Thomas J. Schratz, Sr. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. Witness: /(7 Thomas J. Schratz, Sr. Eoi x .26 PACE 228 COMMONWEALTH OF PENNSYLVANIA: : S: COUNTY OF .bAv P , On this, the ON day of June, 1995, before me a Notary Public,the undersigned officer, personally appeared Thomas J. Schratz, Sr., known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � � . Nota Public i 1 . t , I NOTARIAL SEAL , t rsM,rro m.. CHERYL L SMITH.Notary Pubfic 9A Harrisburg,Dauphin County '" ' �0 My Comm,son Expires April a 1996 0 r"aC, My commission expires: ��H 4:"%',. ,f„,',.: I hereby certify that the Precise Residence of the Grantee, F� in the within Deed, 411 Good Hope Road, Mechanicsburg, Pennsylvania. ,e 416 ( Attorney for Grantee COMMONWEALTH OF PENNSYLVANIA: * .;,: ;f., ,s', . ,yAy ; a kit+S: 1.71.....COUNTY OF C, iv ) s r 1 1 g S r RECORDED In the Office for Re9ording of Deeds, Mortgage"��e,J."+s,.ls�'' etc. Ln and for the County of` .JMihoc. in Book ,Q2 y,'C;''}4.Yi r! � Page i3l h C t'h. + �ti Y�jy i WITNES, My Hand and Seal of Office, t�is dh.y',�;I4.:,4yl,;.,,;M;.., 1:1w4. Anno Domini 1911. 1. O) e n k i2 PACE 229 1(,..0\J%\ iiCEERT P. ZIECLER. ■ECORDER OF DEEDS r.UI'iERLAf:0 CCUf1TY-P' '95 JUI4. 'l APJ 8 26 Cumberland County Recorder of Deeds Instrument Filine Receivt* 49778 1nstr9 1995-012445 6/07/1995 08:33:08 Reear1is: R BUTLER DEED 11.50 DEED -WRIT .50 DEED -RTT STATE 650.00 CUMBERLAND VALLEY 325.00 HAMPDEN TOWNSHIP 325.00 Check* 1117 -- $12.00 Check*1115 1650.00 Check* 1116 $650.00 Total Received 11.312 00 eooic L2v PACE 230 EXHIBIT D-2 6.6.95 Note KNOW ALL MEN BY THESE PRESENTS, THAT RICHARD T. HOWARTH, JR., Obligor, held and firmly bound unto THEODORA HOWARTH, obligee, in the sum of SIXTY-FIVE THOUSAND ($65,000.00) DOLLARS, lawful money of the United states of America, to be paid to the said Obligee, her certain attorney, executors, administrators or assigns. To which payment, well and truly to be made, I do bind myself, my heirs, executors and administrators, and every of them, firmly by these presents. sealed with a notarial seal. Dated the 6th day of June in the year of our Lord one thousand nine hundred ninety-five (1995) . THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said obligor, his heirs, executors or administrators, or any of them, shall and do well and truly pay, or cause to be paid, unto the said Obligee, her certain attorney, executors, administrators, or assigns, the sum of sixty-Five Thousand ($65,000.00) Dollars, lawful money of the United States, together with interest at the rate of six and one-half (611%) percent per annum, to be paid in equal monthly installments of Four Hundred Eighty-Four and 63/100 ($484.63) Dollars on account of interest and principal for two hundred forty (240) months, payable on the 6th day of each month, beginning on the 6th day of July, 1995, and the full amount of the unpaid principal balance with accrued interest, if any, on June 6, 2015, without any fraud or further delay, and also from time to time, and at all times, until payment of the said principal sum be made, as aforesaid, keep the • building erected and to be erected upon the land described in the Mortgage accompanying this bond insured for the benefit of the Mortgagee, in some good and reliable Stock Insurance Company or Companies, to the amount of at least Sixty-Five Thousand ($65,000.00) Dollars and take out no insurance on said building not marked for the benefit of the Mortgagee, then the above obligation to be void, or else to be and remain in full force and virtue. The obligor shall have the right to prepay the balance at any time during the term of this mortgage without penalty. In the event of the sale of the mortgaged premises, the entire debt, at the option of the Obligee, shall be immediately due and payable. If the obligee has not received the full amount of any monthly payment by the end of fifteen (15) calendar days after the due date, the obligor will pay a late charge to the obligee. The amount of the charge will be five (5%) percent of the overdue payment of principal and interest. The obligor will pay this charge promptly but only once on each late payment. AND the further condition of this obligation is such, that if at any time • default shall be made in the payment of principal and interest as aforesaid, for the space of thirty (30) days after any payment thereof shall fall