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HomeMy WebLinkAbout07-15-11`' w f'r'i~/' ~~. ~, , . C~ ry - ~ .. David H. Stone, Esquire Stone, LaFaver & Shekletski r ~ fir'" r 414 Bridge Street ~~' 'c' New Cumberland, PA 17070 ~-~ ~ i 717-774-7435 www.stonelaw.net THE MATTER OF JANETTE NEELY IN THE COURT OF COMMON PLEAS AN ADJUDICATED CUMBERLAND COUNTY, PENNSYLVANIA INCAPACITATED INDIVIDUAL ORPHANS COURT DIVISION NO. 21-08-0032 PETITION TO SELL REAL ESTATE TO THE HONORABLE EDGAR B. BAYLEY: AND NOW, this day of 2011 comer the guardian, Constance E. Stoneroad, of Keystone Guardianship Services, of the above-captioned incapacitated individual, by and through. counsel, David H. Stone of Stone LaFaver & Shekletski and petitions as follows: 1. Keystone Guardianship Services was appointed Guardian for Janette Neely, an alleged incapacitated person by the Cumberland Country Orphan's Court by Order dated March 5thJ2008. A copy of Order attached hereto as Exhibit "1". 2. Janette Neely is presently a resident of the skilled care unit of Courtyard Gardens Nursing and Rehab Center lac<~ted at 999 West Harrisburg Pike, Middletown, Dauphin County Pennsylvania 17057. Pa qe 1 o f 4 Pa qe s Estate _ Janette Neely An Incapacitated Person 3. Janette Neely is the sole owner of a piece of real estate known as 59 North East Street, Borough of Carlisle, Cumberland County, Pennsylvania (Parcel No 02-0328-298). 4. Said Real Estate was appraised by Diversified Appraisal Services, 35 East High Street, Suite 101, Carlisle, Pa 17013 for $173,000.00. A copy of the appraisal is attached hereto as Exhibit "2". 5. Said Real Estate is assessed at 165,950 X 1.22 bringing the assessed value of the real estate to $202,459.00. 6. Said property is in need of various repairs. 7. The personal property was sold at a public sale on 3/16/2009. A copy of the detailed sale register from Elmer Murry Auctions is attached hereto as Exhibit "3". 8. The remaining clutter was removed from the house, porch, yard and out buildings 9. The Guardian has tried to sell the aforementioned real estate as follows: A. Privately to Betty and Jerry Schlusser, however they withdrew their offer of $172,500.00 B. Listing it for sale with A+ Realty Service, Jody Bitner, 1481 Newville Road, Carlisle, PA 17015 at the appraised value of $173, 000.00 "AS IS". No offer in the amount needed to satisfy the outstanding debt was received. The only offer was made on April 30, 2009 in the amount of $90,000.00. Dale Ketner, Esquire was advised by the mortgage holder that a short sale must clear within 100 of the appraised value for the k~ank to accept the offer or the difference must be made up in cash. There was not sufficient cash to make up the difference. Page 2 of 4 Pages Estate Janette Neely An Incapacitated Person 10. Financial Freedom SFC, by and through their attorneys, McCabe, Weisberg and Conway, P.C. filed a Civil Action/Mortgage Foreclosure against Janette Neely in the Cumberland Country Court of Common Pleas on August 12, 2009. 11. The subject of the foreclosure action in averment ten above is a mortgage secured by property known as 59 North East Street, Carlisle, Pennsylvania, 17013. A copy of the Civil Action/Mortgage Foreclosure document is attached hereto as Exhibit "4". 12. Keystone Guardianship Services filed an Answer to the Civil Action/Mortgage Foreclosure averring that the mortgage is void in that the mortgagor, Janette Neely, lacked capac:it.y to contract at the time of its execution. See copy of the Answer to the Civil Action/Mortgage Foreclosure attached hereto as Exhibit ~~ 5 ~~ . 13. Neither Financial Freedom SFC nor Keystone Guardianship Services NPC acting as plenary guardian of the person and ~~~>tate of Janette Neely wishes to engage in lengthy litigation regarding the validity of the mortgage which is the subjE~ct of the foreclosure action. 14. Wherefore, Financial Freedom SFC and Keystone Guardianship Services NPC act collectively in seeking court approval for execution by Keystone Guardianship Services NPC of a Deed in Lieu of Foreclosure in favor of Financial Freedom SFC for the property at 59 North East Street, Carlisle, Pennsyl~~~ania 17013. A copy of the Affidavit of Consent of Financial Freedom SFC is attached hereto as Exhibit "6". Page 3 o f 4 Page s Estate Janette Neely An Incapacitated Person WHEREFORE, the aforementioned guardian respectfully requests this Honorable Court enter an Order directing the execution of a Deed in Lieu of Foreclosure in favor of Financial Freedom SFC for the property at 59 North East Street, Carlisle, Pennsylvania 17013. Date : t a~-~~ Respectfully Submitted: 4 t \~ David H. done, Esquire Stone, LaFaver & Shekletski ID 39785 414 Bridge Street New Cumberland, PA 17070 717-774-7435 Page 4 of 4 Pages ORDER OF COURT ,-- AND NOW, this ~ _____day of March, 2008, following a hearing, IT IS ORDERED: (1) Janette Neely is adjudicated an incapacitated person in need of a plenary guardian of her person and plenary guardian of her estate. (2) Keystone Guardianship Services NPC is appointed plenary guardian of the person of Janette Neely and plenary guardian of the estate of Janette Neely. (3) Keystone Guardianship Services NPC shall be paid for its services in accordance with its regular fee schedule. (4) As guardian of the estate of Janette Neely, (1) Keystone Guardianship Services NPC, may, without prior court approval, invade principal as necessary for payment of expenses and debts, and (2) is authorized to enter into listing contracts for the sale of real estate; however, court approval shall be required prior to signings of any contract of sale. (5) No party other than the guardian of the person shall have the right to remove the incapacitated person from her residence a# Arden Court, Harrisburg, Pennsylvania, and no other party shall interfere with her care or otherwise disturb her peace and tranquility. To ensure the security and well being of the incapacitated person, representatives of Arden Court shall have the authority to use their discretion which may include restriction of visits or other contact with the incapacitated person. (6} Keystone Guardianship Services NPC shall comply with the reporting requirements set forth in 20 Pa.C.S.A. Section 5521(c). ,~.~ul~/1 ~ ~l_ Anthony L. DeLuca, Esquire For the Area Agency on Aging Roger Morgenthal, Esquire For Janette Neely :sal By the Cou • , ,~ Edg ~. Bayley, J. r . _ • i N RL: JANETTE PIEELY ; sN THE couRT OF coMMON PLEAS OF • • : CUMBERi.ANQ COUNTY, PFN1VSYi.VANIA • ' : z~-os-oo3z o1~wA~ls! cauRr aiz~i~~ of couRr . AND NOW, this ay of March, 2008, this oour# having thin dat® • appointed K®yagon®4uardlanship ServIc®s NPC as plenary guardfian of tha per+aon and pl®nery guandlan of th® estate of Jan®tte Neely, the order entered on January 1 d, 2~Q8, . appointed Cumberland County Aging and Community s®rvicas as emergency plenary guardian of the pes~son end emergency plenary of the aetai~ of •Janette Neely, is VACATES aS of '1'!•ItS DATE. gy the C , . . . ' Edgar B. $ayl®y, J. . • Anthony L. D~tuca, Eaquir® ~ • For the Area Agency on Aging . !,, Roger Morgenthal, Eaqutne . i= or Janst#® Neefy • • :sal . ~ • • .. ~ ~~ "..C ~ i~ it ~~ M • ~ ~ ~j ~ « t'y~ • • ~ ~`.~ • •~ ~ ti. • ~C • • I • A'TRU~ Copy FROM REt~R©• .. , .. } .. ~ ~ ~..~ ~ In Tedtlm4ny vdhsrot, l hat~eurrm•,w •"~~, , ~ ~ . ~"''~:'~ eat my hand and thm Beal . ' of Sala Court a! Cfo" WA . }.. ' • { k •. T •. !.~' ,°f • Cork ~ ~~ ~~;. . • .. •• ., • APPRAISAL OF REAL PROPERTY LOCATED AT: 59 N. East Street Deed Book 34T Page 228 Cartlsle, PA 17013 FOR: Keystone Guardianship Services 129 Market Street, Ste A, Millersburg, PA 17061 AS OF: April 17, 2008 BY: Krista L. Garrick State Certified Residential Appraiser The intended user of the report is Keystone Guardianship Services The intended use is to be for valuation purposes only. Summary Appraisal Format Form GA1-'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE ~ru--~~~ ~`i ~a n r>~~ t-11Ma~ Diversified Appraisal Services uGSattyj)~ ~I~aerwr~ter uuant~tative Anal sis A sisal Re ort y pP P File No 052708N S SUMMARY, APi'RAISAL REPORT IS INTENDED FOR USE BY THE LENDER/CLIENT FOR A MORT8A6E FINANCE TRANSACTION ONLY. Yom Addre:,s 59 N. East Street City Carlisle egal Descriptic~n_ Deed Book 34T Paste 228 State PA ZID Code 1'1013 ~ssessor's Parce No_J2 21-0318 298 Countv Cumberland __ Tax Year 2008 R.F Taxes c s nag sz c.....1.~ .