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HomeMy WebLinkAbout09-0061. t s r THEODORA HOWARTH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO: Oq - OOIo 1 iv ~ I l ecN+ 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 maybe 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 . s ~ s THEODORA HOWARTH, Plaintiff v. RICHARD T. HOWARTH, JR. and DENISE D. HOWARTH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 to12/22/08 $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 17108 (717) 236-1485 . : ;--.. ~~ ~~ ~r ~~', IQVOW ALL MEN BY THESE PRESENTS, ~i~ ' ~ TEAT RICHARD T. AOWARTH, JR., obligor, held and firmly bound unto TAEODORA HOWARTH, Obligee, in the sum of SIXTY-FIVls' 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-flue (1995). T~ CONDITIOIII 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 ($65,000.00) Dollars, lawful money of the United states, together with interest at the rate of six and one-half (6~$) 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 aI1 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 6y 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 wI11 be five (58) 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 EXHIBIT "A" 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 (58) 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. u~ FDRT~R 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, .Tr. for the penal sum above mentioned, with costs of suit, with a full release of aI1 errors, and without stay of execution after any default as aforesaid. And z 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 s 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 aII 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. SaBLaD A1ND DBLZVBRBD 1111 TSS P S811iOB OF 1 (s Richard T. Howarth, "tCORD- .. ~~ ~•~ ~r rw .~R Or DEEDS ',J~.,B~.~! h~,J COUNTY-P~ ' 95 JUI ~ . 't ACl 8 26 MORTGAGE THIS INDSNTURS, MADE the 6th day of June in the year nineteen hundred and ninety-five (1995) BSTWS.BN RICHARD T. HOWARTH, JR., party of the first part, 1~lortgagor, and THEODORA HOWARTH, party of the second part, 1-fortgagee. f~RBAS, 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-FIVB' 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 (6~8) 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, 20I5. The Mortgagor shall have the right to prepay the balance at any t.fine 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, ~ceK 1 ~;v f:i%~ 140 EXHIBIT "B" y 1 ~ with the interest and costs of insurance due thereon, as aforesaid, together with an attorneys commission of five (58) 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. WITNESSSTH 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 Zine 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. Schrata, 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. Bows 1266 PacE 141 ~' ~ . TOGSTSBR with a1I 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; 2~o SAVS Arm ZRO soLD 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 costa 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-Flue Thousand ($65,000.00) Dollars, Iawful money, aforesaid, on the day and time herelnbefore 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 PRODIDSD, 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 aI1 Interest due thereon, and the costs and expenses of Insurance, as aforesaid, together with an attorney s commission of flue (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 Iaw, rule of court, or usage to the contrary notwithstanding. IN WITNESS WSSRBOF, the said party of the first part has to these presents set his hand and seal, the day and year first above written. D fl less PACE ~4z .e ~~ }• SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF I (S -r^ 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 CO1-IIKONWEALTS OF PSNNSIZVANIA j j SS. COt7N!'Y OF ~rlV P(~~ ~ j On this, the 6th day of June, I995, 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 WSSR80F, I have hereunto set my hand and notarial seal. otary Publi t _~te of Pstxts~+i~ 8S ~~;-;,~,nty of CumbKlsa~d ;;,riled i flat offico for tlw rrooedln0 d Des and b~lsnd _.~~~ B Vo....-p'~ ~ ~~i t3o tYty 1111fld ~ Of ~ ~, 4~.: t~i~, PAtif - - ~..,,,~ My commission Expires: NOTARIAL SEAL CHERYL L SM11H. Notary Public Harrisburg. Dauphin County ~oa~c1~66 eac~ 1~3 I~~~ ~~ ~~~9ERT P. ZIE~LER Prepared By: .... ' , ;' :.. ; " . Lurie A. Taylor, Esq. ~. Latsha Davis Xohe & McKeru~a, P.C. ~~ JAN 2 R(~ Il 32 1700 Bent Creek Boulevard, Swite 1~4 Mecharricsburg, PA 17050 Tax Parcel No_: IU-2(f-1844-015 SPECIAL ~YAA;itANTY DEED THIS DEED, made this ~ 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 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, Commomvealth of Pennsylvania, more practically described in Exhibit "A" attached hereto, hereby incorporated by reference as if herein. fully set forth vexbataim, and hereby made and to be deemed an integral part hereof. BEING the same premises that Thomas ). Schratz, Sr. by his Deed dated June b, 1995, and recorded in the Cumberland Cosu~ty 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 BE~TVVEEN SPOUSES. 72 P.S. §8102-C.3(6). IN WITN~S WHEREOF, the Grantor, intending to be legally bound hereby, has caused this Special Warranty Deed to be duly executed on this day, month and yeaz first above written. ~ ~ ~ pCHI~$1T "C`~ ~f'IAnooA 11:6:55 AM CUMBERLAND COUNTY ~'~ J Richard T. Howarth, Jr. ~ 27~# ~cE44GS Inst.lt 200619156 -Pape 1 of 3 COMMONWEALTH OF PENNSYLVANIA - SS. COUNTY OF CUMBERLAND 1 1"1VL VJf 1 V On this, the ~ day of .