due, or if a breach of any other of the foregoing conditions be made by the said Obligor, his heirs, executors, administrators or assigns, then, and in such case, the said principal sum shall, at the option of the' said Obligee, her • / ' certain attorney, executors, administrators or assigns, become due; and payment for the same with the interest and cost of insurance due thereon, as aforesaid, together with an attorney's commission of five (5%) per cent, on the said principal sum, besides costs of suit, may be enforced and recorded at • once; anything herein contained to the contrary thereof in anywise notwithstanding. AND FURTHER I do hereby empower any Attorney of any Court of Record of the Commonwealth of Pennsylvania to appear for me and, with :or without a declaration filed in my name, to confess a judgment or judgments in favor of the above-mentioned obligee, her heirs, executors, administrators or assigns, and against Richard T. Howarth, Jr. for the penal sum above mentioned, with costs of suit, with a full release of all errors, and without stay of execution after any default as aforesaid. And I also waive the right of inquisition upon any real estate which may be levied upon to collect the said sum, and I do hereby voluntarily condemn the same, and authorize a writ of execution to be issued upon the judgment obtained upon this obligation, or by virtue of the warrant of attorney hereto attached, or an action of mortgage foreclosure property commenced upon the accompanying indenture of mortgage. And the said obligor does hereby waive and release the said Obligee, her heirs, executors, administrators and assigns, the benefit and advantage of all laws now in force, or that may be passed exempting property, wither real or personal, or both from levy and sale under any execution that may be issued, for the collection of the said judgment. SEALED AND DELIVERED IN THE P SENCE OF . l(lIC&6 TaA (SE Richard T. Howarth, . • • EXHIBIT D-3 6.6.95 Mortgage l County of COMMONWEALTH MBERLANONN5YLVANIA SS I Robert P Ziegler,Recorder,do hereby • Certify tChoattythe foregoing is a true and c nl 1____7—��--Vol. �� n Page•&_ • / Miss rtty seal (e p. of • err. • Recorder• a:-• My Cornmission JaaaalY 2(110 Expires, 1st Monday, ��... Oc'ECO.1!;DErrR J..O;F: with the interest and costs of insurance due thereon, as aforesaid, together with an attorney's commission of five (5s) per cent, on the said principal sum, besides costa of suit, may be enforced and recovered at once, anything therein contained to the contrary thereof in anywise notwithstanding, as in and by the said recited Obligation and the condition thereof (relation being thereunto had) may more fully and at large appear. WITNESSETH that the said Mortgagor, as well for and in consideration of the said debt or sum of Sixty-Five Thousand ($65,000.00) Dollars, and for the better securing the payment of the same with interest, as aforesaid, unto the said Mortgagee, her executors, administrators or assigns in the discharge of the said recited Obligation, as for and in consideration of the further sum of one dollar, lawful money, aforesaid, unto the said Mortgagor in hand well and truly paid by said Mortgagee, at granted, bargained and sold, released, and confirmed, and by these presents, does grant bargain and sell, release and confirm unto the said Mortgagee, her heirs and assigns, ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and state of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of the public road leading from Good Hope to Erb's Bridge at the corner of lands now or late of Emandar Realty company; thence along the center line of said road South 27 degrees 40 minutes east 152.4 feet to a point; thence continuing along the center line of said road South 26 degrees East 200 feet to a point; thence by other lands now or late of Zedna A. Comella South 72 degrees 23 minutes West 153.5 feet to a mark on a concrete wall on the bank of the Conodoguinet creek; thence along the said Creek North 9 degrees 51 minutes West 362.25 feet to a pin on the line of lands now or late of Emandar Realty company; thence along said lands North 85 degrees 5 minute° West 50 feet to the point or place of BEGINNING. RAVING thereon erected a one story frame dwelling house known as 411 Good Rope Road. SUBJECT to the right of Zedna A. Comella, widow, her heirs and assigns, to use the 15 foot wide right-of-way