________~ • w1,A vvlmvnnrnuin nUH MQ. a es rice N/A Date of Sale N/A Description / S amount of ban charges/concessions to be Daid by seller N/A _ Pro ri hts a raised IXI Fee Simole n I ~~pnnw -1 ~~,,, oeF....,....,. ~, n„ o Census Tract 0121 00 - ~ IaV I1GI GI GIILG G 1-VJ 10 Location [_] Urban Suburban ^ Rural Property values ®Increasing ^ Stable ^ Declining Sinpletamtlyhouetny Condominlumhouein . Built up [ __ ]Over 75% ®25-7596 ^ Under 25% Demand/supply ^ Shortage ®In balance ^ Over supply ~I~~ ~~ j a~~OJ~t aPpiic.) ~rE) Growth rate ~ Ra id Stable Slow Marketi time Under 3 mos. 3-6 mos. Over 6 mos. 40 Low New 1 Low Neighborhood boundaries The sub'ect roe is located in Carlisle Boro h. The sub'ect nei hborhood is 400 Hi h 225 Hi h bordered b PA Turn Ike Rte 34 Interstate 81 and Rte 465. Predominant Predominant 125 100 _ Dimensions Irregular Site area .36 acre Shape Irregular Specific zorrng classification and description Residential --- Zoning compliance ®Legal ^ Legal nonconforming (Grandfattlered use) ^ Illegal, attach description ^ No zoning _ Highest and best use of sutyect property as improved (or as proposed per plans and specrfications): ®present use ^ Other use, attach description. UtNitles Public Other Public Other Off-alts ImprovemeMe Type Public Private Electricity ~ Water ® Street Macadam Gas Sanita sewer ® ~-~ Alle None ~ Are there a a scent adverse site conditions easements encroachments s cial assessments slide areas etc. ? Yes No If Yes attach descri Rion. Source(s) used for physical characteristics of property: Interior and exterior inspection Exterior inspection from street Previous appraisal files ML A sment and t rd Prior in ion Pr ow r ther scri No. of Stories 2.5 T Det Att. Det Exterior Walls Stone Roof Surface Metal Manufactured Housi Yes No eneral of rm t the nei hbortl in rm f I nditi n and co tructi n mat ' I ~ Y No n N tta h d ri ion. _ Are there any apparent physical deficiencies or conditions that would affect the soundness or structural integrity of the improvements or the livability of the property? Yes No fl Yes attach descri lion. Are there any apparent adverse environmental conditions (hazardous wastes, toxic substances, etc.) present in the improvements, on the site, or in the immediate vicinity of the subject property? ^ Yes ®No It Yes, attach description. I researched the subject market area for comparable listings and sales that are the most similar and pro>amate to the subject property. ` My research revealed a total of 4 sales ranging in sales price from S_ 140.000 to S 240,000 My research revealed a total of 1 kstings ranging in list price from S __ 140,000 to S 220.000 The ana sis of the com arable sales bebw reflects market reaction to si nificant variations between the sales and the subject roe FEATURE SUBJECT SALE 1 SALE 2 SALE 3 _ 59 N. East Street 155 W. Loather Street 162 W. Loather Street 14 S. East Street A Carlisle Carlisle Carlisle Carlisle _ Pr 'm ub' t '~ 0.41 miles 0.42 miles 0.12 miles ~ ~ _ ~_ ,.. 185 000 .:. 179 900. 140 000 Pri s ivi Ar ~ 48.43 ~ 55.73 ~ 48.71 ~ ' •:, : Data b Verifica0on Sources :::. .~` Courthouse/MLS Courthouse/MLS Courthouse/MLS VALUE ADJUSTMENTS DESCRIP110N DESCRIPTION + - S A "ust DESCRIPTION + - S Ad'ust DESCRIPTION ~• - S Ad'ust. Sales or Fnancing ~ , - ~ ~ , Conventional Conventional Conventional Concessions None Known None Known None known i i 11 /29/ Location Averse 06 S i 8/2/06 12/29/06 u er or -18500 Su rior -18000 Similar _ Yew .36 acre Avers a .12 acre Averse +9 600 .17 acre +7 600 .10 acre _ ±10 400 i I 2 5 sto /3 Unit 3 St Averse Aver e . o /4 Unit 2.5 Sto /4 Unit 2 sto /3 Unit Actual A e rs. " 140 acs 146 acs 96 ears 106 ~ nd n Above Grade Stone/Averse Total ~Bdrms~ Baths Brick/Similar Total ~Bdrms~ B th ~ Brick/Similar ~ ~ acs Alum VnUSimilar _ +10000 Room Count 15 ~ 5 ~ 3 5 a s 16 ~ 8 ~ 4 ~ Total Bdrms Baths ~ Total ~Bdrms~ Baths Gross Livi Area . 3 664 $ . Ft. 3 820 S . Ft. ~ -1,500 -2 300 14 ~ 5 ~ 4 3 228 S Ft ~ +500 13 ~ 7 ~ 3.5 ~ ~ +2,000 Basement b finished Full basement Part basement . . Futl basement +6 500 2 874 S . Ft. +11 900 Rooms Bebw Grade Unfinished Unfinished Unfinished Full basement a orf None 1 Unfinished -car ara a -2 000 3-car ara a -6 000 None _ Porch/PatioBa~ Porch +2 000 2 Pches/Ba~on Porch _ ' 1 Fire lace ~ None +1 000 None +1 000 None _*2 000 Net Ad . total ` ° - ~ + - ; 11 700 + - ; 8 400 + ~ - r1 000 _ Adjusted Sales Price of Comparables „ ~ y ~~ ~ ~ :Net 4.l >96 8 9b , _37 300 f I - `° 8/30/90 ~~ No rior sale listed 173 300 ~• ~: 1/10/06 171 500 ~ . ; 177 300 Price of Prior ale 1 9/15/98 _ Analysis of an current a re t f l 179 900 o00 y g emen o sa e, option, or Usting of the subject property and analysis of the prior sales of subject an d comparabl es:No sale has tak l he subiect propert y within the past three Years No sales have taken place on the comparables in the past 12 m en p ace on onths Summary of sales comparison and value conclusion. The Sales Compariso _ n approach is the best vas not considere d since this is not new constructio Th anoroach for t his tune of aronertv The Cost a-pp roach n. e income a roach is considered to be unreliable due to the fact char r;Rr~ ~nol_ sLe .........a.... _°~____ ._____.._ .. .,,,- Tltis appraisal is made ®"as-is", ^ subject to completion per plans and specifications on the basis of a hypothetical condition that the improvements have been completed, or ^ subject to the foibwing repairs, alterations or conditions BASED ON AN ^ EXTERIOR INSPECTION FROM THE STREET OR AN ®INTERIOR AND EXTERIOR INSPECT10N,1 ESTIMATE THE MARKET VALUE, AS DEFlNED, OF THI' REAL PROPERTY THAT LS THE SUBJECT OF TNIS REPORT TO BE S 173,000 , AS OF April 17, 2008 onr_r , nr e ' "~~ ~ ~' ~ I-annie Mae Form 2055 9-96 Form 205 - "TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE Desktop Underwriter Quantitative Analysis Appraisal Report File No. o52~ot Project Information for PUDs (tl applicable) - - Is the devebper/builder in control of the Home Owners' Association (HOA)? ^ Yes ^ No Provide the folbwing information for PUDs onlyrf the devebper/builder is in control of the HOA and the subject property is an attached dwe~ing unit: Total number of phases Total number of units Total number of units sold Total number of units rented Total rwmber of units for sale Data Source(s) - Was the project created by the cornersion of existing buildings into a PUD? ^ Yes ^ No lt yes, date of conversion: Does the project contain any multi-dwelling units? ^ Yes ^ No Data Source: Are the common elements completed? ^ Yes ^ No tf No, describe status of completion: Are any common elements leased to or by the Home Owners' Association? ^ Yes ^ No If yes, attach addendum describing rental terms and options. Describe common elements and recreational facilities: Project Information for Condominiums (If applicable) - - Is the developer/builder in control of the Home Owners' Association (HOA)? ^ Yes ^ No __ Provide the folbwing information for all Condominium Projects: Total number of phases Total number of units Total number of units sold _ Total number of units rented Total number of units for sale Data Source(s) _ Was the project created by the cornersion of existing buildings into a condomir>ium? ^ Yes ^ No tl yes, date of conversion: _ Project Type: ^ Primary Residence ^ Second Home or Recreational ^ Row or Townhouse ^ Garden ^ Midrise ^ Highrise ^ Condition of the project, quakty of construction, unit mix, etc.: Are the common elements completed? ^ Yes ^ No If No, describe status of completion: -- Are any common elements leased to or by the Home Owners' Association? ^ Yes ^ No If yes, attach addendum describing rental terms and options. Describe common elements and recreational faciities: PURPOSE OF APPRAISAL: The purpose of this appraisal is to estimate the market value of the real property that is the subject of this report based ~on a quantitative sales comparison analysis for use in a mortgage finance transaction. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit In this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are rypicaly motivated; (2) both parties are well informed or well advised, and eactr acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. * Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily Identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but they dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of lt being under responsible ownership. 2. The appraiser has provided any required sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of Its size. 3. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 4. The appraiser has noted in the appraisal report any adverse conditions (such as, but not limited to, needed repairs, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in pertomting the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such condltion~s and makes no guarantees or warranties, expressed or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 5. