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Anthony J. Nestico, Esquire, I.D. No. 58868 ° , Megan C. Huff, Esquire, I.D. No. 84391 -?, -= - NESTICO, DRUBY & HILDABRAND, PC MC D =M M 840 Fast Chocolate Avenue t== N " z7c Hershey, PA 17033 ?,, --< cry C (717) 533-5406 (717) 533-5717 fax TNestico@HersheyPALaw.com MHuff@HersheyPALaw.com w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C. HOWARD, No, //- `7qS / ?IL?L 7?1? Plaintiff, V. SHERRY L. SCHULKINS, Defendant. 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 other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17013 717-249-3166 0 q2.00 fd ?? fi-A e?,26saa? Anthony J. Nestico, Esquire, I.D. No. 58868 Megan C. Huff, Esquire, I.D. No. 84391 NESTICO, DRUBY & HILDABRAND, PC 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 fax TNestico@HersheyPALaw.com MHuff@HersheyPALaw.com .............................................................................. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C. HOWARD, No. Plaintiff, V. SHERRY L. SCHULKINS, Defendant. COMPLAINT FOR PARTITION OF REAL PROPERTY Plaintiff Robert C. Howard, by and through his undersigned attorneys, brings this action to partition real property and avers as follows: 1. Plaintiff Robert C. Howard is an adult individual and resident of the Commonwealth of Pennsylvania, having a current residential address of 5404 Laurie Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Upon information and belief, Defendant Sherry L. Schulkins is an adult individual and resident of the Commonwealth of Pennsylvania, having a current residential address of 4182 Antelope Court, #102, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant are the owners of certain real property known as 5404 Laurie Lane, Enola, Cumberland County, Pennsylvania 17025 (hereinafter the "Property"). 4. Plaintiff and Defendant acquired title to the Property by deed, dated July 25, 2003, from Russell D. Miller and Lois A. Miller, recorded in the in the office of the Recorder of Deeds in and for Cumberland County, in Book 258, Page 3127. The Deed is a matter of public record and is incorporated herein by reference by virtue of Pa.R.C.P. §1019(g). A true and correct copy of the Deed is attached hereto as "Exhibit A" and incorporated by reference. 5. Plaintiff and Defendant own the Property as joint tenants with right of survivorship. See "Exhibit A." 6. No persons other than the parties have an ownership interest in the Property. 7. On December 1, 2010, Plaintiff and Defendant, as mortgagors, made, executed, and delivered a Mortgage on the Property as security for their payments and performance of other obligations under a Note executed by them in consideration of a loan made to them. The Mortgage is a matter of public record and is incorporated herein by reference by virtue of Pa.R.C.P. §1019(g). A true and correct copy of the Mortgage is attached hereto as "Exhibit B" and incorporated by reference. 8. Plaintiff and Defendant lived at the Property together since the purchase until in or about January 2011, when Defendant moved out of the Property. 9. Plaintiff has paid all expenses associated with the Property, including, but not limited to, mortgage payments, taxes, insurance, and maintenance costs since in or about August 2010. 10. Plaintiff wishes to sell the Property, but Defendant has failed and refused to cooperate with the sale of the Property. 2 11. Plaintiff found a prospective purchaser, Kenneth Page, for the Property, in which Mr. Page would purchase the Property for the sum of $199,963.08 payable in 36 monthly installments of $1,355.00 within the remaining balance to be paid on or before August 1, 2014. A true and correct copy of the proposed Installment Sales Agreement (hereinafter the "Agreement") is attached hereto as "Exhibit C" and incorporated by reference. 12. Upon information and belief, Defendant has failed and refused to sign the Agreement on the basis that (i) the Mortgage requires the parties to reside at the Property for one year; (ii) inadequate insurance provisions; and (iii) the Agreement is for a period of 3 year years. 13. Bank of America has verbally consented to Mr. Page residing at the Property. 14. The Agreement requires Mr. Page to maintain renter's insurance while the parties would continue to insure the Property. 15. Given the current real estate market, the Court should enter an order requiring Defendant to enter the Agreement. 16. In the event this Court orders the Property to be sold, Plaintiff has contacted Lynn Vastyan, a knowledgeable and experienced, licensed real estate agent associated with Brownstone Real Estate Co., who has agreed to list the Property, at a six percent (6%) commission. 17. No partition or division of the Property has ever been made. WHEREFORE. Plaintiff Robert C. Howard respectfully requests your Honorable Court to: A. Enter a Decree partitioning the real property located at 5404 Laurie Lane, Enola, Cumberland County, Pennsylvania 17025; 3 A B. Enter an Order requiring Defendant to enter into the proposed Installment Sales Agreement or alternatively, requiring the parties to list the Property for sale with Lynn Vastyan at Brownstone Real Estate Co. at a six percent (6%) commission. C. Enter an Order crediting Plaintiff with all expenses associated with the Property, including, but not limited to, mortgage payments, taxes, insurance, and maintenance costs since in or about August 2010. D. Enter an Order reimbursing Plaintiff for the expenses associated with the Property that he paid on Defendant's behalf. E. Order such other and further relief that the Court deems just and proper. Respectfully Submitted, NESTICO, DRUBY &-.HILDABRAND1 PC Date: , r i? By: Anth-i6ny J. Ne ico re; D. No. 58868 Megan C. Huff L o.84391 840 E. Cho ate Hershey, P 17033 (717)533-5 ne (717) 533-5717 Fax Attorneys for Plaintiff 4 VERIFICATION I, ROBERT C. HOWARD, verify that the statements made in the foregoing document 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. 54904 relating to unsworn falsification to authorities. Date: ROBERT C. f-IMVARD _ Le DEED :.T P. ZIEGLER Jr DEEDS RLAND COUNTY-,-,' Tax Pax&R&)k-1 J8OpQ THIS INDENTURE made the S 10-1y -Oyya- opt, day of ZZ in the year of our Lord Two Thousand Three (2003). CY BETWEEN RUSSELL D. MILLER, and LOIS A. MILLER, his wife, of Cumberland County, Pennsylvania, GRANTORS, Party of the First Part, A N D ROBERT C. H OWARD, a s Ingle m an, it nd S KERRY L. SCHULKINS, a single woman, as joint tenants with right of survivorship, and not as tenants in common, of Cumberland County, Pennsylvania, GRANTEES, Party of the Second Part, WITNESSETH that the said Party of the First Part, for and in consideration of the sum of ONE HUNDRED THIRTY NINE THOUSAND NINE HUNDRED(S139,9W.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, have granted, bargained, sold, alienated, enfeoffed, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, enfeoff, releasc, convey, and confirm unto the said Party of the Second Part, their heirs and assigns. ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Sate of Pennsylvania, bounded and described as follows, to wit; BEGINNING at a point on the northern he of Laurie Lane at the southeast corner of Lot No. 5 , Block "D" as shown on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots Nos. 5 and 6 , Block "d", North four (04) degrees thirty-six (36) minutes West, one hundred twenty-one and sixteen one-hundredths (121.16) feet to a point; thence by the dividing line between Lots Nos. 4 and 6, Block "D" , North eighty-six (86) degrees thirty-three (33) minutes East, one hundred ten and thirty-one one-hundredths (110.31) feet to a point; thence by lands of Eugene Long, South nineteen (19) degrees thirty-one (31) minutes East, one hundred twenty-three and twenty-nine one-hundredths (123.29) feet to a point; thence by the northern line of Laurie Lane, South eighty-five (85) degrees twenty-four (24) minutes West, one hundred forty-two and seventy- two one-hundredths (142.72) feet to a point, the Place of BEGINNING. BEING Lot No. 6, Block "D", in the Plan of Lots of Glenda Crest, which Plan is of record in the Cumberland County Recorder's Office in Plan Book 11, Page 9. SUBJECT to the set back line as shown on said Plan and to a utility easement along the north and east sides of said Lot which easements are also shown on said Plan. eoox 258 FACEU27. BEING THE SAME PREMISES which Lois A. Miller, formerly Lois A. Gossard, and Russell D. Miller, her husband, granted and conveyed unto Russell D. Miller and Lois A. Miller, his wife, by deed dated May 12, 1976, in the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book P26, Page 360, and recorded on May 27, 1976. UNDER and SUBJECT to restrictions and conditions as now appear of record. AND THE SAID Party of the First Part, for themselves, their heirs, executors and administrators, does by these presents, covenant, grant and agree Second Part, their heirs and assigns, that they, the said P to and with the said Party of the singular the hereditarnents and ?y of the First Part, their heirs all and intended so to P?3es hereinabove described and granted or mentioned and be, with appurtenances, unto the said Party of the Second Part, their heirs and assigns, against the said Party of the First Part and their heirs and against all and every other pin or Persons whomsoever, lawfully claiming or to claim the same or any part thereo4 by, from or under these, than or any of them, shall and will, by these presents, SPECIALLY WARRANT AND FOREVER DEFEND. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, 9m- 258 PAGEU28 IN WITNESS WHEREOF, the said Party of the First Part, have hereunto set their hands and seal the day and year first above written. Signed, Sealed and Delivered in the presence of (SEAL) WITNESS RUSSELL LER (SEAT.) WITNESS LOIS A. ER COMMONWEALTH OF PENNSYLVANIA COUNTY OF (SEAL) R XSSD. MILLER ' Q • ?(SEAL) LOIS A. MILLER :SS On this, the Z S day of ( 2003, before me, a Notary Public, the undersigned officer, Personally appeared RUSSEL D. MILLER and LOTS A. MILLER, the Grantors, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instnunent, and acimOwledged that they executed the same for the purpose therein contained. IN WrMas WHEREOF, I hereunto set my band and Notarial seal, ..,, ° lVI Commissio Expo K°i"d, Poa?e P? w LS proe. 1* 25, 3* Ao"NoPublic 8001( PAGEU29 'hereby certify that the precise residence of the Grantee in the within Deed is: EY, Agent for i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND- t :SS RECORDED in the Office for the Recording of Deeds in and for the County of Cumberland in Deed Book P WITNESS my hand and seal of office this day of 2003. Recorder c e r' i+ v i l Is to be recorded tip Ulmbcrland County PA r Recorder of Deeds Flagg got r e 3w yR L 1 ! 