extending from said public road from Good Hope to Erb'a Bridge through the property herein described to other property of Zedna A. Comella abutting said property herein described on the south for purposes of ingress, egress and regress. The center line of said right-of-way being described as follows: BEGINNING on the western line of said public road at a point 116 feet measured northwardly from the southern line of the property hereinbefore described; thence South 70 degrees 3 minutes West 20.8 feet to a point; thence in a southwestwardly direction on a curve to the left having a radius of 70 feet, 91.02 feet to a point; thence south 4 degrees 27 minutes East 61.27 feet to said adjoining lands of Zedna A. Comella. BEING the same premises which Thomas J. Schratz, sr., single man, by his deed of even date and intended to be recorded immediately prior hereto, granted and conveyed unto Richard T. Howarth, Jr., Mortgagor herein. eoac12CG PACE 141 08/06/2008 9:27:31 AM CUMBERLAND COUNTY Inst#199s1944d_Pnno 9 s A TOGETHER with all and singular the improvements, ways, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents issues and profits thereof; TO HAVE AND TO HOLD the said hereditaments and premises granted, or mentioned and intended so to be with the appurtenances, unto the said Mortgagee, her heirs and assigns, to and for the only proper use and behoof of the said Mortgagee, her heirs and assigns, forever: AND the said Mortgagor, for himself, his heirs and assigns does hereby covenant, promise and agree to and with the said Mortgagee, her heirs, executors, administrators and assigns, that if the said Mortgagor, his heirs or assigns, shall neglect or refuse to keep up the aforesaid Insurance, it shall be lawful for the said Mortgagee, her heirs, executors, administrators or assigns, to insure the said building in a sum sufficient to secure payment of the said principal debt, in case of fire, and shall recover the costs and expenses of such insurance in a suit upon this Mortgage. PROVIDED always, nevertheless, that if the said Mortgagor, his heirs, executors, administrators or assigns, does and shall well and truly pay, or cause to be paid, unto the said Mortgagee, her heirs, executors, administrators or assigns, the said principal sum of sixty-Five Thousand ($65,000.00) Dollars, lawful money, aforesaid, on the day and time heretnbefore mentioned and appointed for payment of the same, together with interest and costa and charges of insurance, as aforesaid, and without any deduction, defalcation or abatement to be made of anything for or in respect of any taxes, charges or assessments whatsoever, then and from thenceforth, as well this present Indenture end the estate hereby granted, as the said recited Obligation, shall cease, determine and become void, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. AND PROVIDED, also, that it shall and may be lawful for the said Mortgagee, her heirs, executors, administrators or assigns, when and as soon as the said principal sum shall, in any event, become due and payable, as aforesaid, an Action of Mortgage foreclosure may be properly commenced upon this Indenture of Mortgage, and proceed thereon to judgment and execution for the recovery of said principal sum and all interest due thereon, and the costs and expenses of insurance, as aforesaid, together with an attorney's commission of five (5%) percent on said principal sum, besides cost of suit, without stay of or exemption from execution or other process, with a full release of errors; and law, rule of court, or usage to the contrary notwithstanding. rN wITMEss WHEREOF, the said party of the first part has to these presents set his hand and seal, the day and year first above written. BOOK 1.2.66 PAGE 142 • /06/2008 9:27:31 AM CUMBERLAND COUNTY Inst.#199512444-Page 3 of 4 • • SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF liZefa — I \ Richard T. Howarth, Jr. CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee herein is as follows; 1729 Penn Street Harrisburg, PA 17102 Attorney for Agent for Grantee COIQIONWEALTH OF PEHNSYLVAHZA j j SS. CowNTY OP E Au Pilo IJ j on this, the 6th day of June, 1995, before me a Notary Public, the undersigned officer, personally appeared RICHARD T. HOWARTH, JR., known to me (or satisfactorily proven) to be the person whose name As • subscribed to the within instrument, end acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. . . otary Public _ , ri, • ,..v : ,Mk My commission Expires: : A%• Y • , "_ yr• +T°of Pennsylvania 1 _...:' ,,.' .,. �. lust of Cumberland.1 <-.arded in the office for the recording of Dente F {e T-4 NOTARIAL SEAL ,,•' j� - • ' AindoianVnd !CHERYL L SMITH Notary Public •�' i�Papa �\�- Harrisburg.pauPnin County ,my fiend ii Of �� • M`'Commission Expires Aaii 6.1996 PAtt%y'1Y t� �f�.J t�"•T" • 9oOK 1266 PAGE 343 • 44�50�0. 