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she consider;; to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were fumistied iby other parties. 6. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Pr;~ctice. 7. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the report to data collection or reporting service(s) without having to obtain ttie appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can tie conveyed by anyone to the public through advertising, public relations, news, sales, or other media. 8. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to completion per plans and specifications on on the basis of a hypothetical condition that the improvements have been completed. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner, PAGE 2 OF 3 Fannie Mae Forme 2055 9-96 Form 205 - "TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE Desktop Underwriter Quantitative Analysis Appraisal Report F~~. APPRAISER'S CERTIFlCATION: The Appraiser certifies and agrees that: 1. I performed this appraisal by (1) personally inspecting from the street the subject property and neighbofiood and each of the comparable sales (unless I have otherwise indicated in this report that I also inspected the interior of the subject property); (2) collecting, confirming, and analyzing data from reliable public and/or private sources; and (3) reporting the results of my inspection and analysis in this summary appraisal report. I further certify that I have adequate information about the physical characteristics of the subject property and the comparable sales to develop this appraisal. 2. I have researched and analyzed the comparable sales and offerings/listings in the subject market area and have reported the comparable sales in this report that are the best available for the subject property. I further certify that adequate comparable market data exists in the general market area to develop a reliable sales comparison analysis for the subject property. 3. I have taken into consideration the factors that have an impact on value in my development of the estimate of market: value in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvernents, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware, have considered these adverse conditions in my analysis of the property value to the extent that 1 had market evidence to support them, and have commented about the effect of the adverse conditions on the marketability of the subject property. I have not knowingly withheld any significant information from ther appraisal report and I believe, to the best of my knowledge, that all statements and Information in the appraisal report are true and correct. 4. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 5. I have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the partlcipants in the transactlon. I did not base, either partially or completely, my analysis 2rnd/or the estimate of market value in the appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or natlonal origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties fn the vicinity of the subject property or on any other basis prohibited by law. 6. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 7. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estlmate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 8. I estimated the market value of the real property that is the subject of this report based on the sales comparison approach to value. I further certify that I considered the cost and income approaches to value, but, through mutual agreement with the client, did not develop their, unless I have noted otherwise in this report. 9. I performed this appraisal as a limited appraisal, subject to the Departure Provision of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of the appraisal (unless I have otherwise indicated in this report that the appraisal is a complete appraisal, in which case, the Departure Provision does not apply). 10. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of marM;et walue. The exposure time associated with the estlmate of market value for the subject property is consistent with the marketing tlrne noted in the Neighborhood section of this report. The marketing period concluded for the subject property at the estimated market value is also consistent with the marketing time noted in the Neighbofiood section. 11. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. I further certify that no one provided significant professional assistance to me in the development of this appraisal. SUPERVISORY APPRAISER'S CERTIFlCATION: tl a supeMsory appraiser signed the appraisal report, he or she certifies and agnaes that: I directly supervise the appraiser who prepared the appraisal report, have examined the appraisal report for compliance with the Uniform Standards of Professional Appraisal Practce, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 5 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. APPRAISER: SUPERVISORY APPRAISER (ONLY IF REQUIRED)' Signature: ~F~+aco~ Signature: Name: Krista L. Garrick Name: - Company Name: piversified Appraisal Services Company Name: r Company Address: 35 E. High Street. Suite 101 _ Company Address: Carlisle, PA 17013 - Date of Report/Signature: May 28.2008 i Date of Report/Slgnature: State Cert fication #: RL-003233-L _ State Certification #: or State License #: or State License #: - State: PA State: Expiration Date of Certification or License: June 30, 2009 _ Expiration Date of Certification or License: ADDRESS OF PROPERTY APPRAISED: 59 N. East Street Carlisle. PA 17013 APPRAISED VALUE OF SUBJECT PROPERTY S 173,000 EFFECTIVE DATE OF APPRAISAL/INSPECTION April 17.2008 LENDER/CLIENT: Name: Company Name: Keystone Guardianship services COmpany AddfeSS: 129 Market Street Ste AA Millersburg PA 17061 SUPERVISORY APPRAISER: SUBJECT PROPERTY ^ Did not inspect subject property ^ Did inspect exterior of subject property from street ^ Did inspect interior and exterior of subject property COMPARABLE SALES ^ Did not inspect exterior of comparable sales from street ^ Did inspect exterior of comparable sales from street ~ nun J Vf J Fannie Mae Form 2055 9-96 Form 205 - •TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE Diversified Appraisal Services Fannie Mae Fonn 2055 9-9ti Form 205.(AC) - •TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE Suloolemental Addendum _ _ _________ rneno. ua~iuurv Born wer li nt N/A Pro Address 59 N. East Street -- Ci Carlisle Coun Cumberland State PA Zi Code 17013 Lender Ke tone Guardianshi Services - Scope of the Appraisal: The appraiser inspected the interior and exterior of the subject property. This appraisal is based on the information gathered by the appraiser from public records, other identified sources, inspection of the subject property and neighborhood and selection of comparable sales within the subject market area. The assignment included an analysis of the subject's area, an estimation of the property's highest and best use, the consideration of all three approaches to value and the application of those relevant to the valuation of the subject property. Intended User: The Intended User of this appraisal report is the Lender/Client. The Intended Use is to evaluate the property that is the subject of this appraisal for valuation purposes, subject to the stated Scope of Work, purpose of the appraisal, reporting requirements of this appraisal report form, and Definition of Market Value. No additional Intended Users are identified by the appraiser. Additional comments: The subject is older than five (5) years old. All mechanical systems including the heating, electrical and plumbing systems were on and in working order at the time of inspection. No warranties are implied in this statement. One or more comparable sales are older than s1x (6) months old. Although there are comparable properties in the subject's area, none have sold recently, therefore, sales in excess of six (6) months old have to be used. All four comparable-s used were the best available. A location adjustment was made for comparable number 1, 2 and 4. The subject is located in an area with slightly Dower land prices. Individual line adjustments were required that exceed 10%. These adjustments were required due to lack of more similar comparables on that individual rating. All four comparables are the best available. Gross adjustments exceed 25% and net adjustments exceed 15% for one or more of the comparable sales. Although there are other similar homes in the