1 J c y I *, S ZEN ?,? 6 ` Boox 258 PAGE3130 T ? N f• W F-•? r e p r O o ?o q 011 101111 Return To: Certified Title Corp. 25 Crossroads Drive Suite 404 Owings Mills, MD 21117 Tax Parcel Identification Number 400040Ml- ?o-ly-OgVZ-?`1 ? np?:2ti 1 fp•« Abvn no Lk w For Recording Deal HOWARD Loan Number 10012MM Case Nuadw 44645YMSQ703 MW 100052210012987226 MORTGAGE THIS MORTGAGE ("Security Instrument") b given on DECEMBER 1, 2010. The mortgagor is ROBERT C HOWARD and SHERRY L SCHULIONS ("Borrower"). This Security Iauntmmt is given to MORTGAGE ELECTRONIC REGIS 71ION SYSTEMS, INC. ("MER80) (SOLELY AS NOMMU FOR LENDER, AS HEREI]NAFM DEFII4ED, AND LENDER'S SUCCEASORS AND ASSIGNS), AS BENEFICIARY. MERS IS ORGANEW AND EZISTING UNDER THa LAWS OF DELAWARE, AND HAS AN ADDRESS AND 7EI.EPHONE NUMBER OF POST OFFICE BOX 2026, FLINT, MICHIGAN 4185012026, TELEPHONE 4@816794l11RR3. FRANKLIN AMERICAN MORTGAGE COMPANY, a cotponAm orgatized and existing under the laws of TENNESSEE, and whose address is SM CORPORATE CENTRE DRIVE, SUITE 400, FRANIO.INi, 722449SUM 37067 ('Leader'). Borrowa owes Leader the principal am of TWO HUNDRED ONE THOUSAND THREE HUNDRED TIVE M-MINE AND W100ths Dollan (U.S.1401,331.00). This debt is evWmcad by Borrower's note dated the same date err this Security Instrument ("plate`), which provides for monthly payments, with the full debt, if not paid earlier, due and payable an JANUARY 1, 2041. This Security Instrument aenues to lender: (a) the repayment of the debt evidemed by the Nac, with interest, and all renewals, waaadons end modifications of the Note; (b) dte_ payment of all other suns, with interai, advanced under Paragraph 7 to protect the security of this Security Imtrummt; sad (c) the performance of Borrowa's covenants and agreements under this Security Instrranent and the Now. For this purpose Bon wer does hereby mortgage, grata and convey to MERS (solely at nominee for Lender sad Lader's successm and maigos) and to the sucausom and assigns of MERS the following described property located in CUMBERLAND County, Pennsylvania: C200 (696) Page 1 of 9 PIIA Peaogwaeis MWtpga IN inning 101101010011 1 0 0 1 2 4 8 7 2 2 6 V 2 0 8 3 LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which has the address of 5404 LAURIE LANE ENOLA Petmsylvania 1'025 ("Property Address"); tt]p] flip ow TOGETHER WITH all the improvements now or bemafta accred on the property. and all ammu, appurtenances, and fixtures now or hereafter a part of the property. All rq*cemettot and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this security Instrument as the "Property." Borrower understands and agrea that MBRS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or ctutorn, M1:11;S (es nominee for lender and Ltmdcr's successors and assigns) has the right: to exercise any or all of those wets a, including but not limited to, the right to foreclose and all the Property; and to take any action required of hider including, but not limited to. relating and cana]ing tlris Security bgrnmeat. BORROWER COVENANTS that Borrower is lawfully seised of the carats hereby conveyed and has the tight to mortgage, gram and cmnvey the Property and than the Property is unencumbered, except for encombra ces of record. Borrower warrants sod will defend Scomily the title to the Property agsinu all claims sand demands, subject to any encunbmwes of record. THIS SECOM INSTRUMENT combines uniform eovauma for national use and non-uniform covmamts with limited variations by jurisdiction to constitute a uniform wcority instrunan oovertng real property. 0R0083 -2(6%) Page 2 or9 pRA pam"hMis mat~ s ? s ? ?°a ?• tea- ? s ? a $ $ ® r ?? g g ru alt gel G'. pa x a R s s - fill rier[ ! 1 s? to? UN Fr It a it g Irt g? s PC A $g .,gams 147 zm Ifls m? .??? ?. sus irn . °_ i ? s• s??s?? w •? ? °8? 8 9 .1 Mr: S]z ell - na an t; st -6 9 C3 3l 6-M 8 a , o $r°. 8 3'a b `dE 3 _ $ 8 i7 ? 7. "barges to Borrower and Protection of Lender's Rion; In rate Property. Borrower shall pay all govetnnreaol or municipal charges, fines ad impositiour that am not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would advorsely, affect Leaders k awcat in the Property, upon Leader's request Borrower shall promptly famish to Lender receipts evidencing these payments. if Borrower fails to maloe these payments or the payments required by Paragraph 2, or falls to Perform any other covenaofa wad agitemeatc contained In this Security Itmru nsot, or there is a legal proceeding that may significantly affect Leader's rights in the Property (such as a proceeding in bankruptcy, for ooodarmstion or to enforce laws or regulatioow), then Lentder may do and pay whatever is rnxnwary to protest the value of the Property and Leader's rights in the Property, including payment of taxes. haaard insurance and other items mendoned in 2. Any aaoonts di bused by Lander under this Paragraph shall become an additional debt of Borrower and be sfctired by this Security bstrutoeat. •Ihewe amounts "lacer InUM from tie date of disbtrtleaterrt at the Now Rte, and at the option of I ander shall be immediedy due and payable. Borrower when promptly dwAsrgc any Hen which has priority am this Seauiny iustrua+ent unless Borrower: (a) agrees in writing to the payment of the obligation secured by the plea in a manner acceptable to lender: (b) comesa in good tahh tie lien by, or ddesds Whist enforcement of the lien in, legal proceedings which in the I eaderIs opinion operue to prevent the enforoment of the lim; or (c) secures from the holder of the lien a agreement satisfactory to Leader arbordinaft the lien to this Security Instrument. If Lender determines that my put of the Property is abject to a lien which rnsy attain priority over this Security Itntrament, Deader may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions at forth above within 10 drys of the giving of notice. . 8. Fes. Louder may collect fees and changes au8wriad by the Secretary 9. Grounds for Aa elaredeo of DebL (a) DolealL Lauder may, except as limited by regulations leered by the Secretary in the caw of payment ddmlts, require immediate payment in full of all erns wcecued by this Sorority Instrument if: 0) Borrower def nits by tailing to pay in full any mlooft payment required by this Security Instrument prior to or nn the doe date of tie am anoddy payment, or (ii) Borrower defaits by failing, for a period of thirty days, to penforn any other obligations contained in this Socatrity Vic. (b) Sak Witiostt C reBN Approval. I ender shall, if permitted by applicable law (inchding section 34l(d) of the Gam-St Germain Depository Institutions Act of 1982, 12 U.S.C.1701)-3(d)) and with the prior approval of the Seaenry, require inmeediste payment in full of all sums secured by this Security lmuemxat if: (i) All of part of tie Property, or a beneficial interest in a trust owning all or put of the Property, is sold or otherwise transferred (other rim by devise or descent), and CO) The ftporty is not occupied by the pirchiser or grantee as his or bee principal residemoo. or the porchaaa or grasee does m occupy the Property, but his or her credit has riot been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur fiat would permit Leader to require immediate payment in full, but I meow does not require such paym n, Leader does not waive its rights with respect to atrbwquent events. &V208 FRA 9107 (696) Page s of 97 M INIF00111011¦INIMMIe 1 0 1 2 9 8 7 2 2 G V 2 0 8 3 Iql A ±a n VA o a g t o ?+ III-it g ? . < . ' s 114 ¦ I s? ' 5. s s [fill sg a 8 a ' o Sir; St x ao[ +9 g G .,d 7G '? Qy .OO s « . fig ?. s g _ Wits UP r _E ?+ 5 ji * [I.[' z 16 it . ;?-o ?.< ? sus 9 Mj[ NIS all. •«o rum Hill ,s ru 1 14 OH ?$ egg ? o? ?' ? g sit s ? it [g, a ? g fly r IF ?. r ?g$ 16. Foreclosure Proeedm+a if Linder requires immediate payment in fall under Paragraph 9, Lender may foreclose this Security instrument by judicial proceeding. Lender shall be entitled to collar all expenses incurred in pursuing the remedies provided in this Paragraph 18, including, but riot limited to, attorneys' fees and costs of title evidence. If the Leader's wave n in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9. the Secretary may invoke the woudicial power of sale provided is the Single Family Mortgage Foreclosue Act of 1994 ("Act') (12 U.S.C. 3731 at see.) by requesting a f ecloam comroissioner deaignamd under the Act to commace foreclosm and to sell the Property as provided in the Att. Nothing in the preceding semoce shall deprive the Secretary of say rights otherwise available to a Linder under this Paragraph 18 or applicable law. 19. Release, Upon payment of all sums secured by this Security Instrument, this Security Instrument ad the estate conveyed shall terninste and became void. After such occurrence. I coder dull discharge and satisfy this Security Instrument wimout charge to Borrower . Borrower shall pay my moordation cops. 20. Waivers. Borrows, to the extent permitted by applicable law. waives and releases any error or defects in pmcwdmp to enforce this Security Instrument, and hereby waives the beoefR of any prams or future laws providing for stay of execution, extension of time. exemption from attachment, levy and sale, and homestead exemption. 21. RdMatenrm/ Paris& Borrower's tine to reinstate provided in Paragraph 10 dull extend to one hour prior to the commencement of bidding an a sheriffs sale or other sale pusuam to this Security Instnmmern. 22. Pmvbm Money Mo tpgc If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a parcbm money mortgage. 23. Interest Rode Acts JudgmeaL Borrower agrees that the merest race payable after a judgment is entered on the Now or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instru®eat. If out or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of act soeb rider shall be incorporated into and dhall amend and supplement the covenws and agnetneata of this Security histrumpn as If the rider(s) were a part of this Security Instrument. [Check applicable box(es)) O Condominium Rider O Growing Equity Rider O Planned Unit Development Rider O Graduated Payment Rider OOther(s) [specify] (696) Pane 8 of 9 FHA Peassylranis Martp p 1 0 1 2 1 8 7 2 2 G V 2 0 8 3 BY SIGNING BELOW, Borrower wcgXs trod apes to die ttxms atd cove mus contained in this Security In u m mt and in any rider(s) executed by Borrower and mootded with it. S, IL . ? ??? (?) (seal) R BlHt1 C HOWARD tMnonN L -ann (Sal) •Bon~ (Seal) 49amrc WitDomm SfATEO??I?Vb'l???V)'jq?Ct7mR CMras: day t &LSA IC of ?A? befog ar. B tin the ?mdaaiYned ot8c:er, personally appmered ROBERT C HOWARD atsd L SCgULXM , !mown to me (or addlacxorily pvm) to be the pence who strhacribed to the within insum at, and aclmowiedged that he exetatted the same for the purpaw dieroin contained. In witness hereof. I heavmo .?YMNIN.? set my hand and official seal. ..