3/06/2008 9:27:31 AM CUMBERLAND COUNTY Inst.#199512444-Page 4 of 4 EXHIBIT D-4 6.1 .06 Deed eS)MMONWPALTH of PENNSYLVANIA 4-1 —1 t)�ufty of @IIMSEPLANP I SS ''-k I Robert P Ziegler,Recorder,do hereby r Certify that the foregoing is a true and 1 ' co Yd.Tre Page �t ��r n BERT P. ZIEGi.ER 11 Witne y my hgr� iftspis r .40010 Prepared By: Da of (�.((�Lll((r�� T :7.�.r., ;, Lorie A.Taylor,Esq• r o eels Latsha Davis Yohe&M 4 o'�'Expires, Monde , , 2006 JUN 2 API 11 32 1700 Bent Creek Boulevard,Suite 140 Mechanicsburg,PA 17050 Tax Parcel No.:10-20-1844-015 SPECIAL WARRANTY DEED THIS DEED,made this 131. day of 2006,by and between Richard T. Howarth,Jr.,the"Grantor," AND Richard T. Howarth,Jr. and Denise Howarth,his wife,the"Grantees." WITNESSETH, that in consideration of One dollar($1.00), in hand paid, the receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey to the Grantees, as tenants by the entireties, their heirs and assigns, all that certain tract of land situate in the Township of Hampden,County of Cumberland, Commonwealth of Pennsylvania,more practically described in Exhibit"A" attached hereto,hereby incorporated by reference as if herein fully set forth verbatim,and hereby made and to be deemed an integral part hereof. BEING the same premises that Thomas J.Schratz,Sr. by his Deed dated June 6, 1995,and recorded in the Cumberland County Recorder of Deeds Office in Record Book 123,Page 227, on June 7,1995, granted and conveyed unto the Grantor. The Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. THIS TRANSACTION IS EXCLUDED FROM REALTY TRANSFER TAX PURSUANT TO SECTION 1102-C.3(6)OF THE PENNSYLVANIA REALTY TRANSFER TAX ACT AND REGULATIONS PROMULGATED THEREUNDER,AS A TRANSFER BETWEEN SPOUSES. 72 P.S. §8102-C.3(6). IN WITNESS WHEREOF,the Grantor,intending to be legally bound hereby,has caused this Special Warranty Deed to be duly executed on this day,month and year first above written. Richard T. Howarth,Jr. "al( 274 PACE4465 08/06/2008 9:24:10 AM CUMBERLAND COUNTY Inst.#200619156-PanP 1 of COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND On this, the I day of Ju n2 ,2006,before me a notary public,the undersigned officer, personally appeared Richard T. Howarth,Jr.,known to me(or satisfactorily proven)to be the person whose name he subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. • !� No Public , CO OF PENNSYLVANIA f r�. 4 No __ __ �1 v JILL A. STIAIV i NOt r r r, u� 4 + a 44,4`;' t 1 Swims My MyCommission Expires PO 19, ZOOS 'J-1 x I hereby certify that the precise residence or address of the Grantees in this Special Warranty Deed is 411 Good Hope Road, Mechanicsburg,PA 17050. /let- _ �7 ) Attorney f./. e Grantee BOOK 274 PACt44Q3 107859 08/06/2008 9:24:10 AM CUMBERLAND COUNTY Inst.#200619156-Paae 2 of 3 EXHIBIT"A" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hampden,County of Cumberland, and Commonwealth of Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point in the center Iine of the public road leading from Good Hope to Erb's Bridge at the corner of lands now or late of Ernandar Realty Company;thence along the center line of said road south twenty-seven(27) degrees forty (40) minutes east one hundred fifty-two and four tenths (152.4)feet to a point; thence continuing along the center line of said road south twenty-six (26) degrees east two hundred (200) feet to a point; thence by other lands now or late of Zedna A. ComelIa south seventy- two (72) degrees twenty-three (23) minutes west one hundred fifty-three and five-tenths (153.5)feet to a mark on a concrete wall on the bank of the Conodoguinet Creek;thence along the said Creek north nine (9) degrees fifty-one (51)minutes west three hundred sixty-two and twenty-five one-hundredths (362.25)feet to a pin on the line of lands now or late of Emandar Realty Company; thence along said lands north eighty-five (85) degrees five (5)minutes east fifty(50)feet to the point or place of