subject neighborhood, none have sold recently. The sales used are the best available. This report has been electronically prepared and transmitted in compliance with USPAP guidelines which include verification of the complete transfer and delivery, digitally protected signatures and adequate security measures in place to protect data transmitted by appraiser. Privacy Notice Pursuant to the Gramm-Leach-Gilley Act of 1999, effective July 1, 2001, appraisers, along with all providers of personal financial services are now required by federal law to inform their clients of the policies of the firm with regard to the privacy of the clients nonpublic personal information. As professionals, we understand that your privacy is very important to you and are pleased to provide you with this information. In the course of performing appraisals, we may collect what is known as "nonpublic personal information" about you. This information is used to fadlitate the services that we provide to you and may include the information provided to us by you directly or received by us from others with your authorization. We do not disclose any nonpublic personal information obtained in the course of our engagement with our clients to nonaffiliated third parties, except as necessary or as required by law. By way of example, a necessary disclosure would be to our independent contractors, and in certain situations, to unrelated third party consultants who need to know that information to assist us in providing appraisal services to you. Alt independent contractors and any third party consultants we engage are informed that any information they see as part of an appraisal is to be maintained in strict confidence within the firm. A disclosure required by law would be a disclosure by us that is orcJered by a court of competent jurisdiction with regard to a legal action to which you are party. We will retain records relating to professional services that we have provided to you for a reasonable time so that we are better able to assist you with your needs. In order to protect your nonpublic personal information from unauthorized access by third parties, we maintain physical, electronic and procedural safeguards that comply with our professional standards insuring the security and integrity of your information. Form TAOD -'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE Location Map Borrower Client NIA _ Pro Address 59 N. East Street Ci Carlisle Cou Cumberland State PA Zi Code 17013 Lender Ke tone Guardianshi Services ~ , ::- f :; ~f.~~ -~ , ~, _.. ~ ~ , _„ ,. __. ~JJ(~ ~ (. ..... .... _:, , ~ . ~. i !~ ~r ~ ~ -~ -__ - _.. _~ . li' ~ ~ ~. ;~ I I ~ lobeo~ ~. t ,~ r s~l Jr( ff~ ~'.... f `- .#~ t ) ~ I .L~ ~ ~ il~'~~h. 9t.._ Ali, ~i. i~ '! ~~ j ' ,,1 ''i ii L ,~:~ ~1i' _;, , .. ,~ • ~ ~ _ ~ ~~ -, ~~ ~ TTTAAA :~ ._. ~ •- ~ (~ ;~• - ,~ r_ ,; .._ ~~;. -~ .._ i "~~ ~ ~ r r ..~, ,,~ 'i ? 1 ,`~ 1, ` .:..~ [ v ~ ~ it .A --•. y ~% :,. 'i - IS cty ~' <„y9~C` .. .... .t _, .. ~ V_~`, __ _~.._...., . .._...~ sh. ~..,..- - ®2o6a~eow:iita~O2~~ii~~nlQ awa hlrW~s;Mro. :::.:...... ~~ i~r -St - M8~ ~ n ~ y j L ~ C i~'~7~1-~ .,~ ~ .-~ ~I1 ry ~ i ` _ :l`-- ,~~ ~ it `':t 1 ~"~ ~ ". ~,.~ .... , ~~~ :~ ~~. .... ~i + ~~ .. ~iy; ~_ _ r. ,;,, . ~: ~ r; 5~. ( ~~ ~ - ' ~ ~Qlbjaatrjf~ E ~ ~ <r ':/~} Amy . ~~!~~~_ '~~~ ' ,; ?USlkmy'Wr ~.~_ ~~~ ~.. ~ ;i' ~ ~~ ,1'~~j ~~ t 1 . _ ~ . ...~1 ~ ~ ICI art } ~ ~l i l s l E r r ~4 ot~y ~rw~~ t caeyn ~ r ( `~ ^ ,~ I ( j' 5~t !~~ ~M n~gsµtf.y,aha.A4 ,:::. .. -~ j _ c~ ..... ' . F ...... J~ t ~ ... ~ I, ~ ...~:.:'. c,W J ~_ ; ~, ~~ ' '~ ~ '~ ._ .. ~ .~ ._ .. -.-."-'?(.,`"=-,~~;;--~!~~r i A~;~t War j'~ .. _~ ~~i iii _. ~ I = I~ _,__ ~~ ... r (" "+Jh,q~ ~I( 1 ~ I i Pst1< ,} ~~ ~ 1 w' . ~ ' '+ ... I - ' ...ir lnti .~ -.. :~ f?~ ~~ 1 i ~ ~ ~1 ~:~=~ ~. It ~~:~Y .... J~1~ ~~ f 1 ~.- .~ t ~ ~ •. ,,- _~~ ~~ ,. ! ~ ~.... ~ ,~ ~ :t r , t~,- ~~; _,:~ 1 ~t `-~ ~ !` Wit! ~ ~ ~ ~ t. j -''f . ~~~~ ~ ; ,~ ..... .. ,.. ~ onk~ \` a~ y &ook ( ' Scala _ .. .::.I ml X0,1-~ Q.2 -T p,3 r J Form MAP.LOC -'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE Subject Photos Borrower Client NIA -' Pro Address 59 N. East Street - Ci Carlisle Cou Cumberland State PA Zi Code 17013 Lender Ke stone Guardianshi Services _ Subject Front 59 N. East Street Subject Rear Subject Street Form PICPIX.TR -'TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE Comparable Photo Paee Borrower Client NIA Pro Address 59 N. East Street Ci Carlisle Cou Cumberland State PA Zi Code 17013 Lender Ke tone Guardianshi Services Comparable 1 155 W. Loather Street Prox. to Subject 0.41 miles Sale Price 185,000 Gross Living Area 3,820 Total Rooms 16 Total Bedrooms 8 Total Bathrooms 4 Location Superior dew Average Site .12 acre Quality Age 146 years Comparable 2 162 W. Loather Street Prox. to Subject 0.42 miles Sale Price 179,900 Gross Living Area 3,228 Total Rooms 14 Total Bedrooms 5 Total Bathrooms 4 Location Superior Crew Average Site .17 acre Quality Age 96 years Comparable 3 14 S. East Street Prox. to Subject 0.12 miles Sale Price 140,000 Gross Living Area 2,874 Total Rooms 13 Total Bedrooms 7 Total Bathrooms 3.5 Location Similar dew Average Site .10 acre Quality Ape 106 years Form PICPIX.CR -'TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE Comparable Photo Page Borrower CNent N/A _ Pro a Address 59 N. East Street - Cit Carlisle Coun Cumberland State PA Zi Code 17013 Lender Ke tone Guardianshi Services - Comparable 4 271 W. South Street Prox. to Subject 0.64 miles Sale Price 240,000 Gross Living Area 3,561 Total Rooms 12 Total Bedrooms 5 Total Bathrooms 3 Location Superior dew Average Site .21 acre Quality Age 108 years Comparable 5 Prox. to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age Comparable 6 Prox. to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location Vew Site Quality Age Form PICPD(.CR -'TOTAL for Windows` appraisal software by a la mode, inc. -1-800-ALAMODE ~'"clai~at~-~~ #~ ~p1~w ~r ~! ~ ~rlrtilit~wrr~' ,.. it f ~. R ~ Ate.. ~l~ ~~ 111-` ~7 ~ ~~ ~r ~. ~~ il'~ ~l~t !Ra Nl~tt~er Form SCA - `TOTAL for Windows` appraisal software by a la mode, inc. -1-800-ALAMODE FROM: Diversified Appraisal Service • 35 E. High Street, Suite 101, Carlisle, PA 17013 Carlisle, PA 17013 Phone: 717-249-2758 Fax:717-258-4701 Tax ID #206-46-6731 INVOICE DATE REFERENCE 052708N May 28, 2008 T0: Keystone Guardianship Services 129 Market Street, Ste A, Millersburg, PA 17061 DESCRIPTION AMOUNT 59 N. East Street 275.00 Carlisle, PA 17013 (Neely) ' Fannie Mae Form 2055 SUBTOTAL ~ 275.00 Rate 96 ADJUSTMENT SUBTOTAL 275.00 Rate 96 ADJUSTMENT SUBTOTAL ; 275.00 TOTAL S 275.00 Diversified Appraisal Services Form D2NIN - "TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE ~. - Date: FJ3-~.~ t~~•-r'0i!J'~ C~-•rl:isle t•i F'as~: rT EL..i~iCT•c i~ilJr~rt~ HIJ~TStIN~, :~NCN .L•~ hIN Wr~f..t~fU? 6TFcG-.'ET ~'2i~1~1 T'E_CIC~F~ 1*arT l iri~:Ll••i~1NlC~I~UF<Gy fits :1 r'0~~ 717-7~.L --~?~F~ ~ WW41. Ft~Ci"i~rDi+iUi~r<YAUCTICJhIf~'r~t. L;Ui~i -'~~.- c •~ i o ~~ ee •r » r~ Sr, faH r~~ 1'f URFi Y l- i c ii# fi ~ ~:~ -•• L.. ~ett:Lement Weal's Selle•rM i Paf~e~ .1 Stem LFS~:ription F~•rice qty Total ._ Umbrella ~~* Nat sold •~~*~~ ._._...__.__....._._._.__ _. Wish machii•~e ~~x Nut sold ~~~* _.. i~~i le of scrap ~~~~ Blot sold ~4~+~ i~li~tcN item it 1..00 .._ Dad sl•~eri ~~~ Ncat sold ~c~x~ __ ~iti~t. car ia~-mpe•r ~. 17. a0 ~.. Tool hox--aarf~•~ ~~~ Not sold ~~~~~+~ . .... ;~ i~ti i.~ t t er s 1. i » 00 .- Cc.apboard •rrom post of•Fice ~. X0.00 •-• :~hei ict~•-waode~f bcax--scale ;~ ~» 00 -._ irteat --maw-..m'a•~c~•r• cycle x~.cN ~ :~ 1r 0® 'j •.•• ~ n. x l c~ t -- c h o a. c •~ /~~y 7 r C.l1U ;1 1 ~+ N 0~ .... ~~rax lot-cho:Lre .i 3N 60 .._ E~nx tot--cho:tce 1 ,3» 00 .•- ~+r~x ] u•b-•~choic~~ :1 3., 00 -.. I~ox lot-•cho:Lce 1 x.00 _.. Uc3x lot°~choice 1 1.00 .~ ~rox lot--choice 1 17.. ~0 -• I~ux lot-choice :~ 1gN 60 «« ~ lox ~.(St-~cllo ice 1 ,~~r ®Cl ~ y 7 s ~~ Pc~x lot'-C.~hoic:e /~ ~u 00 i ~~r ®0 .... I~ox lot-r_huice 1 :1. ®0 ~•• Dnx lot••-choice .~ ~. @® ~• I~ax lat--choice 1 ~~ 00 _.. sox lot-choice 1 :t.0® .-. ~+ox :Lot--choice 1 3.00 .°. ~~ax lot--choice 3.00 ~ 6.00 .- ~SOx lot-•choice 1 x.00 .~. L•+nx lnt•-choir+e ~. ®0 4 a. 00 fox lot-•choice 1 1..00 .-. ~~cax lot-•choiice 1 1N 0® .... 3 chairs 1 x.00 _. ~a~:E;et _° i+f i s c:. ~i a d i t e :L -1 ~ N 0 0 _.. iYi :~ r L~r l e s 1 10.00 -- F~•ressed glass 1 ~y00 -- ~to•re ,ja•r .~ J.a.00 -•- ~•ressed rilags covered i .LO, 00 campo~~e ... Ltt~X lo•~ m:lsc:.•. dishes 1 .~L. ~0 ._. Mist::. fir~u•r:Lnes 1 :L~'.5~7 Date:: ~J3•-:i.i°,••-i'C!i@~ Ca~~lisle M Cast ~;T i~L_i~iC:i`•~ i~itJi"t1"t'f ~I.JfTTOhi~y Ih1C,. ~.