= r "ESS WHEREOF, I hereunto set my hand and osal. . NOTARIAL SEAL 1 JOHN B?IELEAK JR ? O MIDDLE PUM TWP.. Pubk OAUPNIN COl1N () `?? I Comin"m EY**m Jul 27.2011 olfma MY CERTIFICATE OF RESIDENCE 1, y ce"Ify that the correct address of the within-nwred lender is SOL SUIITE 410, FRANKLIN, TENNFSSEB 37067, wim m my hand this 1ST day of DECDOER, 2010 ?V Ow Page 9 of 9 FHA lamsykaoh Mlortpge File No. 10PA2416 Exhibit "A" Legal Description All that certain piece or parcel 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 on the northern line of Lurk Lane at the southeast corner of Lot No. S, Block "D" as shown on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots Nos. S and 6, Block "D", North four (04) degrees thirty-six (36) minutes West, one hundred twenty-one sad sixteen ome- hundredths (121.16) fat to a point; thence by the dividing Rat between Lots Nos. 4 and 6, Block "D", North eighty-six (06) degrees thirty-three (33) minutes East, one hundred ten and thirty-one hundredths (110.31) fat to a point; thence by lands of Eugene Long, South nineteen (19) degrees thirty-one (31) minntes East, one hundred twenty-tbree and twenty-nine one-huadredths (123.29) feet to a point; thence by the northern line of Lurk Lane, South eighty-five (8S) degrees twenty-four (24) minutes West, one hundred forty-two and seventy-two one-hundredths (142.72) fat to a point, the place of beginning. Being Lot No. 6, Block "D", in the Pion of Lola of Glenda Crest, which Pion is of record in the Cumberland County Recorder's Office to Plan Book 11, page 9. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 . 717-240-6370 Instrument Number - 201102091 Recorded On 1/18/2011 At 11:09:17 AM * Total Pages -11 * Instrument Type - MORTGAGE Invoice Number - 80581 User ED - MSW * Mortgagor - HOWARD, ROBERT C * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - CERTIFIED TITLE CORP * FEES STATE WRIT TAIL $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $23.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 Certification Page DO NOT DETACH This page is now part of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $74.00 I Certify this to be recorded in Cumberland County PA RECORDER 0 DS * - Information denoted by an asterisk may change during the verification proem and may not be reflected on this page. IIFIlIIII INSTALLMENT SALES AGREEMENT THIS AGREEMENT made this day of July 2011 by and between Robert Howard and Sherry Schulkins, hereinafter referred to as "Seller," and Kenneth Page, Sr. hereinafter referred to as Purchaser. WITNESSETH The parties hereto, intending to be legally bound, mutually agree as follows: 1. Seller hereby agrees to sell and convey to Purchaser, who hereby agrees to purchase, subject to the performance by Purchaser of all the covenants, provisions and conditions hereinafter set forth, ALL THAT CERTAIN premises situate and known as 5404 Laurie Lane, Enola, Pennsylvania, for the total principal sum of ONE HUNDRED NINETY NINE THOUSAND, NINE HUNDRED SIXTY THREE DOLLARS, AND EIGHT CENTS ($199,963.08), payable as follows: (a) A deposit of $650.00 payable on or before August 20, 2011. (b) THIRTY-SIX consecutive monthly payments of ONE THOUSAND THREE HUNDRED FIFTY FIVE DOLLARS ($1,355.00) beginning September 1, 2011. (c) The entire unpaid balance on or before August 1, 2014. (d) Upon payment by Purchaser of the full balance of the purchase price, and upon full compliance with the terms and provisions set forth herein, Seller agrees to execute and deliver to Purchaser a deed for said premises. (e) Purchaser shall have the right and privilege of paying additional sums on account of principal prior to settlement so that settlement may be made sooner than otherwise anticipated hereunder. 2. Purchaser shall take possession of the property on August 20, 2011 3. In addition to the foregoing monthly payment of principal and interest, Purchaser shall pay all water and sewer rent, renter's insurance, all maintenance, and all other utilities. Failure to timely pay any of the foregoing charges shall constitute a default hereunder. 4. The premises are to be conveyed clear of all liens and encumbrances, except for existing restrictions and easements of record and/or physically noticeable street improvements, if any, and provisions of the zoning ordinance affecting the use of said premises. Purchaser shall not encumber the premises in any way without the written permission of Seller. 5. Such gas and electric fixtures, heating and plumbing system, ranges, and laundry tubs now in and on said premises and which are the property of Seller, are included in this sale. Purchaser acknowledges that he currently occupies the premises, and has inspected the premises, and accepts the same "as-is" and "with all faults." 6. Purchaser shall assume and be responsible for the maintenance of said premises in good order and repair from the date hereof, and shall keep and hold Seller safe and harmless, from any and all claims for work and labor done or materials furnished in connection with maintaining the said y premises in good order and repair. No major improvements or alterations shall be made to the premises without the written consent of Seller. Purchaser agrees that it shall not permit any mechanics' lien claims to arise against the premises, and in the event any such claims shall arise, Purchaser shall satisfy the same or undertake a good faith defense of the same and pursue such defense to conclusion. If the claim is not successfully removed, Purchaser shall pay the same in full. 7. Purchaser agree that Seller or his authorized agent shall have the right at all reasonable hours of the day to enter the premises for the purpose of inspection to determine whether Purchaser have complied with the terms hereof. 8. Subject to the Supplemental Provisions herein contained, in the event Purchaser shall default for thirty days in any of the terms and provisions of this Agreement, Seller shall have the right to terminate this Agreement and to demand immediate possession of said premises upon thirty days' written notice, and thereupon all rights and obligations under this Agreement shall cease and terminate, and all payments made by Purchaser shall be retained by Seller as liquidated damages and not as a penalty. All payments made by Purchaser shall be considered rent in such event. 9. If Purchaser is in possession of the premises at the time the Seller should declare the Agreement terminated, Purchaser hereby authorizes any attorney to sign an Agreement for entering in any competent court, an amicable action and judgment in ejectment against Purchaser and all persons claiming under him, together with an attorney's commission of not less than ONE THOUSAND DOLLARS ($1,000.00) for the recovery by Seller of possession of the premises, for which this shall be a sufficient warrant; and thereupon a writ of possession may issue forthwith, without any prior proceedings whatsoever, and Purchaser hereby releases Seller from all errors and defects whatsoever in entering such action of ejectment, or causing such writ of possession to be issued, or any proceeding thereon, or concerning the same, and hereby agrees that no writ of error, objection or exception, shall be made or taken thereto. Furthermore, any single use of this authority shall not extinguish it, but Seller may undertake any number of amicable actions for ejectment pursuant to the authority granted by Purchaser herein. Buyer's Initials: 10. This Agreement shall not be lodged for record in any public office. 11. This Agreement is not assignable by Purchaser, nor shall Purchaser rent or sublet the premises, without the written consent of Seller. 12. The failure of Seller to insist on strict performance by Purchaser, of the terns of this Agreement, shall not be construed as a waiver, release or relinquishment thereof. 13. Notices to Purchaser shall be delivered to the premises. Notices to Seller shall be delivered to 1426 Market Street, Apartment 4, Camp Hill, PA 17011. 14. This Agreement represents the entire agreement between the parties hereto, and shall extend to and be binding upon their heirs, executors, administrators and assigns. This Agreement shall not be modified except in writing signed by all parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year aforesaid. Sellers: Robert Howard Buyer: Kenneth Page, Sr. Sherry Schulkins Deanna Lynn Saracco Attorney for Defendant 76 Greenmont Drive Enola, PA 17025 717-732-3750 SaraccoLaw@aol.com d0Tj? L?f l CC-Ir 24 ?} ?ERL'AHD COUNT+1 PI-t ROBERT C. HOWARD, Plaintiff, V. SHERRY L. SCHULKINS, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 2011-CV- 7450 PRELIMINARY OBJECTIONS FILED BY DEFENDANT SHERRY L. SCHULKINS AND NOW COMES Defendant, by and through her counsel, and files these Preliminary Objections pursuant to Pa.RC.P. 1019, Pa.R.C.P. 1024, Pa.R.C.P. 1028(3) and (4), and in support thereof, avers the following: 1. INTRODUCTION 1. Plaintiff commenced the above-captioned action in this Honorable Court by filing a civil Complaint on or about September 29, 2011. 2. Plaintiff asks this Honorable Court to force Defendant to sign an Installment Sales Agreement. Plaintiff s Complaint at Exhibit C. 3. The Installment Sales Agreement and Mortgage attached to Plaintiffs Complaint (E)i hibits C and B respectively) concern the real property located at 5404 Laurie Lane, Enola, PA. (Hereinafter "Premises.") 4. The Installment Sales Agreement seeks to allow Mr. Page to occupy the Premises located at 5404 Laurie Lane, Enola, PA, for a period of three (3) years prior to being required to obtain his own mortgage for the Premises. Paragraph 11 of Complaint. 5. Plaintiff also seeks reimbursement for various costs allegedly incurred by Plaintiff since August of 2010. Paragraph 9 of Complaint. 6. If Defendant signs the Installment Sales Agreement, she would be in breach of the Mortgage agreement with Franklin American Mortgage Company/Bank of America, and as such, cause an acceleration of the debt. See Plaintiffs Complaint at Exhibit B, "Mortgage," Paragraph 5, page 4 of 9, Paragraph 9, page 5 of 9. 