BEGINNING. HAVING thereon erected a one story frame dwelling known as 411 Good Hope Road. SUBJECT to the right of Zedna A. Comella, widow, her heirs and assigns to use the fifteen foot wide right-of-way extending from said public road from Good Hope to Erb's Bridge through the property herein described to other property of Zedna A. Comella abutting said property herein described on the south for purposes of ingress, egress and regress. The center line of said right-of-way being described as follows: BEGINNING on the western line of said public road at a point one hundred sixteen (116)feet measured northwardly from the southern line of the property hereinbefore described,thence south seventy (70) degrees three(3)minutes west twenty and eight- tenths (20.8)feet to a point;thence in a southwestwardly direction on a curve to the left having a radius of seventy feet ninety-one and two one-hundredths (91.02)feet to a point; thence south four (4) degrees twenty-seven(27)minutes east sixty-one and twenty-seven one-hundredths(61.27)feet to said adjoining lands of Zedna A. Cornelia. I Certify thin '__ ''e rec,o,de.. 7n Cumberlay County PA J Re,eurder of Deeds 110-0 274 PAGE4467 612008 9:24:10 AM CUMBERLAND COUNTY Inst.#200619156-Page 3 of 3 RICHARD T. HOWARTH, JR., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : DENISE D. HOWARTH, NOW BY RESUMPTION OF FORMER NAME c _ri, DENISE D. SHULER, : �W `' DEFENDANT is `=' - cn1> 1 '7"7n' �: Q a t.; V. �E.7 Z.-i.,' �'''c7 � a-r- THEODORA HOWARTH • v -- ADDITIONAL DEFENDANT : 08-3599 CIVIL --r ,---4 ' IN RE: PETITION FOR EXCLUSIVE POSSESSION ORDER OF COURT AND NOW, this 5th day of November, 2013, upon consideration of Plaintiff's Petition for Exclusive Possession and the Court being advised that the parties have reached an agreement on that matter, IT IS HEREBY ORDERED AND DIRECTED that the matter is continued. Either party may request it be rescheduled if required. By the Court, M. L. Ebert, Jr., i J. P. Richard Wagner, Esquire Attorney for Plaintiff Diane G. Radcliff, Esquire Attorney for Defendant bas r � 0 EIS r t kL C //Al a .Y►/1 RICHARD T. HOWARTH, JR., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. DENISE D. HOWARTH, NOW BY zs - ' RESUMPTION OF FORMER NAME • v)r- DENISE D. SHULER, • z DEFENDANT • r_ > • V. ul • THEODORA HOWARTH ADDITIONAL DEFENDANT : 08-3599 CIVIL IN RE: DEFENDANT'S MOTION FOR DECLARATORY JUDGMENT ORDER OF COURT AND NOW, this 13th day of November, 2013, upon consideration of Defendant Denise D. Shuler's Motion for Declaratory Judgment; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Richard Howarth, Jr. and Theodora Howarth to show cause why the relief requested by Denise Shuler should not be granted. 2. Richard Howarth and Theodora Howarth shall file an Answer to the Defendant's Motion for Declaratory Judgment on or before December 13, 2013. 3. A hearing on the matter will be held on Tuesday, January 14, 2014, at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 4k, IN, M. L. Ebert, Jr., • P. Richard Wagner, Esquire Attorney for Plaintiff Diane G. Radcliff, Esquire Attorney for Defendant , Ronald Butler, Esquire Attorney for Additional Defendant bas //I/2/i 3 RICHARD T. HOWARTH, JR., • IN THE COURT OF COMMON PLEAS Q1 Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA V. • s ‘i_° 1 DENISE D. HOWARTH, now by • r "' resumption of former name, • DENISE D. SHULER, : Defendant : NO. 08-3599 CIVIL • THEODORA HOWARTH, • Additional Defendant : CIVIL ACTION—IN DIVORCE ANSWER TO DEFENDANT'S MOTION FOR DECLARATORY JUDGMENT AND NOW, comes the Additional Defendant, Theodora Howarth, by and through her attorneys, Butler Law Firm, and files this Answer to Defendant's Motion for Declaratory Judgment, and in support thereof avers the following: 1. Admitted. 2. Admitted 3. Admitted. 4. Admitted upon information and belief. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Additional Defendant is without sufficient information and knowledge to form a belief as to the truth of the allegations made herein. As such, said allegations are specifically denied and strict proof thereof is demanded at the hearing. 9. Admitted upon information and belief 10. Admitted. 11. Admitted in part and Denied in part. It is admitted only that payments were made commencing on or about February 5, 2005. As to all other allegations made in this paragraph Additional Defendant is without sufficient information and knowledge to form a belief as to the truth of the said allegations. As such, said allegations are specifically denied and strict proof thereof is demanded at the hearing. 