~ !'Ir WALi`II.IT ~Ti~tiCF:T Ic hiD i~'i.-OQT~ i~'~~`T I i'~£'CF•iAM:~C~alitli'~tG, ~~~ 1'i®~~ '717-•7~1-"240 / WWWr R1C1•~~1~Ai~il.li`~1`~1~'~UCT:tt~i-1ECk~ CCaiiri ~~.ic~; i onee•r s FtTCi•~Hr~;D i'iUf4•ftilr' 1. ic~T faa~~.."i_ ~ettlemen•i= hiea3.y e l :[ e r « .~ pa~ey ~: •~ enr ate s c •r i p •t: ~. an F' •r :i. c N ~ i; y Tort ra '~ -- L..ady head p3. ante•r :! ~. r 0@ ._. Glass bawl••"bo•rt~e :~ ~, ea •••. I•rarys•t:cane covered diBh 1 ~~.0@ .... T•ra•r lot-"plates--buttons 1 ~.~.~;0 .._ a •t Cr •r t~? ,j a •r •°• l e ~7 ca x h ~r l d e •r s ~; ~ „ ~ @ _.. i~iarble di~o•r stop ~. .3.00 ._. i~iachette 1 I. c3. ~@ _. t-i• replace ha:lde•r i 0 ~« 0 nn .... ~~ J -d.~~h 1 j ~ ~r CJ~ -- Clever ~. i.INC~O .... Wire si~:inime•r 1 3r 00 ..° ~~ut~~he•r-st•raf}7er•~for~; :i. i~s..00 .... W~.tntin~ ~:ni fe 1 tee, ~3@ .-, Wh x ppe•r-"t•rivet ~. 4r C~0 •~ L+uttcrns i ~4, 0t!I -~ Adv. hand fan 1 ?, 0b .°. t"a•rm Shaw w:i.n•rasC> ;1 t, p0 «.. F~•rr horse .E ~w ~® °_ T+ a •t: •t; c:r rr s t ~ Q r `J `~ ..° 7th fa•rr~i s~iow wi.n ro~s ~l ~, t~0 y .... Tin wcrl •~`"~'~. ~ bL1Ci~e Sr ~ , 7ar 0@ ..•• 1'i~~;c, har~aess ~~ 1 .1.r ~Q .... ~~ t h •fa•rm si'~crw win•res.s ;i, ~„ 0® ( ~ .... i~# c {.r a •r ~~ ~. {~ M : t ~ ~•~ ~. ~ r .. +~ d v, hand fan :i. ~, r q@ .... ica•L••tie dad 1. :i..00 -.. Cr c~ Ci•:~ w ac ~ d :l 8„ 00 y/ y 7 L l 3 ..•. ~~ ~ J.1-; i.7W~•W .F e~ ~ ~ ~ 4 ~~ ca•rl:isla-••ladxes heads •-. Whis~;Ry decanter-..~ c:aR :l ~.0. A@ pi~tGta °° Waad tu•rni.ny :! :IS., C~a --- Tray ~.a•~••"tin"-masr~n ~.apel ;~ 2r @@ p ~. n -.. L+~st•t:an halder"•• stan~.ey t+:rol :l :~?« ~0 boar; _" ~rr'rn p~n•"'~'rlswp~.d ~ ~~r~p .... fed chi 1 d s scGate•r ;~ 1 ~. , @@ Tiate ; ~'~~°°lU--i~O~i~ i~ ~~r~, a ~~ a i~{ C~~•F: -i f'i..i`iC•i: iriUi•~TtY FiUCT~t3i~("~~ Ti~iC. 1~ isi., W~Li~iUT ~Ti",rC~' l~i~iTi l•"~.GOii i:.w'~a'i' ~' iri~'Gi•d~i~ilCw~~~i.fi"tiG7 i~'a :i.70 ~~ 7~.7~••7~1-..i'~40 ! LaWW.1~~ri•iii"~X'ai'iUirtt"~Yr~iJGT:CQi~iECi't. CCJi~! ~~ u c •~ i cs ri e p •r » Fti 7 G i•ti~ i`<~'~ iriU f4 ~~ ~• ~~ :i c: ~; ~'r ~¢ ~:j ••~ [. ~ettleme~•it; i~ie~ly i"'~ge» ~elle•r» i ?tc~m ~e!~cra. p•~i.r~•ri i~•r:i.ce Gty Tatal °.. 1"•~uby plates ~ 1.00 ..~ Clds~ dish•~•-fa.qu•rine~ ~, 1„0a .... tone dishes ~:i.i'ii•; d:~ ~hefa :I 3.00 -- ~ ran i`:et•~J.e 1 '~. 00 ..~ ir~~.c•tu•re~-braxdc~d runs 1 lda® -• ~~in ,j~•r•-•bow~. i 1.00 --• i~~ ~ c •~ a rc~ ! 3.00 ._. C h •r ~. ~ tni a ~ b i •r d h oi.~ ~ ca 1 ~. ,. fay t~rii': lite~3u•re•r' :t :!r?.~.,~0 --- r 1 a~ w ba ~ •rd ~, ,~ . 0 ~ .... T•rs~y l ut d i ski es°°wash br~~a•rd :i. ~. 0© ._ Wash bc~a•rd-°lace :t.teiii~ 1 17.50 ..~. T•r~y ~ut•~•t~unb:~er~•~b~n6;~ :~ .~~ 00 .._ Wind r.aole•r .1 1.00 ~•• ~ flow blue bgwl~ 1F; ,, 00 ~ 7.00 .... Wuc)deri ~iLlCi•;k'''i•: 1 .~~» Q~}r `.. i"' ~:1 i l•1 t 3. Yl !~ °_ lit Li '~ •f ~. Yi ~ a'1 i'~ 5 .~, ~ „ ~ Q --• D J eraiit e • r~ etr_hed 1 4~;,, 00 .... ~ ' , ., , S..ar].y 4.1. Yi i ~r ~~ ~~ i"•t a a 5 •be •r --r. h i c~; en ~, •~„ 0 Q ..~ F'ac•t;u•res--ba~i;et 1 ~. @Q .... D uci~;•~•fei~ta s~.tq~'r 1 1 ~ . Q 0 ».. ' } w~ ~ ~. ~•! n . ~ / ! ( ~ ~7 w C J •••• ~ a y 7 ~' •L iA t Ci I J. ]/ y~ / ~ R elf .... b a i •r y lii i ~. i•; b c•.~ x :! 1 c'~» . 5 0 .._ ire l l -•cr~w c•reanie•r 1 10.00 ..~ Ec:t blues 1 G. 0t7 .°. Green •r~.ii~-••l~m~ ~, ~„ @0 ..` i~' ~. ~ i•~ L~ ~ ~ t ~. ~ i•~ ~ R ~ iii ~ q 1 ~ r .... Jewr~lry ~ 0.00 _.. ~?•resdei•t pa.tche•r ;~ 7.50 1•~andled crc~~-t•; ;~ ~~w a0 .._ x{c:;y b~ti•ii•: :l J.~N 00 ~.. ~; to u ~. ~. ~ . 0D ~.. Craci•ti l. ~., 0p .... i~'i•~cher•-~.•~~.at•: s#~~-t•te•r 1 ~~0.00 _.. i"'lat~a--;mall ,ji.igs...o:i.l 1ani~ 1 1.00 .... .i. d•rawe•c~ atanc] 1 15i/JM 00 ~. ~o:l. 7. 1 ~., 00 lDatep 4~3...if~--?00`~ Gai•rli~le hl East ~T I~i;_iri>Mp: h7i.li~fiY ~IUCTI0F~i5y IF~iG» 14 N« ~1ALI+iUT rTl'•~CCT ~'2Mb i•"LOGI~ CAST ~ i'iGCi•9~i~llC~~iJC•tCy f~A 9.70 3 7l7••- 7 ~1 •°•240 / l~Wi~» i"ilGf•IaF:DIriU[~i"cYAUf.:T:f. CIhiE;~J"cp ~C3ift h~~~ctioneer M i'tIGi•~A1"~A i'il.lF~'i"~Y l.ic~ ~4~••••i._ ~ae•~•L-1.ement hieal•~ :e]. ie•r: .1 ~~agep ~ Ite~i~ Le~~»`•ri p•tir~n i~~•r3.ce L~tY Total _. TIYI i~cax-_,/F.?we~.•ry ~. ~0« 00 .... i•.gc`i•;~~r 1 :13.00 .... Layw ci•iip tirtw-c•rcyr_i•c 1 12« 0D -•. I"•cedware c•raci•: 1 ~~;« 0h .... ~~ l ant: cha3•r 1 ~ .0« GJ0 j , .... ~ 1 . r ~S ~. ~•~ 1 f .1.~./ r 0 0 tt ~~ ~~ .... ~ •L~ ~.~ 0 ~ j .L ~ 0 « 0 0 .-. Guwden crock; 1 ~?,~0« 00 .-. Chai•r~ 1 3« 00 .... E{oWls~-plate~•~,jew~~lrY i 4.00 -•- Fvot ~ton1 ~. :L t3» 00 _ --- Waod ,jewelry bc~xe~•~•hQW1. :1 7« 00 ~- T•ray lot•wrandie :i 4»00 holder`s°~,cQ•htie dug .._ Dv l l i i « 00 ..° i]i 1 1, amps i ~ ;p 00 t _.• 1» s~ d ~. C-" ~ hat .~ ~ w 00 -. ~lanl•,et•~•o•raa•~r~e~ green 1 23» 00 ~t•ri ped .~ I~'•re~~ed q 1 aye ~cluar•e br~W I ~, 3» 00 ..~ F9er~ un nesl-t••" jewel r~ i 4» 00 ~.. F~ ~.s g b •r a i d e d ••- c r©c Es :i 4. 0 0 y •~ •••• ~ ~~ J. I t ~ / ~~ 7 W M {V 0 _.. Clec. p~.it•11ing gol f~•F~at~ i 3» 0© _« G ~.obe~ . 1 ~N C~ O 7n ~ .... ~A~J~~r` StQ~I~'r t .i. tt r n J.~r C1Q ._. Tray lot--•n~ill•: g1as~-••p:i.e .i. :1.00 plate .... I •rortstone F.~l after :C ~3« 00 ~.. ~~~te ~~ti,~ a ~ . , ~« a0 r ,~( .... !"~ ~ n ~c d ~ p » p ~ e~ •li e 5 11 I .A. ry :T u .... i~' :1 C"l:l.i 'r a 5i .I. :i. « 0 0 .._ Iron osen•~pi•~ otr~~ ~, a « 00 .... Watci•~e~s :i. `:~PJ«!~0 ..° ~ci!a~o'r'-ntr.n3•~i.N~ mo~.~rae :1 :1» 00 ~•• Iic~rl head°-tr~.»I•set~ 1 ~p 0© Tray lut~• ai•~oe :1. :1 n 00 ho•rn•-•~weepe•r-•plate~ .... Iir~x :lot n~~.~c« ciishe~~ :l !~» 00 Carl isle I•~ f.`a~at ~T ~~..I~I~:.~~ ~~I~I•{,:~•~ ~~~rTral~a:~y :r~~ICN 1. ~+ h•I « Wi=i~_I~I lJT aTP•~f'I~'T ~~i~~ I:"1_a~r~< r'f 1".~`T / rtCC:;•!Oh! r G~r~t~l"~G y ir~~] 1 ? 0 ?~.?.._? ~~-~~~~,~ ~ www„ rtrG~~~r~n~~ur~~~~',~c~GTZa~r>~E~•„ cal~~ A u c •~ :i. Q i'1 e e •r :: f{ :~ G 1-li~~t!", D l~ll.art~~ ~' i._ i c ## ~ ~+~3....1_ ~t t l e me r•t •b I•~Ic:± a l ~• :3elle•r: ~. F~ac~e: ~1 rteni ~e~r.~•r:ipta.s~n F~•rice a~.y Tutal ..~ Ta~pe•r lei stand :L 1.~f~.0® .... •y~.~y. lc~t•-,~a•r-.F:eti:le 1 iL~iN p~3 ..~ ~.anip hanging 1 ?. 0p .... Ma. :l~: bc~ttle~ 1 f~.00 ~- Tred•rar~m fu•rn~.tu•re a~~~c Mot ~t~Id •~••~~ .~. l_arnp••~tr.~b:le ~~~• hiut Bald ~i<•~ .... aewin~ machine ~~+~ hitat ~rrld ~~•u• .... ~tanci :l ~.. ~J0 .... ~ew:~nq machine-•lamp~ ~•~~c• MUt ~al~;l ~•>Frt .... hl i •r •r a •r :l 1 „ 00 -•- T!'{R v N 5ewi n~ 13i1:~Ch ;~ .~» pp _.. ;aof~ ~~~ hldt ~a~.ci i~x~ --• I~~ i c t u •r~ a -~ rh ,~ i ri ~ •~ ~• hl o t >nr~ 1 ri x ~c ~c .... ~serich 1 1~ iN p t~ / / ~ ._. Glr~the~ t•rr~e .1 1G. Op .... ~~•rr~p l~;af t~b].e 1 ?~N k~~l ~. ~ w :~ v ~•t l ch a ~. r ~. .i « Op .... :L d•rawe•r~ ~tanr~ :! 1 rN 00 ..° ae~:l.nr~ ni~lchiries .I l.IN Op ._. sewinr~ r:~~c:h3.rie~ ~~c~ ~in•t: ~ra~.rl ~u~• -. x'? ca•r rl thble~--bca~rF;ca~e :t ~. 0 0 .... ~ r~tand~ .~ ~~/. /N ~~ ~M VC.J -•• ~ t~ ~7 d ~ s l•~ e t b J L 3 N Q p !~ Lr ~ gp /y ~~ A .•- ~eo~~,ng cabinet i 1 ~ 00 .... 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CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Financial Freedom SFC 2900 Esperanza Crossing Austin, Texas 78758 v. Janette L. Neely S l 2 Market Street Millersburg, Pennsylvania 170b 1 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number a~~ ~~~ CIVIL ACTION/MORTGAGE FORECLOSURE r? :^~ ~:) -.. , > ~';r7 ^~ r ~J' ~\) ~r~' r' ~~ 1 - ~. ~.~~ fir. t 1 ~ - i . ~~ . Imo! ~~' _,1•~.~~7 t.l; Y~ 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 LA WYER. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le hen demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dies de plazo al partir de la fecha de la demands y la notification. Hate falls asentar una comparencia escrita o en persona o con un abogado y entregar a la cone en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuer la demands en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con lodes las provisiones de eats demands. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Financial Freedom SFC, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Janette L. Neely, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 512 Market Street, Millersburg, Pennsylvania 17061. 3. On November 23, 2007, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to 1st Preference Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book Instrument #200800642. 4. On August 1, 2009, the aforesaid mortgage was thereafter assigned by 1st Preference Mortgage Corporation to Financial Freedom Senior Funding Corporation, by Assignment of iMortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book Instrument #200800643. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 59 North East Street, Carlisle, Pennsylvania 17013. 6. The mortgage is in default becausethe premises has ceased to be principal residence of the Defendant. 