~un¢. ,2006, before me a notary public, the undersigned ofEcer, personally appeazed 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 fvr the purposes therein contained. IN WITNESS WI~IZEOF, I hereunto set my hand and official seal. N Public ~M~1~,,, ~ C~nirlw E~yMr ~/ I hereby certify that the precise residence or address of the Grantees in this Special Warranty Deed is 412 Good Hope Road, Mechanicsbu=g, PA 27x50. Attorney f Grantee ~o~ 274 r~cF4466 2118!7,008 11;26;55 AM CUMBERLAND COUNTY Ingt.At 200619156 - Paae 2 of 3 EXHIBIT "'A" LEGAL DESCRIPTION ALL 'THA'T 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 centerline of the public road leading from Good Hope to Erb's Bridge at the corner of lands now or late of Fntiandar Realty Company; thence along the center line of said roadsouthtwenty-seven (27) degrees forty (40) minutes east one hundred fifty-two and four tenths (1524) 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. Comella 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 Conodoguiunet Creek; thence along the said Creek north nine (9} degreesfifty-one (51) minutes west three hundred sixty-two and twenty-five one-hundredths (362.25) feet to a pin on the line of Iands now or late of Tzmandar Realty Company; thence along said lands northeighty-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 fift+eenfootwidenght-of--way extending from said public road from Good Hope to Erb's Bridge through the property herein descnbed to other property of Zedna A. Com.elIa abutting said property herein described on the south for purposes of ingress, egress and regress. The center line of said rift-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 (7(1) degrees three {3) minutes west twenty and eight- tenths (20.g}feet to a point; thence in a southwestwardly direction an 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. Comella. j Certify this ,. '~~c reco~d~::~ 'n Cumberla~~• ~'vunty PA .~ , ~. ;.: ~...• ,. ., .~ R~~~~rcter of Deeds 800,( 274 r~cE448? ..._ ..__ ...._...r.. ........ ....-r.-_-- 2/18/2008 11:26:55 AM CUMBERLAND COUNTY Inst.# 200819156 - Psae 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, cashie>'s check, certified check . or money order, and made at: 1724 Penn Street, Hamsburg, 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 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 anytime 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, 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 sheriffto 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, 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 CIltCUMSTANCES 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 mort aye 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 maybe 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 1MPORTANCIA, 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 PARR UN PRESTAMO POR EL PROGRAMA EXHIBIT "E" • A . , 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 MADE 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 CiJRRENTLY 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 checl4 certified check or money order made savable 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 attomeys, 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 (301 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 vast 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 fmd 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 attomeys fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. A ~, r 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 • r A ~, 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 saveyour 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_A~ency. 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 an~questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call L717) 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 1MPORTANCIA, PLIES 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 CURL ,, PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDINIIR 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 (331 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 proUerty 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 FII.E 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 TIl1ZE 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 Sled bankruptcy you can still apply for Emergency Mortgage Assistance ) HOW CURE YOUR MORTGAGE DEFAULT Briny 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: not use if not applicable.) 1F 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 "~ r w 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 vour mortgaged nroperty. 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 attomeys, 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 550.00. 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 ueriod, 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 anv time UP to one hour before the Sheriffs Sale You may do so b~paving the total amount then east due, plus anv late or other charges then due reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing anv 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 appro~mately 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 CINDER: 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. • ~ w 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 OCC[JRRED, lF 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. p~A 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. T eo ora Howarth Dated: ~~~~~ C~ f ~- _ `W' ~a _.~.~ ..~ rte-.-; :~. C.__ y ^- ~ ~ - -~. '°? ~ O ~ ~ Q ~ a _.., ~ ~ y =~ w v THEODORA HOWARTH, Plaintiff vs Case No. 09-0061 RICHARD T. HOWARTH, JR. and DENISE D. HOWARTH, wLL Defendants Statement of Intention to Proceed rnw mom. -1P rn r- ro To the Court: �y C3 . Theodora Howarth 3ni' C:> intends to proceed with the above caplsomd nMer.w C5 �.. Print Name Ronald D. Butler ... Sign Name r Date: Sept. 18, 2013 Attorney for Theodora Howarth Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and"the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d)for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision(d)(3)requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.