12. Admitted. The document speaks for itself 13. Admitted. 14. Admitted in part and Denied in part. It is specifically denied that Additional Defendant's attorney claimed that the property was illegally transferred or that the Mortgage or Note was in default. To the contrary, the document speaks for itself and a true and correct copy of said letter dated July 30, 2008, is attached hereto and made a part hereof as Exhibit"A". As to all other allegations made in this paragraph Additional Defendant is without sufficient information and knowledge to form as belief as to the truth of said allegations. As such, said allegations are specifically denied and strict proof thereof is demanded at the hearing. 15. Admitted. 16. Admitted in part and Denied in part. It is admitted only that Additional Defendant filed a Complaint in Mortgage Foreclosure on or about January 7, 2009, and that further action is pending the resolution of the divorce proceeding. However, Additional Defendant has not entered judgment against either the Plaintiff or Defendant in that action due to the fact that Plaintiff filed an Answer,New Matter and Counterclaim to Additional Defendant's Complaint in Mortgage Disclosure. 17. Denied. Additional Defendant has applied all payments to principal . 18. Admitted in part and Denied in part. The allegation that the Howarth Loan, the Note or the Mortgage has no bearing upon or effect in the equitable distribution is a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegation is specifically denied and strict proof thereof is demanded at the hearing. In addition, while it is admitted that Defendant is not personally liable, the Howarth Mortgage is a valid lien against the Good Hope Road property. Further, Defendant resided at the Good Hope Road property from or about 2008 through September, 2013, during which time no rent was paid by Defendant or mortgage payments made to Additional Defendant. 19. (A)—G(1) Inclusive. Admitted. To the extent a response is deemed to be required, it is admitted that the parties are not in agreement on these issues. 19. (G)(2). Denied. Additional Defendant does not understand the allegations made in this subparagraph. As such, said allegations are specifically denied pending clarification. 20. Denied. Additional Defen dant is without sufficient information or knowledge to form a belief as to the truth of the allegation that the Divorce Master requires the Court to determine all of the issues set forth therein. As such, said allegations are specifically denied and strict proof thereof is demanded at the hearing. 21. Admitted upon information and belief. 22. Admitted. 23. Admitted in part and Denied in part. Additional Defendant admits only that her attorney agreed to the scheduling of a hearing provided he could file an Answer to the Motion for Declaratory Judgment. However, Additional Defendant is without sufficient information or knowledge to form a belief as to the truth of the allegations regarding Plaintiff's counsel. As such, said allegations are denied and strict proof thereof is demanded at the hearing. WHEREFORE, Additional Defendant respectfully request this Honorable Court to schedule a hearing on the matters and issues as required by the Divorce Master. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff By: / Ronald D. Butler, Esquire I.D. #09826 1007 Mumma Road Suite 101 Lemoyne, PA 17043 (717) 236-1485 500 North ..urd Street Tel: 717.236.1485 Twelfth Floor Fax: 717.236.7777 BUTLER LAW FIRM Harrisburg,PA 17101 lawyers @butlerlawfirm.com Mailing Address: Post Office Box 1004 Harrisburg,PA 17108.1004 Ronald D.Butler July 30,2008 Jana Butler Toole Benjamin J.Butler Richard T.Howarth, Jr. Denise Howarth 6111 Haymarket Way 411 Good Hope Road Mechanicsburg,PA 17050 Mechanicsburg, PA 17055 Dear Mr. and Mrs. Howarth: I represent Theodora Howarth,your mother and mother-in-law. My client loaned$65,000 to Richard on June 6, 1995 to purchase the house at 411 Good Hope Road. Richard signed a mortgage and a note. The mortgage was recorded at the Cumberland County Recorder of Deeds Office in Mortgage Book 1266,page 143. The mortgage and note provided for repayment of the $65,000 loan over a 20 year term with interest