7. The following amounts are due on the mortgage: Principal Balance $ 147,733.92, Interest through August 10, 2009 $ ? 186.98 (Plus $8.56 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 805.00 Escrow Advance $ 5,172.91 GRAND TOTAL $ 162,198.81 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et t°"v i y , ~ t i L-l seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certif cate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $162,198.81, together with interest at the rate of $8.56 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: ~ ~~_ Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEiSBERG AND CONWAY,P.C. BY: Attorneys for Iaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ~L ~ ~Z-- ~~ o This Document Prepared Hy: 1ST PREFERENCE MORTGAGE CORPORATION 9423 BELAIR ROAD BALTIMORE, MARYLAND 21236 When Recorded Mail To: FINANCIAL FREEDOM SENIOR FUNDING CORPORATION , A SUBSID~I_AR~Y ~E.INDYMAC SOb~CI~RTN ~RIDG rDr3'X'E 500 C~'7D3/o2.., -----~- ~1ETROPOLITAN SET?'LEMEAIT ATLAN ItGIA 30350 E:41asz9-7300 1617 EAST MARK~7' ST. c~2.~ YORK, PA x`1403 Parcel No: ~02, ~ pZ, f -r o,~ ~&- Commonwoslth of Pen>:syh-ania ISpxce Above Thlr Llne For Recording Datml ADJUSTABLE RATE OPEN-END HOME EQUITY CONVERSXON MORTGAGE THIS MORTGAGE ("SECURXTX INSTRUMEN?") SECURES FUTURE AD'YANCES THIS MORTGAGE ("Security instrument") is given on NOVEMBER ?3, 2007 The rnortgagor.is Janette L. Neely, a single person whose address is 59 N EAST ST, ' CARLISLE, PENNSYLVANIA 17013 ~ ("lBorrower"). This Security Instrument is given to 1ST PREFERENCE MORTGAGE CORPORATION which is organized and existing under the laws of THE STATE OF MARYLAND ,and whose address is 9423 BELAIR ROAD, $ALTIIV,CORE, MARYLAND 21236 >:HA Case No. 441-8014769-957,12255 3000/18471 ("Lender"). Borrower has agreed to repay to Lender amounts which Lender is obligated to advance, including future advances, under the terms of a Home Equity Conversion Loan Agreement dated the same date as this-Security Instrument ("Loan Agreement"). The agreement to repay is evidenced by Borrower's Note dated the same date as this Security Instrument ("Note"). This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest at a rate subject to adjustment, and all renewals, extensions and modifications of the Note, up to a maximum principal amount of TWO HUNDRED EIGHTYFCVETHOUSANDAND00/100-----------------..,.--__.____,--___-_ (CJ.S. $ ZSS,000.00 }; (b) the payment of all other sums, with interest, advanced under Paragraph s to protect the security of this Security Instrument or otherwise dne under the terms of this Security Instrument; rind (e) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pcnnsyivanla: BG2S :09/06 Pago 1 ~~I~h~~~~~~~~~~~n~~~~~~~~p~~~~~~~~~~~~~p~ Exhibit A ' ~ 1 A1.1. THAT CERTAIN tract of land with the improvements thereon erecte situate in the Borough of Carlisle, Cumberland County, Penns ivaniad bounded and described as follows; y ON the Southeast corner of l.outher and East Streets, bounded on the North by East E.outher Street; on the East by tot of formerly of Arthur R. Ruppely; on the South by property formerly of George i~ui net • and on the West by North East Street; being 85 feet, more or less, in the front on North East Street and extending in an even width 185 fee more or less, in depth to the property formerly of said Ru le t, the same more or less, and having thereon erected a two stop y' be dwelling house and other buildings known as 59 North East Strs-tene Carlisle, PA 17013. e t, Property Parce! Number 02 29-0398-29$ Legal Description Attached which has the address of 59 N EAST ST CARLISLE iStreetl PENNSYLVANIA 17013 ("Property Address"); (city) lstatal [zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and fixtures now or hereafter a part of the property, Alt replacements 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 COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is uneneumbeced, Borrower wanants and will defend generally the title to the Property against all claims and demands, ~tbjcct to any encumbrances of record. THIS SECURTfY' INSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property„ UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal and Interest. Borrower shall pay when duo the principal af, and interest on, the debt evidenced by the Note. 2. Payment of Property CLarges. Borrower shall pay ail property charges consisting of taxes, l,-round runts, flood and hazard insurance premiums, and special assessments in a timely manner, and shall provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from monthly payments due to the Borrower or by charging such payments to a lino of credit as provided for in the Loan Agreement. 3. Fire, Flood pod Qther Hmcard Insurance Borrower shall insure ail improvements on the Property whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, incl~eding tire. This insurance shall be maintained in the amounts, to the extent and for the periods royuircd by Lender or the Secretary of Housing and Urban beveiopment ("Secretary"). Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the actent required by the Secretary. All insurance shall be carried with companies approved by bender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lendu immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for ouch loss to Lender instead of to Borrower and to Lender jointly. Insurance proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is economically feasble and Lender's security is not lessened, If the restoration or repair is not economically feasible or Lender's security would be ~' °~` ~"° IIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~II lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under a Second Nvtc and Second Security Instrument held by the Secretary on the Property and then to the reduction of the indebtedness under the Notc and this Security Instn~ment. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, tine and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan AppIicaHon; G~aseholda. Borrower shall occupy, establish, and use tha Property as Borrower's principal residence after the execution of this Security Instrument, and Borrower (or at least one Borrower, if initially .morn than one person are Borcowtrs) shall continue to occupy thet Property as Borrower's principal residence for the term of the Security Instrument. "Principal residence" shalt have the same meaning as in the Loan Agreement. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear accepted. Borrower shall also ba in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or fatted to provide Lender with any material information) in connection with the Loan evidenced by the Note, including, but not limited to, representations concurring Borrower's occupancy of the Property as a Principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 5. Charges to Borrower and Protection of Lender's Rfghta In the Property. Borrower shall pay all governments! or municipal charges, fines and impositions that are not included in Paragraph 2. Borrawer shall pay these obligations on time directly to the entity which is owed the payment. If faituro to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly dise_ harge any lien which has priority over this Security Instrument in the manner provided in Paragraph 12(c). If Borrower faits to make these payments or the property charges required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or them is a legal proceeding that may significantly afif'ect Lender's rights In the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Froperry and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. To protect Lender's security in the Property, Lender shall advanea and charge to Borrower all amounts duty to the Secretary for the Mortgage Insurance Premium as defined in the Loan Agreement as well as all sums duo to the loan servicer for servicing activities as defined in the Loan Agreement. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in the Loan Agreement and shall ba secured by this Security Instrument. 6. Inspection. Louder or its agent may antor on, inspect or make appraisals of the Property in a reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which must be stated to Lender's interest in the Property. If the property is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property without notice to the Borrower, 7. Candemnatlon. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation shalt be paid to Lander. The proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security Instrument hold by the Secretary on the Property, and then to the reduction of the indebtedness under the Noto and this Security Instrument. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. .°n ~° "' IIIIINIIIIIIIIIIIIIII~NIIIIIIIIIIillllllll 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Due and Payable. Gender may require immediate payment in full of aU sums secured by this Security Instrument if: (i) A Borrower dies and the Property is not the Principal residence of at least one surviving Borrower; or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for less than 99 years which is renewable or a lease having a remaining period of not less than SO years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). (b} Due and Payable with Secretary Approval. Lender may require immediate payment in full of all sums secured by this Security Instrument, upon approval of the Secretary, if (i) The Property ceases to be the Principal residence of a Borrower for reasons other than loath and the Property is not the Principal residence of at least one other Borrower; or (ii) F+or a period of longer than twelve (12) consecutive months, a Borrower fails to occupy the Property because of physical or mental illness and the Property is not the Principal residence of at least one other Borrower; or {iii) An obligation of the Borrower under this Security Instrument is not performed. (c) Notice to Lender. Borrower shall notify Lender whenever any of the events Listed in this Paragraph (a) (ii) or (b) occur. (d) Notice to Secretary and Borrower. Lender shall notify the Secretary and Borrower whenever the loan becomes due and payable under Paragraph 9 (a) (ii) or (b). Lender shall not have the right to commence foreclosure until Borrower has had thirty (30) days after notice to either: (i) (:orroct the matter which resulted in the Security Instrument carving due and payable; or (ii) Pay the balance in full; or (iii) Sell the Property for the Lasser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or (iv) Provide the Lender with a lend in lieu of foreclosure. (e) Trusts. Conveyance of a Borrower's interest in the Property to a trust which mats the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not bo considered a conveyance for purposes of this paragraph 9. A trust shall not be considered an occupant or be <:onsidarcd as having a principal residence for purposes of this Paragraph 9. (t) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note not be eligible for insurance under the National Housing Act within SIXTY DAYS from the date hereof, if permitted by applicable law Lender may, at its option, require immediate payment in fi~il of all sums secured by this Security Instrument, A written statement of any authorized agent of tht Secretary dated aubsoqucnt to SIXTY DAYS from the date hereof, declining to insure this Security Instrument and the Notc, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. No Deflclency Judgments. Borrower shall have no personal liability for payment of the debt srcurut by this Security Instrument. Lender may enforce the debt only through sale of the Property, Lender shall not ba permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. If this Security instrument is assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable for arty difference between the mortgage insurance benefits paid to Lander and the outstanding indebtedness, .including accrued interest, awed by Borrower at the time of the assignment. ll. RelastatemereL Borrower has a right to be reinstated if Lender has required immediate payment in full. This right applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument, Borrower shall correct the condition which resulted in the requirement for immediate payment in full. 1~oreclosurc costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding shall be added to the principal balanoe. Upon reinstatement by Banrower, this Security Instrument and i11e obligations that it secures shall remain In effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if.: {i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) rcinatatemcnt will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the Security Instrument. 1Z. Lien States. (s) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph 12(aj. If Lender determines that the original lien status of the Security Instrument is je~opardizod under state law (including but not limited to situations where the amount secured by the Security Instrument equals or exceeds the maximum principal amount stated or the maximum period under which loan advantxs retain the same lion priority initially granted to loan advances has expired) and state law permits the original lien status to be maintained for 1Lture loan advances through the execution and recordation of ono or mote documents, then Lender shall obtain title cvidcntx at Borrower`s expense. If the title evidence indicates that the Property is not encumbered by sny liens (except this Security Instrument, the Second Security Instrument described in Paragraph l3(a) and any subordinate liens that the Lender determines will also be subordinate to any futuro loan advances), Lender shall request the Borrower to execute sny documents necessary to protect the lien status of future loan advances. Borrower agrees to execute such documents. If state lnw does not permit the original lien status to be extended to future loan advances, Borrower wilt be deemed to have failed to have performed an obligation under this Security Instrument. (b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any liens created by the tax defen~el arse not subordinate to this Security Instrument. (c) Prior Lieas. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lander, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (e} secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to ail amounts secured by this Security instrument. If Lender ddermines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identii~ring the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Z3. Relationship to Second Se~uriiy Instrument. (a) Second Seearity Instrument In order to secure payments which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(l)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to execute a Second Note and a Second Security Instrument on the Property. (b) Relationship of First and Second Security instruments. Payments made by the Secretary snail not be included in the debt under the Note unless; (i) This Security Instrument is assigned to the Secretary; or (i i) The Secrotary accepts reimbursement by the Lender for all payments made by the Secretary. If the circumstancxs described in (i) or {Ii) occur, then all payments by the Secretary, including interest on the payments, but excluding Iata charges paid by the Secretary, Shat) be included in the debt under the Note. (c) Effect on Borrower. Where there is no assignment or reimbursement as descn'bed in (bxi) or (ii) and the Sxretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under the Nola, or pay any netts and revenues of the Property under Paragraph t9 to Lender or a receiver of the Property, until the Secretary has required payment in full of all outstanding principal and accrued interest under the Second Note; or (ii) Be obligated to pay interest or shared appreciation under the Notc at any time, whether accrued before or after the payments by rho Secretary, and whether or not accrued interest has been included in the principal balance under the Note. (d) No Duty of the Secretary. The Secretary has no duty to Linder to enforce covenants of the Second Security Instrument or to take actions to preserve rho value of the Property, even though Lender may be unable to collect amounts owed under the Note because of restrictions in this Paragraph 13. 14. Forbearance by i.ender Not a Waiver. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, 15. Succesaora and Assigns Hound; Joint and Several Liability. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not assign any rights or obligations under this Security Instrument or under the Note, except to a trust that meets the requirements of rho Secretary. Borrower's covenants and agrtements shall be joint and several. Ib. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unites applicable law requires use of another method. The notice shall be directed to the Property Address or any other address all Borrowers jointly designate. Any notice to Lender shall be given by first olass mail to Lender's address stated heroin or any address Lender designates by notice to Bomowcr. Any notice provided for in this Security Instrument shall be deemed to have bean given to Borrower or Lender whe» given as provided in this Paragraph I6. 