7. Mr. Page and his family currently reside at 5404 Laurie Lane, Enola, PA. 8. Plaintiff, Mr. Howard, does not reside at 5404 Laurie Lane, Enola, PA; Plaintiff resides at 1426 Market Street #4, Camp Hill, PA. 9. Plaintiff claims that Bank of America "verbally" agreed to allow Mr. Page to occupy the premises. Plaintiffs Complaint Paragraph 13. 10. Plaintiff did not seek written agreement from the lender in order to waive the occupancy requirements of the Mortgage. 11. Plaintiff did not notify the lender in writing of any transfer of interest in the property. 12. Plaintiff did not notify the lender in writing of a pending sale, which per the Mortgage, would require credit approval by the lender. See Plaintiffs Complaint, Exhibit B, "Mortgage," Paragraph 9(b), page 5 of 9. 13. Notices to the Lender are to be sent via first class mail pursuant to the Mortgage, Paragraph 13, page 5 of 9; Plaintiff failed to attached copies of notices showing that he complied with the Mortgage Agreement. 14. At this time, the Plaintiff does not have proper insurance on the Premises. See letter dated August 16, 2011, Attached hereto as Exhibit A. 15. Plaintiff's Complaint is insufficiently plead and some statements are false such as the following: a. The Plaintiff does not reside at the Premises; reasonable investigation reveals that the Plaintiff resides at 1426 Market Street #4, Camp Hill, PA; Mr. Page currently resides at the Premises and has a child living there that attends school from the Premises. b. Plaintiff and Defendant paid expenses for the property from a joint account that was closed in January 2011, not in August 2010; said information is easy to obtain since the bank statements are readily available. C. Plaintiff did not move out in January 2011, she was evicted by Plaintiff in February 2011; Plaintiff changed the locks; Plaintiff started an intimate relationship with another woman in January 2011, just after he persuaded/romanced Defendant into committing to the new Mortgage. d. Defendant suffered monetary and emotional damages as a result of the conduct of the Plaintiff including but not limited to the unlawful eviction and subsequent occupation of Mr. Page in the Premises. 16. Plaintiff failed to properly verify his Complaint because his Complaint states that he resides at the Premises however, he actually resides in Camp Hill. 17. Plaintiff failed to properly verify his Complaint because he seeks costs from August 2010, however, costs for the Premises were paid from a Joint Account not closed until January 2011, and Plaintiff could easily obtain those bank statements. 18. Plaintiffs attorney, Megan Hui prior to the filing of this Action, contacted Defendant by telephone in order to discuss the Installment Sales Agreement. 19. Plaintiff s attorney failed to ask Defendant whether she was represented by counsel or recommend that she obtain her own attorney. 20. Plaintiffs attorney further engaged Defendant in a lengthy conversation whereby, Defendant felt that the attorney was on her side and that the attorney understood that Defendant was afraid to sign the Installment Sales Agreement because the Agreement afforded Defendant no protections, was unclear, ambiguous and in contravention to the current Mortgage on the Premises. 21. The Installment Sales Agreement does not protect Defendant as such, Defendant reasonably asked for changes and proper approvals before signing. 22. Plaintiff ignored Defendant's requests to modify the Installment Sales Agreement and to seek proper approval from the Lender. II. LEGAL ARGUMENT 23. Plaintiff seeks to have Defendant sign an Installment Sales Agreement that will place Defendant in Breach of the existing Mortgage agreement for the Premises. 24. Plaintiff cannot force Defendant to commit an act that is in contravention to the law. 25. The Plaintiffs Complaint should be dismissed because the Plaintiff s Complaint fails to state a claim pursuant to Pa.R.C.P. 1028(4) since Plaintiff failed to satisfy the conditions of the Mortgage Agreement for the Premises and as such, seeking to enter into the Installment Sales Agreement with Mr. Page is premature. 26. Entering into the Installment Sales Agreement is premature because Plaintiff did not give proper notice and obtain proper approval from the Lender and the Premises is not properly insured. 27. The illegality of Plaintiffs request seeking to force Defendant to breach the existing Mortgage would be raised pursuant to Pa.R.C.P. 1030, in New Matter, when and if the time comes; it should be noted that Mr. Page and his family currently reside at the Premises, even though there is no valid agreement and the conditions of the Mortgage have not yet been met:. 28. A Mortgage document cannot be verbally modified. 29. The Plaintiffs Complaint should be dismissed because Plaintiff failed to join the Lender to this Action and the Lender is a necessary party. (Pa.R.C.P. No. 1028(a)(5). 30. The Plaintiff's Complaint should be dismissed because the Pleadings lack sufficient specificity and contains false statements. Pa.RC.P. 1028(3). 31. Plaintiffs Complaint should be Dismissed because Plaintiff failed to properly verify his Complaint and as such, fails to conform to Pa.R.C.P. 206.3 and 1024. 32. Plaintiffs Complaint fails to conform to Pa.R.C.P. 1019; conditions precedent to signing the Installment Sales Agreement have not yet been met. 33. Defendant respectfully requests that Plaintiffs Complaint be dismissed without prejudice allowing Plaintiff to re-file after the conditions to the Mortgage are met, the Lender is either joined or notified in writing and all approvals and proper insurance is secured. 34. Defendant also respectfully requests that this Honorable Court so advise Plaintiffthat if he intends to re-file his Complaint, he should do so by providing true information and properly verify his Complaint. WHEREFORE, the Defendant respectfully requests that this Honorable Court, dismiss Plaintiffs complaint without prejudice. Dated: 10/21/11 By: /s/Deanna Lynn Saracco Deanna Lynn Saracco, Attorney for Defendant ID4 77414 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Email: SaraccoLaw@aol.com Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U. S. First Class Mail as follows: Anthony I Nestico, Esquire 840 E. Chocolate Ave :Hershey, PA 17033 Dated: 10/21/11 By:/s/Deanna Lynn Saracco E-)(R to i-r A EAGLEMARK INSURANCE `- 217 S. Third St, P.O. Box 20 Lemoyne, PA 17043-0020 Phone: (717) 763-7717 Fax: (717) 763-7989 Ertal: eaglemarkins@comcast.net "q4q? August 16, 20* Robert C. Howard 5404 Laurie Ln. Enola, PA 17025 IN Re: Homeowners Insurance Dear Bob: We have a situation that needs to be addressed with the Homeowners insurance on 54041Laurie Lane, Enola, Pa. 17025. One of the main underwriting criteria's for eligibility of a Homeowners and always has been, is as follows: Residence must be "owner/occupied". When neither you or Sherry occupy the property, the Homeowners policy currently written will not respond to any property, or liability losses that might occur. Furthermore, the company will want to cancel the policy, since it will no longer meet the foregoing underwriting requirements. You will need to have a Homeowners policy written with the new occupant listed as named insured, since he/she will be the occupant Yourself and Sherry should be listed as additional insured's, to protect both your vested interest in the property, along with any Liability exposure that might occur, until such time as the new occupant provides their own mortgage. Your other alternative is a Standard Fire Policy, which is much more expensive, still in you and Sherry's name to cover the house and liability. The new occupant would then need a tenant homeowners policy to cover hislor her personal property and their liability. However, typically on these "sales agreements" situations, when you write either type of policy, it immediately runs up a red flag to the Mortgage company and there could be some terms of your Mortgage agreement that would prohibit this type of sale. Nevertheless, the possible denial of any claim for either property, or liability makes it essential to write a new insuring agreement, as outlined above to properly provide protection for yourself and Sherry. Credit will also play a role in this rewrite. Most all companies today use credit scoring as another eligibility criteria to qualify for a Homeowners Policy. Whether or not your new occupant will qualify will be another issue. However, I do have companies that still do not use credit scoring, if credit would become an issue. However, you will have to have a new policy, that will properly protect the interest of all parties concerned. m Anthony J. Nestico, Esquire, I.D. No. 58868 wp ~ c~- Megan C. Huff, Esquire, I.D. No. 84391 zr ~m NESTICO, DRUBY & HILDABRAND, PC ~Q 840 East Chocolate Avenue Cc3 s,. ' C:I-ra Hershey, PA 17033 =a z ar, (717) 533-5406 m (717) 533-5717 fax TNestico@HersheyPALaw.com MHuff@HersheyPALaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C. HOWARD, . No. 2011-7450 Plaintiff, . v. • SHERRY L. SCHULKINS, . Defendant. . MOTION OF COUNSEL FOR LEAVE TO WITHDRAW NOW COMES, Movant the law firm of Nestico, Druby & Hildabrand, PC and moves to withdraw from the representation of the Plaintiff Robert C. Howar, in the above-referenced matter and aver as follows: 1. Movant is the law firm of Nestico, Druby & Hildabrand, PC, counsel of record for the Plaintiff Robert C. Howard. 2. The Respondents are the Plaintiff and the Defendant Sherry L. Schulkins. 3. At the time Plaintiff retained Movant, Plaintiff agreed to pay Movant on an hourly fee basis along with the expenses incurred for the services in representing Plaintiff. 1 1 4 4. As of the date of this Motion, Plaintiff owes a sum for legal services expended by Movant in the above-referenced matter. 5. Plaintiff would owe additional fees and expenses to Movant if Movant was to proceed with representation of Plaintiff in this matter. 6. Movant's continued representation of Plaintiff has been rendered unreasonably difficult and good cause exists under Pennsylvania Rule of Conduct 1.16(a)(5) for Movant's withdrawal of appearance. 7. Although Defendant filed Preliminary Objections to Plaintiff s Complaint, the Preliminary Objections were not endorsed with a Notice to Plead, and no response is currently required. 8. At this juncture, Plaintiff would not be prejudiced by Movant's withdrawal. ; 9. No Judge has been assigned to this matter. WHEREFORE, Movant the law firm of Nestico, Druby & Hildabrand, PC respectfully request your Honorable Court to grant Petitioner leave to withdraw their appearance for Plaintiff Robert C. Howard in the above-referenced matter. Respectfully Submitted, NESTICO, DRU Y LDABRAND, C Date: f1WO BY: CAnthony J. N stic s- i,.D. No. 58868 Megan C. Hu Esqu D. o. 84391 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff 2 . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C. HOWARD, . No. 2011-7450 Plaintiff, . v. • SHERRY L. SCHULHINS, • Defendant. . CERTIFICATE OF SERVICE I, Megan C. Huff, Esquire, counsel for Plaintiff Robert C. Howard, hereby certify that I served a true and correct copy of the foregoing by first class mail, postage prepaid, on the following: Bob Howard 5404 Laurie Lane Enola, PA 17025 Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PA 17025 Respectfully Submitted, NESTICO, DRUB HILDABRAND C Date: ii S a By: C,• Ant ony J. ic q' I.D. No. 58868 Megan C. H ff, Esq ' e, I. . o. 84391 840 E. Choco enue Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C. HOWARD, No. 2011-7450 Plaintiff, n C V. -o= rnm zm SHERRY L. SCHULKINS, Z Defendant. D° ORDER a z 0 C +..i a rv ca w 7 `P- AND NOW, this day of November, 2011, upon consideration of the foregoing Motion of Counsel for Leave to Withdraw, it is ordered that: r- a ?cD Zr- "I o-n CDC-) .-..i M (1) A rule is issued upon the respondents to show cause why the movant is not entitled to the relief requested; (2) The respondents shall file an answer to the petition within days of this date; (3) Notice of the entry of this Order shall be provided to all parties by the movant. BY THE COURT: J. Distribution List: ,Anthony J. Nestico/Megan C. Huff, 840 East Chocolate Avenue, Hershey, PA 17033 ? Deanna Lynn Saracco, Esquire, 76 Greenmont Drive, Enola, PA 17025 Robert C. Howard, 5404 Laurie Lane, Enola, PA 17025 o0 p I ??' ,,l,g1ow L t' + L,n d.?i rs ? [ LAt'D «9 ii1 C_at IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C. HOWARD, No. 2011-7450 Plaintiff, V. SHERRY L. SCHULKINS, Defendant. AFFIDAVIT OF SERVICE I, Megan C. Huff, Esquire, being duly sworn according to law, depose and say that I have served a true and correct copy of the Rule to Show Cause and Motion of Counsel for Leave to Withdraw on the Plaintiff and Defendant by depositing copies thereof in the United States' mail, postage prepaid, on November 21, 2011, addressed as follows: Sherry L. Schulkins C/o Deanna Lynn Saracco, Esquire 76 Greenmont Drive Enola, PA 17025 Robert C. Howard 5404 Laurie Lane Enola, PA 17025 I make these statements pursuant to 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities and understand that false statements may subject me to criminal penalties under that statute. C C. H COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN SS On this, the S? day of November, 2011, before me, the undersigned, appeared, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that Megan C. Huff executed same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 44 (SEAL) otary Publ c COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kristen J. Malloy, Notary Public Deny Twp., Dauphin County My Commission Expires Aug. 4, 2013 Member, Pennsylvania Association of Notaries (A PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. 0 for trial without a jury. ---------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Robert C. Howard (other) (Plaintiff) vs. vs. Sherry L. Schulkins (Defendant) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due 5 days before pretrials No. 2011-7450 Civil Indicate the attorney who will try case for the party who files this praecipe: No Attorney. Robert C. Howard will represent himself in this matter co C. Zrn r©*7 Z C') to Z C3 D° _Zn = 4 _----P0 -t Cn -C N Term Indicate trial counsel for other parties if known: Deanna Lynn Saracco This case is ready for trial. December 14, 2011 Date: Signed: - Print Name: Robert C. Howard (check one) X? Civil Action - Law ? Appeal from arbitration Attorney for: N/A C, -r? --t r+z ? rom x C) c? ca Q T a? Q ??y.2J FILED-OFFICE O THE PROTHONOTARY 2011 DEC 30 PM 2: 52 CUMBERLAND COUNTY PENNSYLVANIA Robert C. Howard IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Sherry L. Schulkins NO.2011-7450 20 11 Defendant : Civil Term NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Robert C. Howard, Plaintiff, Sherry L. Schulkins, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2011-7450 Civil Term AMENDED PLAINTIFF'S ANSWERS TO NEW MATTER AND COUNTERCLAIMS AND NOW comes Plaintiff, Robert C. Howard, by representing himself until new legal council is obtained for trial, and files with Answer with New Matter and Counterclaims, and in support thereof, avers as follows: Admitted in part. Denied in part. It is admitted that Robert C. Howard is an adult and a resident of the Commonwealth of Pennsylvania. It is denied that Robert C. Howard resides at 5404 Laurie Lane, Enola, Cumberland County, Pennsylvania, 17025; as Robert C. Howard now resides at 1426 Market Street, Apt 4, Cumberland County, Camp Hill, PA 17011 with his new wife. This new address was communicated to previous attorney, Anthony Nestico, Esq., who is no longer representing the Plaintiff, for legal purposes when this claim was filed as Plaintiff's future address once he was married. As of this date, Plaintiff still has personal items remaining at the Enola address. Mr. Kenneth Page and his family did move into the property with Plaintiff on August 1, 2011 to help with payments with the house to prevent the house going into a foreclosure. Mr. Page and his family are living in the residence as guests of Mr. Howard due to the agreement not being signed by Defendant. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted in part. Denied in part. It is denied that Mr. Page has interest in the property due to he is living in the home presently as a guest of Mr. Howard to help him out. It is agreed that Mr. Page and his family would like to purchase the home through a sales agreement, but the agreement has not been signed by Defendant. 7. Admitted 8. Admitted in part. Denied in part. It is admitted that Plaintiff and Defendant lived in the property until on or about January 2011. It is denied that Plaintiff changed the locks on the premises. Defendant moved out of the home voluntarily after a two week vacation with another male she had a relationship with and never returned to the home. She did leave her personal items in the home and was never denied access to the premises. Plaintiff did close the account without notifying Defendant. The account had approximate value of $20.00 at the time it was closed and the Plaintiff was not in a relationship with the Defendant at the time the account was closed. Plaintiff's company changed to Direct Deposit and Plaintiff closed the joint account to prevent Defendant from having access to his payroll check after they split. Bank statement showing balance when account was closed is attached. See Exhibit _. The Jeep that Defendant was driving was never given to her as a gift. This jeep was purchased solely by Plaintiff and Plaintiff allowed Defendant to drive the Jeep while they were in a relationship. Title and truck financing were only in Plaintiff's name. Proof to be provided at time of trial. Plaintiff did start to date another woman after he notified defendant he no longer wanted a relationship with her. It is denied that there was ever a hostile environment at the home due to any of the plaintiff's actions. Plaintiffs new girlfriend never went to the home until after Defendant had moved out and changed her address. Defendant was actually the one who created a hostile environment by treating Plaintiff badly as well as his fifteen year old son. Defendant tossed a lamp at Plaintiff and caused a cut on Plaintiff's arm as well as smashed a table in the presence of the Plaintiff's son. It was this same day that the Defendant's daughter moved out of the home and into her biological father's home to get away from the environment the Plaintiff created at the premises. 9. Admitted in part. Denied in Part. Most payments were made from this account. Plaintiff cashed his check each Friday and deposited $600.00 each week into the account to pay for bills for the home. Defendant paid for groceries, electric, and insurance for vehicles from her check. Her name was listed on the joint account so she could pay bills on Plaintiffs behalf. Defendant only made minimum wage for the entire time of the relationship and home ownership. 10. Denied. Defendant has not cooperated with the sales agreement. Plaintiff did get approval from Mortgage Company to allow a sales agreement with Mr. Page and his family. 11. Admitted. 12. Denied. The Sales agreement is for the exact dollar amount that is owed to the mortgage company. There is no profit to be made by either party due to the sale of the property by the Sales Agreement with Mr. Page. The home was appraised by a licensed agent; and the value came in at a value less than what is owed to the mortgage company due to the poor condition of the home. Agent stated to Plaintiff that if home was placed on the market, it was determined that without doing upgrades to the home, the Plaintiff and Defendant would lose money. The reason for the sales agreement was that the Page family had agreed to purchase the home at the amount owed to the Mortgage Company providing it was done by a sales agreement for the 36 month term to allow them to build their credit so they would be able to get the financing to purchase the home in 2014. Reasons for sales agreements are to help people struggling with credit problems to obtain residences and build credit to be able to purchase properties. The sales agreement stating that if the Page family is unable to obtain financing at the deadline of the contract, the home would be sold. A copy of the Sales Agreement with these terms listed is being provided to the Defendant and will be provided at time of trial. 13. Admitted. Proof will be provided at the time of trial 14. Admitted. Proof of insurance held by Mr. Page will be provided if requested to sign the agreement. Otherwise, a copy will be provided at trial. This document is not required as part of the mortgage or sales requirements, but is held by The Page family to protect their personal items. 15. Admitted. The Defendant has the right as a co-owner of the home to have the home appraised at her cost to prove the home can or cannot be sold for current amount owed. Otherwise, a copy of the letter from the realtor who did the walk through and appraised the home will be provided at trial. 16. Admitted. 17. Admitted. ANSWERS TO AFFIRMATIVE DEFENSES 18. Denied. Plaintiff's complaint does claim upon which relief can be granted. 