at the rate of 61/2%per annum. The monthly payment was to be$484.63. No payments were made until February of 2005. At that point an oral agreement was reached whereby monthly payments in the amount of$1,000 per month would be made. The property was also transferred from Richard to Richard and Denise,which in itself is a violation of the due on sale clause of the mortgage and note. I have been advised that Denise is now residing in the house at 411 Good Hope Road and that Richard is residing at 6111 Haymarket Way. The amount that would have been due and owing on the loan as of August 1, 2008 if no payments were made would be $120,277.08 plus late charges. I have enclosed a print out showing the computation of this amount. The late charge is 5% of each overdue payment of principal and interest. That amounts to$24.23 per payment. The first 115 payments were missed. Therefore,the late charge due and owing is $2,786.45. Therefore,the total amount due and owing as of August 1, 2008 if no payments had been made would be $123,063.53 ($120,277.08+$2,786.45). According to my information,there were 42 monthly payments of$1,000 each made from February of 2005 through July of 2008 in the total amount of$42,000.00. This would reduce the amount currently due and owing to $8'1,063.53. My client will insist upon receiving monthly payments in the amount of$1,000 until the debt has been paid in full. My client is prepared to institute foreclosure proceedings in the event that payments are not made in a timely manner. Very truly yours, Ronald D. Butler RDB/clf cc: T Enclosure EXHIBIT "A'` cc: Theodora Howarth VERIFICATION I,Theodora Howarth, Additional Defendant herein, hereby certify that the facts set forth in the foregoing Answer to Defendant's Motion for Declaratory Judgment are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Theodora Howarth Dated: A...6 RICHARD T. HOWARTH, JR., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, . v. : NO: 08-3599 CIVIL TERM : CIVIL ACTION- LAW DENISE D. HOWARTH, now by . resumption of former name, : IN DIVORCE DENISE D. SHULER, . Defendant, : • v. : Prior Assigned Judge: M.L. Ebert, Jr. THEODORA HOWARTH, �, `- • Additional Defendant. .-' ° '•= t� -xi s; , NOTICE TO PLEAD `nc=' N --• rc 7,. D TO: Denise Howarth z ,-- . c/o Diane G. Radcliff, Esquire v ,., 3448 Trindle Road ..t r" - Camp Hill, PA 17011 You are hereby notified to plead to the within document within twenty(20) days after service hereof, or a default judgment may be entered against you. Respectfully submitted, WAGNER : .PREHA By ``' '. Richar I •gner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717)234-7051 Attorney for Plaintiff DATE: M//// i3 RICHARD T. HOWARTH, JR., • IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO: 08-3599 CIVIL TERM : CIVIL ACTION - LAW DENISE D. HOWARTH, now by resumption of former name, : IN DIVORCE DENISE D. SHULER, • Defendant, v. : Prior Assigned Judge: M.L. Ebert, Jr. • THEODORA HOWARTH, • Additional Defendant. ANSWER TO DEFENDANT'S MOTION FOR DECLARATORY JUDGMENT WITH NEW MATTER ANSWER AND NOW, comes the Plaintiff, Richard T. Howarth, Jr.,by and through his attorneys, Wagner& Spreha, and files the following Answer to Defendant's Motion For Declaratory Judgment: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. It is denied that in 1999,the Husband told the Wife that the Good Hope Road property was paid for. Husband further denies that he told Wife that the money given by the Mother was a gift. By way of further answer, the evidence of record supports otherwise. 9. Admitted in part, but by way of further answer,the Special Warranty Deed was executed June 1, 2006 transferring the property from Husband to Husband and Wife. 10. Admitted. 11. Admitted in part, denied in part. It is admitted that payments to the Mother in the amount of$1,000.00 commenced February 6, 2005, and continued until July 6, 2008; however, it is expressly denied that Husband told Wife that he wanted to give his Mother the money that she gave him to buy the house, as she was on a fixed budget and could use the money. 12. Admitted. 13. Admitted in part, denied in part. No payments were made from July 5, 2008 by either party. However,the payments have been resumed by the Husband herein when he gained exclusive possession of the home. 14. Denied. Husband is not aware of the letter being referenced in paragraph 14 of Defendant's Motion,therefore,the same is denied and strict proof is demanded at the time of trial. However, by further answer,the Note and Mortgage were a matter of public record accessible by Wife and known to Wife as having been explained to her by Husband. 