19. Denied. Plaintiff's complaint does not lack specificity and does not contain false statements and should not be dismissed pursuant to Pa.R.C.P. 1028(3). 20. Denied. Plaintiffs claim's are not barred by the doctrines of waiver, estoppels and or laches and are in fact law. 21. Denied. At no time did defendant act in accordance with or within the confines of applicable law 22. Denied. All damages alleged by Plaintiff are accurate and lawful and owed by the defendant. 23. Denied. Plaintiff was burdened with all of the expenses and upkeep of the home after August, 2010, in which the Defendant is legally half responsible for. Defendant never contributed to the cost of the home including but not limited to Mortgage, Water, heat and other upkeeps that are needed to keep the home in safe conditions; but did provided groceries, pay a few bills, pay for insurance etc., with her check freeing money up for the Plaintiff to make the other necessary payments. Since Defendant's name is on the deed and the mortgage, she is legally responsible for half of each monthly mortgage and tax payments, upkeep of utilities such as water and heat to keep the pipes from freezing, insurance payments for the fire policy and any repairs to the home. Defendant left the home voluntarily and has not helped with any of the payments or utilities and repairs to the home from the date Plaintiff and Defendant's split, (approximately August 2010). Plaintiff has paid for all mortgage payments, taxes, utilities, homeowners insurance, upkeep and repairs for the home since August 2010. By Plaintiff continuing to make the required mortgage payments, this protected his interest in the home as well as the interest that Defendant claims she wants from the home without contribution during this period of time. 24. Denied. Plaintiff did properly verify his complaint PaR.C.P. 206.3 and 1024. 25. Denied. Plaintiff did not fail to join necessary parties Pa.R.C.P. 1028 (a)(5). 26. Denied. Plaintiffs complaint does not fail to conform to Pa.R.C.P. 1019; conditions precedent to signing an Agreement have been met. 27. Denied. This Honorable court does not lack subject matter jurisdiction over the allegations of the Complaint and is continuing to ask this Honorable Court to force Defendant to sign the lawful Agreement. 28. Denied. The Plaintiff is entitled to recover attorney fees and/or costs because Plaintiff has accumulated unnecessary attorney fees and/or costs because of needing to pursue legal action for this sales agreement with Defendant. 29. Denied. Defendant does not reserve the right to assert additional affirmative defenses as discovery warrants. ANSWERS TO NEW MATTER - GENERAL ALLEGATIONS 30. Denied. Defendant does not incorporate the foregoing as if fully set forth herein. 31. Admitted in part. Denied in Part. Plaintiff and Defendant did reside in the same home for 16 years, but the relationship was never solid due to many intimate relationships outside of the home with other partners on both ends. Proof the relationship has been failing for several years and the reason Defendant remained in the relationship was for the sake of her daughter as stated by Defendant. Proof to be provided at time of trial. 32. Denied. The refinancing was done to allow the mortgage payment to be lowered so they could find someone who could rent the home at a lower monthly payment since Plaintiff and Defendant's split in August, 2010. 33. Admitted in part. Denied in Part. It is admitted that Plaintiff did purchase a used truck. It is denied that the Plaintiff changed the locks on the house and locked the Defendant out of the premises. It is denied that the Plaintiff did anything to cause the Defendant emotional stress. Defendant was in an intimate relationship with another man who was living in York at the time of the split in August, 2010. Defendant then was involved in another intimate relationship with a man who lived out of state. It is alleged that any emotional stress or hostile environment the Defendant is claiming, was allegedly to have been brought on by Defendants own actions not the Plaintiff's. 34. Admitted. 35. Denied. Plaintiff did not have an intimate relationship with another woman until after he told the Defendant he no longer wanted to be with her. Proof to be provided at trial. 36. Denied. Defendant left the premises voluntarily after a two week vacation on Feb 18, 2011. Proof to be provided at the time of trial. 37. Denied. Defendant would not cooperate with the sale and Plaintiff was required to seek legal action. 38. Denied. All approvals for the sale to be done lawfully were retrieved by the Plaintiff and Defendant would continue to not cooperate with the sales agreement. Most times using vulgar language in text messages to the Plaintiff. 39. Admitted 40. Admitted. Plaintiff was married on November 19, 2011 and now resides at 1426 Market Street, Apt 4, Cramp Hill, PA 17011 with his wife, Elisa A. Howard. 41. Admitted. Mr. Page is a guest in the home of Plaintiff helping with payments until a sales agreement can be signed. Plaintiff was in a financial Hardship and was risking a foreclosure on the home. 42. Denied. Plaintiff still has personal property at the premises in Enola, PA. Bank of America did verbally agree to the Page family staying in the home. Stating the Plaintiff can have guests stay/live in the home at any time. 43. Denied. No agreement was signed by Defendant which would require notification in writing to the mortgage company. 44. Denied. No agreement was signed by Defendant, which would require the Plaintiff to notify the Mortgage Company in writing. 45. Denied.. Notification was not yet required. 46. Denied.. All requirements were met by Plaintiff to make the agreement a legal document. Defendant would not cooperate to get the documents signed. 47. Admitted. Plaintiff had to have a fire policy wrote up by State Farm Insurance due to a conflict of interest with Progressive Insurance. Progressive insurance refused to write the policy for the Plaintiff. (Agent at Progressive is Defendant's father). Proof to be provided at time of trial. 48. Denied. Plaintiff's residence was communicated to attorney as a future address. The Plaintiff did reside at 5404 Laurie Lane, Enola, PA 17025 at the time the complaint was filed with the courts. 49. Denied. Plaintiff and Defendant's relationship was ended in August, 2010. It was at this time the Defendant stopped contributing to the home to include but not limited to the purchase of groceries, personal items, electric, insurance, etc.. The joint account was near a zero balance and the account was closed in January, 2011 by the Plaintiff before his payroll checks started to be direct deposited into the account. 50. Denied. Defendant had several opportunities to cooperate with the gathering of required documents and the sales agreement before legal action was sought. 51. Denied. The Plaintiff has never asked the Defendant to sign anything illegal or agree to any unlawful conditions. WHEREFORE, Plaintiff asks the courts to enter an Order requiring the Defendant to enter into the proposed Installment Sales Agreement or alternatively, or require the property be sold and listed with an approved real estate agency at a six percent % commission. WHEREFORE, Plaintiff asks the courts to enter an order crediting the Plaintiff with all expenses associated with the Property, including, but not limited to, mortgage payments, real estate taxes, home owners Insurance, maintenance costs, utilities to maintain the home and keep it in a safe condition since on or about August 1, 2010 when Defendant stopped contributing to the home. WHEREFORE, Plaintiff asks the Courts to enter an Order reimbursing Plaintiff for the expenses associated with the property that he paid on the Defendant's behalf since August 1, 2010. WHEREFORE, Plaintiff asks the Courts to enter an Order reimbursing Plaintiff for any or all court costs/fees associated with this legal action. WHEREFORE, Plaintiff respectfully requests that all of the Defendant's claims be denied and dismissed, with costs to the Plaintiff for having to defend a frivolous suit. ANSWERS TO FIRST COUNTERCLAIM - CONSTRUCTIVE EVICTION 52. Denied. The Defendant does not hereby incorporate the foregoing as if fully set forth herein. 53. Denied. Defendant went on vacation for two weeks with another man and never returned to the home, but did leave her personal items in the home until July 29, 2011. Proof to be provided to the court at the time of the trial. Plaintiff never denied Defendant access to the home, defendant still has a key to the premises and her personal items remained in the home until July 29, 2011 until Defendant brought a UHAUL and moved them out voluntarily. 54. Denied.. The Defendant left the home voluntarily and was not a result of constructive eviction. Defendant did not sustain any damages as a result of this move. Proof to be provided at the time of trial 55. Denied.. Defendant kept her personal items in the home until July 29, 2011. This was almost 6 months from the time the defendant voluntarily moved out of the premises and into a home located in Mechanicsburg and changed her address. Defendant was never denied access to her personal items during this time. Defendant's personal items remained at the premises for 6 month after she voluntarily moved and changed her residence without paying any fee or mortgage for the home for storage of such items. Defendant rented the storage to store her items after she moved out of the premises on her own. Plaintiff is unaware of the amount. 56. Admitted. This is Defendant's daughter's car. Plaintiff agrees his name is on the loan, but testifies that the Defendant's daughter's biological father had agreed to make the payments. 57. Denied. The jeep the Defendant was driving up until the Plaintiff and Defendant split was the sole property of the Plaintiff. At no time was this vehicle given to the Plaintiff as a gift. The Plaintiff allowed the Defendant to use the jeep while they were in a relationship. The title remains in the Plaintiff's name. 58. Denied. Plaintiff does not have any knowledge of this claim. 59. Denied. Plaintiff does not have any knowledge of this claim. WHEREFORE, Plaintiff respectfully requests that the Defendant's Claims and Counterclaims - Constructive Eviction be dismissed due to the claim being false. Proof to be supplied to the Court at the time of the trial. WHEREFORE, Plaintiff respectfully requests that the Honorable Court dismiss the request awarding the Defendant damages in the amount in excess of $30,000.00, along with any costs or other relief due to the above claims being false. FIRST COUNTERCLAIM 60. Plaintiff hereby incorporates the forgoing as if fully set forth herein. 