15. Admitted. 16. It is admitted that Mother started a mortgage foreclosure proceeding. 17. Denied. Husband does not have a basis upon which to form a belief as to the averment in paragraph 17 of Defendant's Motion,therefore, the same is denied and strict proof is demanded at the time of trial. 18. Admitted in part. Although Wife is not a party to the Loan,Note or Mortgage, when she acquired ownership of the home, she acquired the mortgage which, by law, follows the property. 19. Admitted in part, denied in part as follows: A. Husband and the Additional Defendant believe the Loan,Note and Mortgage are valid and enforceable; B. Husband and Additional Defendant agree that the Loan,Note and Mortgage have not been forgiven in whole or in part except for the applicable payments that were made as set forth herein; C. Husband and Additional Defendant agree that there is no bar or applicable statute of limitations for the collection; D. Husband is unable to form a belief as to the averment contained in paragraph 19(D) of Defendant's Motion, therefore, the same is denied and strict proof is demanded at the time of trial; E. Admitted. F. The effect of the 6/1/06 Deed transferring the property to Husband and Wife also transfers any applicable Mortgage of record that follows the property; G. Husband and Additional Defendant agree: 1. The Loan,Note and Mortgage are still valid and enforceable; 2. Husband and Additional Defendant agree that the Loan,Note and Mortgage are still valid, enforceable, and there are monies owed to the Additional Defendant. 20. Admitted. 21. Admitted. 22. Admitted. 23. Admitted. WHEREFORE, Plaintiff requests the Court to dismiss the Declaratory Judgment of Defendant. NEW MATTER 24. Answers to paragraphs 1 through 23 above are incorporated herein by reference and made a part hereof. 25. At all time relevant hereto, the Mortgage, a copy of which is attached hereto, incorporated herein by reference and made a part hereof,was filed of record in the Court of Common Pleas of Cumberland County dated the 6`h day of June 1995, in Mortgage Book Volume 1266,Page 140,prior to the time the parties were married. • 26. At all times relevant hereto,the transfer of the Deed from Husband to Husband and Wife on June 1, 2006, was a transfer subject to any applicable Mortgages of record, including the Mortgage to the Additional Defendant herein. 27. At all times relevant hereto, the Defendant, Denise Howarth, actually made payments to the Additional Defendant, executed checks for amounts of money payable to the Additional Defendant, and agreed and participated in the repayment of the Loan to the Additional Defendant. 28. The Defendant, Denise Howarth, is now barred or equitably estopped from denying the existence of the Mortgage, which is a matter of public record, which was an encumbrance on the property at the time of transfer on June 1, 2006, and was the subject of payments made by her in her handwriting with checks signed by her. 29. Plaintiff believes and therefore avers that the action for declaratory judgment is without foundation, invalid and totally contrary to real estate law. 30. As a result of the above,the Plaintiff has incurred an additional $2,500.00 in legal fees for purposes of defending this Declaratory Judgment action, which legal fees are being requested to be reimbursed to the Plaintiff herein by the Defendant, Denise Howarth. WHEREFORE, Plaintiff requests this Court to grant relief, including the payment of legal fees. Respectfully Submitted, Wagner& •reha . Ric it agner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Date: /,1/i/11- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: 1 Z/Z✓ 3 • CERTIFICATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Wagner& Spreha, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage,prepaid, and addressed as follows: Diane G. Radcliff, Esquire Ronald D. Butler, Esquire 3448 Trindle Road P.O. Box 1004 Camp Hill, PA 17011 Harrisburg, PA 17108-1004 Attorney for Defendant Attorney for Additional Defendant By de.14-4.1 Debra K. Spinner, Skretary Wagner& Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Plaintiff Date: /03/i1/L