61. Defendant was not truthful in her statements in this claim. Defendant stated in Counterclaim that she was under constructive Eviction and this statement was in fact false. Defendant has stated in writing that she moved out voluntarily after a two week vacation. Defendant is countersuing due to this untruthfulness. Proof to be presented at time of trial. WHEREFORE, Plaintiff respectfully requests that the Defendant's false claims and false Counter claims- Constructive Eviction be charged with false statements in a Court document and made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Plaintiff asks that all claims made against him be dismissed due to the false statements. WHEREFORE, Plaintiff respectfully requests that the Defendant be charged with Slander and/or Defamation of Character. Defendant has posted on Facebook several false statements about Plaintiff, as well as made statements about the Plaintiff to others at public venues, which have led several family and friends to think badly of the Plaintiff. All statements regarding Plaintiff, stated by Defendant on Public Facebook and at public events are false statements. These statements have damaged Plaintiff's reputation. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order awarding him damages in an amount in excess of $50,000.00 due to Plaintiff making false statements to the court, slander and defamation of Plaintiff's character, causing Plaintiff a financial hardship to fight this frivolous suit and stress to him and his family, along with costs and any other relief that is just and proper. ANSWERS TO SECOND COUNTERCLAIM - FRAUDULENT MISREPRESENTATION 62. Plaintiff hereby incorporates the foregoing as is fully set forth herein. 63. Defendant failed to answer 60 & 61 in above first counterclaim. 64. #61 on Defendant's second counterclaim: Admitted in part. Denied in Part. It is admitted they lived in the same home with each other for 16 years. It is denied that they were "together" for the entire 16 years. 65. #62 on Defendant's second counterclaim: Denied. Plaintiff never romanced or induced the Defendant with false statements to encourage her to sign the refinancing agreement that is subject to this action. 66. #63 on Defendant's second counterclaim: Denied. The purpose of refinancing was not so the parties would have additional money each month to pay their bills. 67. #64 on Defendant's second counterclaim: Admitted in part. Denied in part. Plaintiff did not make material misrepresentations about the relationship. The Plaintiff did not purchase a new truck, he did however purchase a used truck. Plaintiff did have another relationship with another woman, but until after him and the Defendant split. Plaintiff did not change the locks nor did the plaintiff start to conduct to make living environment hostile, abusive or unlivable. Plaintiff slept most nights at his car shop when he did not have his son or he stayed with his Mother and Father after the split so the Plaintiff and Defendant did not have to interact at all. It was when the Plaintiff went to the home after work to shower and get clean clothes that the Defendant actually began to verbally and physically abuse the Defendant until he left the house. 68. #65 on Defendant's second counterclaim: Denied. Defendant was never constructively evicted from the residence. She left on her own will. 69. #66 on Defendant's second counterclaim: Denied. Plaintiff did not make false statements in his complaint. Plaintiff did not do anything in an attempt to obtain additional money from the defendant. 70. #67 on Defendant's second counterclaim: Denied. Plaintiff did not intentionally fail to properly verify his complaint nor did he attempt to defraud the Defendant in any way. 71. #68 on Defendant's second counterclaim: Denied. The fire policy was got from State Farm when Progressive failed to produce one for the Plaintiff. The current fire policy is dated before the policy with Progressive was canceled. 72. #69 on Defendant's second counterclaim: Denied. Plaintiff did not defraud the Defendant in any way nor did he force her to pay for expenses she is not legally responsible for. 73. #70 on Defendant's second counterclaim: Denied. Plaintiff did not make material misrepresentations or fraudulent actions to the defendant. Plaintiff does not have any information or knowledge about any emotional distress, financial distress. Defendant is currently living with her mother according to the address listed as her residence in this claim, and is not homeless to the best of the Plaintiffs knowledge. Plaintiff would require strict proof of these claims at trial. 74. #71 on Defendant's second counterclaim: Denied. Plaintiff does not have any knowledge of this claim. 75. #72 on Defendant's second counterclaim: Denied. Plaintiff did not deceive the Defendant in any way. 76. #73 on Defendant's second counterclaim: Denied. Plaintiff never made any material misrepresentations to the defendant. Plaintiff did not set himself up financially. Plaintiff makes truck payments for the more reliable used truck he purchased to drive to work and his family and his wife's family paid for their wedding. 77. #74 on Defendant's second counterclaim: Plaintiff does not have any information, knowledge or evidence of any emotional injury, financial injury or injury to Defendant's reputation. 78. #75 on Defendant's second counterclaim: Denied. Defendant's claims are false and should not be awarded damages for actual costs and future costs. WHEREFORE, Plaintiff asks the Courts to render a default judgment against the defendant for failing to answer Plaintiff's question #60 regarding Defendant was not truthful in her statements in this claim. Defendant stated in Counterclaim that she was under constructive Eviction and this statement is false. Defendant has stated in writing that she moved out voluntarily after a two week vacation. Defendant is countersuing due to this untruthfulness. New Matter-Second Counterclaims 79. Plaintiff hereby incorporates the foregoing as is fully set forth herein. 80. Plaintiff has amended the Sales Agreement. (See Exhibit 81. Plaintiff hasefteeheftroof of State Farm Policy, which was purchased before the other policy from Progressive was canceled. This policy protects both parties interests for a monthly amount lower than the original policy*eamw -=- .- a2 '- A- 82. See original Exhibit B (attached) "Mortgage", the date of refinancing as dated Dec 1, 2010. See Page 4 of 9 paragraph 5 for occupancy: As stated in agreement: "Owner must occupy the property as the primary residence for at least one year" after the date of this agreement, "Unless Lender determines that requirement will cause undue hardship for borrower etc." The one year occupancy clause is no longer effective and should be dismissed. It is currently December 15th, 2011 and is more than one year from date of refinancing. Plaintiff has met this requirement and does not violate the terms of the underlying mortgage. Plaintiff was also in a financial hardship at the time he called to notify the lender and the Page family moved in to help with costs on August 1, 2011. WHEREFORE, Plaintiff asks the courts to enter an Order requiring the Defendant to enter into the proposed Installment Sales Agreement or alternatively, or require the property be sold and listed with an approved real estate agency at a six percent % commission. WHEREFORE, Plaintiff asks the courts to enter an order crediting the Plaintiff with all expenses associated with the Property, including, but not limited to, mortgage payments, real estate taxes, maintenance costs, utilities to maintain the home and keep it in a safe condition since on or about August 1, 2010 when Defendant stopped contributing to the home. WHEREFORE, Plaintiff asks the Courts to enter an Order reimbursing Plaintiff for the expenses associated with the property that he paid on the Defendant's behalf since August 1, 2010. WHEREFORE, Plaintiff asks the Courts to enter an Order reimbursing Plaintiff for any or all court costs/fees associated with this legal action. WHEREFORE, Plaintiff respectfully requests that all of the Defendant's claims be denied and dismissed, with costs to the Plaintiff for having to defend a frivolous suit. WHEREFORE, Plaintiff asks the Courts to enter an Order requiring Plaintiff to pay for half of all legal and binding contracts that she is entered into with the Plaintiff including maintenance, utilities and upkeep expenses for the residence as well as the current State Farm Fire Policy in the amount of $ per month in 12 installments to the Agency listed on the policy until the home is sold. WHEREFORE, Plaintiff respectfully requests that the Honorable Court dismiss the request awarding the Defendant damages in the amount in excess of $30,000.00, along with any costs or other relief due to the above claims being false. WHEREFORE, Plaintiff respectfully requests that the Honorable Court ask for a discovery of the Defendant for any and all documents showing all medical visits, tests, medication, treatment given, and all clinical notes from visits with a licensed physician from July 2010 until December 2011 due to the Defendant's claim of emotional stress and injury. Respectfully submitted, Illy Robert C. Howard DATED: 12/30/2011 I, ROBERT C. HOWARD, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: ),?-? ?d l BY: ?Robert C. Howard Certificate of Service: I hereby certify that a true and correct copy was served on Defendant, via first Class Mail as is provided. Deanna Lynn Saracco Attorney 76 Greenmont Drive Enola, PA 17025 Dated: 12/30/2011 By: Robert C. Howard December 19, 2011 Deanna L, Saracco Attorney and Counselor 76 Greenmont Drive Enola, PA 17025 Re: Howard v. Schulkins Dear Ms. Saracco: I am in receipt of your letter dated December 15, 2011. 1 have taken the time to read and consider your "olive branch". I also have prepared my answers to your filings and will respond accordingly to the courts within (10) ten days if we are unable to resolve this matter amicably. Before I discuss the "potential resolution" to this matter l would like to point out a few facts: • Ms. Schulkins is under a contract with me that is legally binding with Bank of America for $199,900 + interest owed in monthly installments of $1355.00 per month, which makes her legally responsible for $677.50 per month. • Ms. Schulkin's name is on the Deed for the residence in Enola, Pa., which makes her legally responsible to half of all real estate, school taxes, upkeep of utilities to maintain the home in a safe condition, maintenance and all repairs needed to keep the home safe from weather or other damages. • Currently, Ms. Schulkins is in breach of these contracts as she has not been contributing to the above contracts as required by law. I have been paying for all of the above contracts on her behalf. This has protected my interest as well as Ms. Schulkins. • Ms. Schulkins was involved with another man and went on a two week vacation on February 18`h and never returned to the home at 5404 Laurie Lane; Enola, Pa. Ms. Schulkins legally changed her address and relocated to an unknown location, abandoning all of her legally obligated contracts including but not limited to mortgage, taxes, utilities needed to keep the pipes from freezing (oil), water/sewage, any and all taxes for the property as well as all her personal items in the home for over 5 months. This could be considered abandonment, constituting grounds for possession of all abandoned personal items, which may also be a factor in the property division and the sales agreement. • Ms. Schulkins and I discussed the contract by phone before a sales agreement was drawn up and Ms. Schulkins verbally agreed to me that she would in fact sign the agreement to get out from under the house. Ms. Schulkin's asked me to put the contract in the mailbox where she would pick up the contract to sign and return it to me the next day. This is how Ms. Schulkins was informed of, was aware of, and agreed to the date that the Page family would be moving into the home. On July 29`h Ms. Schulkins, along with other members of her family went to the residence at 5404 Laurie Lane, Enola, Pa on her own will with a UHAUL and moved her personal items from the home. She also came back to the home a few other times this same week with her father to remove more items from the home. • 1 did communicate to Ms. Schulkins in regards to the pending sales agreement with the Page family. Ms. Schulkins verbally agreed to sign the agreement, relocated and legally changed her address, stopped making any contributions to the home, packed up her belongings and removed them from the home prior to the original date the Page family was to move into the home. According to the Uniform Commercial Code (UCC), because the offer invites acceptance by performance, when Ms. Schulkins verbally agreed to sign the agreement with me and I communicated to the Page family her promise to move out and sign the agreement, then Ms. Schulkins voluntarily packed up her personal belongings and moved them from the home to make room for the Page family to move into the residence, it was an implied acceptance of the agreement. • Ms. Schulkins does have a right of possession of the property if she wishes, but she must be willing to refinance the home, thus removing my name from the mortgage and deed. • If Ms. Schulkins evicts the Page family from the home and Ms. Schulkins and I are required to start making the monthly mortgage payments again, this would create a financial hardship for me and I would then file for bankruptcy and remove my name from all loans, deeds or any item(s) associated with Ms. Schulkins. As you also indicated in your letter, if this is necessary, it will not be in the best interest of any of the parties involved. • According to your statement relating to the bank records. This statement is false. I have never contacted the bank to relate I would be "getting a divorce", as Ms. Schulkins and I were not married. I simply stated to the bank that Ms. Schulkins and I were splitting up and I wanted to attempt to refinance the home in my name because I knew she was not able to afford the home on her income. How the bank interpreted this communication is unknown to me. Now, in an attempt to try to resolve this matter amicably: 1. 1 have attached a revised sales agreement for your review. This sales agreement was an agreement used in a lease to purchase for my wife's home that she recently sold. The terms of the agreement are all lawful to the best of my knowledge. Please feel free to add or delete as you see fit and proper and I will review your changes to make sure the interests for all parties involved are protected by your changes before agreeing to the document. 2. 1 have contacted State Farm to provide me with a copy of the new fire policy. The policy premium is less than the previous policy held through Progressive and protects both Ms. Schuklins and my interests in the residence in case of a fire or other damage that occurs to the home while we own the home. The Page family holds renters insurance to protect their personal items inside the home. The policy was paid in full by myself on Oct 7, 2011 (before the policy was canceled at Progressive) and is good until Oct 7, 2012. The premium was for a total of $428.00 annually, of which $214.00 is legally owed by Ms. Schulkins to State Farm at the address listed on the policy, which I will forward to you as soon as I receive a copy from the Agent. If Ms. Schulkins wishes to have more information about the above policy, she may contact Adam at (717) 545-4400. 3. In reference to the Occupancy clause listed on the Mortgage contract. This clause is no longer valid and should not be considered when considering the sales agreement. The refinancing was signed for on Dec 1, 2010 and the 1 year occupancy clause is no longer valid. 4. If Ms. Schulkins still wishes to have a letter of agreement from the mortgage company for the lease to purchase agreement, her name is listed as an owner on the mortgage and is legally entitled to retrieve this information from the bank if needed. Please consider this a big attempt to resolve this matter amicably and outside of the court room. If Ms. Schulkins will work with me to get the sales agreement signed in the next ten (10) days, be willing to take on her half of the monthly or annual obligations that she is legally required to make, including but not limited to any mortgage payments, all taxes owed, insurance or any upkeep needed for the home to keep it in a safe condition if necessary in case for any unknown reason the Page family is unable to remain in the home, I will dismiss my previous claim and court filings asking for half of all above payments since on or about August 2010 until present and will not require Ms. Schulkins to pay any back payments owed to me. I will however ask the courts to make her responsible for the above payments effective January 1, 2012 if it would become necessary until the home is sold. Please respond to me either by phone at (717) 729-4446 or by responding to my letter by December 30, 2011. If I do not hear from you by December 30th I will continue with my filings to the court. Sincerely, Robert C. Howard 1426 Market Street, Apt 4 Camp Hill, PA 17011 (717)729-4446 ROBERT C. HOWARD, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. C= C_=11 t -' SHERRY L. SCHULKINS T , DEFENDANT NO. 11-7450 CIVIL t 1 _Url -<> IN RE: NON-JURY TRIAL . ss 3 c ORDER OF COURT vC r?-i ,.. CD AND NOW, this 5th day of January, 2012, the non-jury trial in the above referenced case has been assigned to this Court. Prior to setting an actual trial date, IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file a pre-trial memorandum with the Court on or before February 20, 2012, in the following format: 1. A concise statement of factual issues to be decided at trial. Il. A list of witnesses the party intends to call at trial along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at trial. IV. A statement of any legal issues each party anticipates being raised at trial along with copies of any cases which may be relevant to resolution of the stated issue. V. An estimate of the anticipated time needed for the party to present its case. Upon receipt and review of these memorandums, the Court will set a trial date for this case. Robert C. Howard, Pro Se Plaintiff 1426 Market Street, Apt. 4 Camp Hill, PA 17011 M. L. Ebert, Jr., By the Court, Deanna Lynn Saracco, Esquire Attorney for Defendant 76 Greenmont Drive Enola, PA 17025 ? J??l>a bas Oop i e? ma Jed ?l??J COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ?-, ROBERT C. HOWARD, Plaintiff, V. SHERRY L. SCHULKINS, Defendant. -p3 rn?' rn Civil Action Number 2011-7 f F JURY TRIAL DEMANDED r.<- c C,I .? Q STIPULATION BY THE PARTIES TO STAY THE PROCEEDINGS 0 s. x -_j w rn-n 'am :?O= CD -+c C3 -n C-3 The undersigned, Robert C. Howard, pro se Plaintiff, and Deanna Lynn Saracco, attorney for Defendant, hereby Stipulate to Stay the Proceedings and hold the case in abeyance, pending negotiations that would resolve this matter. The Parties discussed several courses of action that would satisfactorily end this case. This Stay shall be effective immediately and will last for a period of three months from the date this Stay was filed; at the end of three months, if negotiations fail to provide a resolution, the Parties shall continue with the case. Respectfully submitted, Ro ert C. Howard, Plaintiff Respectfully submitted, -- A?L4-0??? D na Lynn Saracco Attorney for Defendant Dated: i 13 Dated: /1,3 I ?2 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C. HOWARD, Plaintiff, V. SHERRY L. SCHULKINS, Defendant. cv Civil Action Number 2011-74m JURY TRIAL DEMANDED f?- A STIPULATION BY THE PARTIES TO DISMISS THE CASE WITH PREJUDICE -n Cn rn- r- ?v The undersigned, Robert C. Howard, pro se Plaintiff, and Deanna Lynn Saracco, attorney for Defendant, hereby Stipulate to Dismiss the above captioned case, with prejudice. Defendant filed bankruptcy and included Plaintiff's claims in her petition. Defendant also opted to dismiss her counterclaims against Plaintiff. As such, this case is hereby Dismissed with Prejudice and the Docket may be marked CLOSED. Respectfully submitted, Robert C. Howard, Plaintiff Dated: a I / oI, Respectfully submitted, Deanna Lynn Saracco Attorney for Defendant Dated: oz/ I ) I.;I- ROBERT C. HOWARD, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERRY L. SCHULKINS, DEFENDANT NO. 11-7450 CIVIL ORDER OF COURT AND NOW, this 10th day of February, 2012, upon consideration of the Stipulation by the parties to Dismiss the Case with Prejudice; IT IS HEREBY ORDERED AND DIRECTED that this case is hereby dismissed with prejudice and is hereby considered closed. /Robert C. Howard, Pro Se Plaintiff 1426 Market Street, Apt. 4 Camp Hill, PA 17011 ? Deanna Lynn Saracco, Esquire Attorney for Defendant 76 Greenmont Drive Enola, PA 17025 bas 00P,'°5 M , fed ?)113119 Ir-*'" By the Court, ? 1 V r ? r-n V M. L. Ebert, Jr., J. s? , - -