17. Governing Law; SeverabiHty. This Security Instrument shall be governed by Federal taw and the !aw of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Nota caonflicts with applicable taw, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security instrument and the Note are declared to be severable. I8. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security Instrument. NONUNIFORM COVENAN'T'S. Borrower and Gender covenant and agreoe as follows: 19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. $orrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrowers breach of any covenant or agreement in the Security Instrument, Borrower shawl collect and receive all rents and nwenues of the Property as tnistee for the benefit of Lender and Borrower, This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notico of broach to Borrower: (a) all rants received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; (b) Lender shall be entitled to collect and receive all of rho rents of the Property; and (c) each tenant of the Property shall pay ail rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exorcising its rights under this Paragraph 19. Lander shall not be required to enter upon, take control of or maintain the Property before or after giving notice of broach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of ants of the Property shall terminate when the debt secured by this Security Instrument is paid in full. 20. Foreclosure Procedure. Iif Lender requfret immediate payment In full under Paragraph 9, Lender may foreclose this Security Ynstrument by Judicial proceeding. Lender shall be entitled to collect alt expenses interred fn punning the remedies provided in this Paragraph 20, fncluding, but not ilmited to, reasonable attorneys' fees and cost: o#title evideace to the extent permitted by applicable taw. 21. Lien Priority. The full amount secured by this Security Instrument shall have the same priority over any other lions on the Property as if the foil amount had been disbursed on the date the initial disbursement was made, regardless of the actual date of any disbursement. The amount secured by this Security Instrument shall include all direct payments by Lender to Bonrower and all other loan advances permitted by this Security Instrument for any purpose. This lion priority shall apply notwithstanding any State constitution. law pr regulation, except that this lien priority shall not affect the priority of any liens far unpaid State or local governmental unit special assessments or taxes. 22. AdJustabie Rate Feature. Under the Note, the initial stated interest rate of 4.5800 % which accrues on the unpaid principal balance ("Initial Interest Ratc") is subject to change, as described below, When the interest rate changes, the new ac~usted interest rate will be applied to the total outstanding principal balance. Each adjustment to the interest rate will be based upon the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board in Statistical Release H. l S (Si 9) {"Index") plus a margin. If the Index is no longer available, Lender will use as a new Index any index prescribed by the Secretary. Lender wit) give Borrower notice of the new Index. Lender will perform the calculations described below to determine the new adjusted interest rate. T'hc interest rate may change on the first day of FEBRUARY, 2008 ,and on ^ that day of each succeeding year XD the first day of each succeeding month ("Change Date") until the loan is repaid in full. The value of the Index will be determined, using the most recent Index figure available thirty (30) days before the Change Date ("Current Index"}. Before each Change Datc, the new Interest rate wil} be calculated by adding a margin to the Current Index. The sum of the margin plus the Current Index will bo called the "Calculated Interest Rate" for each Change Data. Tha Calculated Interest Rate~will be compared to the interest rete in effect immediately prior to the current Change Date (the "Existing Interest Rate"). ^ (Annually Adjusting Variable Rata Feature) The Calculated Interest Ratc cannot be more than 2.0°Ya higher or lower than the Existing Interest Rate, nor can it be more than S.0`ib higher or lower than the initial Interest Rate. ,X^ (Monthly Adjusting Variable Rate Feature) The Calculated Interest Rate will never increase above FOURTEEN AND 580/1000 percent (14.58000 %). The Calculated Interest Rate will be adjusted if necessary to comply with these rata limitation(s) and will be in effect until the next Change Date. At any Change Date, if the Calculated Interest Race equals the Existing Interest Rate, the interest rate will not change. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security instrument without charge to Bon+ower, Borrower shall pay any recordation costs. 24. 'Waiver. Borrower to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the bent of any present or futuro laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead pcemption. 25. Reinstatement P®riod. Borrower`s time to reinstate provided in Paragraph l 1 shall extend to one hour prior to the commencement of bidding at a sheriffs salt or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. 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 purchase money mortgage. 27. Interest Rate After rttdgment. Borrower agrees that the interest rate payable after a judgment is entered on the Notc or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 28. Obligatory 1[.oan Advaacea. Lender's responsibility to make Loan Advances under the terms of the Loan Agreement, including Loan Advances of principal to Borrower as well as Loan Advancxs of interest, MIP, Servicing Fees, and other charges shall ba obligatory. 29. Riders to this Security Instrument. If one or more riders era executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) wero a part of this Security Instrument. Check applicable box{cs),) ^ Condominium Rider ^ Shared Appreciation Rider ^ Planned Unit Developmrnt Rider ^ Other (Specify) This is a contract under scat and may be enforced under 42 Pa.C.S. Section 5529(b). BY SIQNING BELOW, Borrower accepts and agrees to the terms contained in this Security ]nstnament and in any riders} executed by Borrower and recorded with it. L NEELY -tsorrower -Borrower (Seal} -Borrower (Seal} •Borrowa (Seal) -Borrower (Scat) -Borrower (Seal) -Borrower (Seal) • Borrower a~u ~, ~a ~~~~~~~~~u~~~~~~p~~~~~~~~~u~~n~~~~~~~~~~~ (Space Bebw 'Il~i~ Line For Acknowfedgmentl /,~ COMMONWEALTH OF ~' ~~ ` COUNTY SS: n/ aoa7 ~ ' On this, the p~3 day of ~ Y ~ ~e/'Yl , before me C~f~ ((~~~ • ,the undersigned o ~cer, pefsonaiiy appeared a.~e t~ L . Need ~ ~ known to me (or satisfactorily proven) to be the person whose name I S subscribed a within instrument, and acknowledged that Sli G executed the same far the pu therein contained. IN WITNESS WHEREOF, I hcrwnto set my hand a offi al seal. w COMMONWEALTH OF PENiVSYI.VANIA Notarfal Seal ~~Y Pi'-Y~. i~oiary Fut~c Rapho Tvr,~., tarx~storCotr~y f1Ay Cornrrbss~or: Ea~ras March 2, 2011 t Member, PennayivHni« Aa3OCiation of Notaries ~~~~~ ~ ~~~~~~.~/ C, Title of 4~cer Certificate of Residence 1 hereby certify that the correct address of the mortgagee is 1ST PYtEFERENCE MORTGAGE CORPOIltATYON 9423 BELAIR LOAD BALTIMOYtE, MARYLAND 21?.36 By: IiOBETtT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Ltstrument Number - 200800642 _ Recorded On 1/7/2008 At 1:30:54 FM * Instrument Type -MORTGAGE Invoice Number - X2033 User YD - RZ * Mortgagor - NEELY, JANETTE I. * Mortgagee -1ST PREFER ~'NCE MORTGAGE CORD * Customer -METROPOLITAN SETTLEMENT * Fs$s STATB WRIT TAX $0.50 STATFs JCS/ACC83S TO $10.00 J03TICF RECORDINt3 F$ES - $23.50 RECORDER OF DRRDS AFFORDABLg HOIISINO $11.50 COUNTY ARCHIVES FgE $2.00 ROD ARCHIVES FSE $3.00 TOTAL Y>AID $ 5 0.5 0 * Tote] Pages - l.1 Certi#ication Page DO NOT DETACH This page is now part of this Iegal document. I Certify thfs to be recorded in Camberiand County PA ~~ ~ ° RECORDER o D EDs * - Xnformatfon denoted by an asterisk may change durinx the ver!!lcatlon process and may not be reflected on this page. niiii~iiuuinnui~ Dale K. Ketner, Esquire ID# 89302 Shaffer & Engle Law Off ces 512 Market Street Millersburg, PA 17061 717-692-2345 (T) 717-b92-3554 (F) Financial Freedom SFC, Plaintiff v. Janette L. Neely, Defendant ~oF ~Et~~~c~ ~~or~a~,+ar~ar~v 1004 S~'p _8 pt~ !: , 4 CiV'tll ~;: ~1ut'•di Y pE1V~'~ Yi`U,1~+,u~' to Cumberland County Court of Common Pleas No.: 09-5604 Civil Term Mortgage Foreclosure ANSWER TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE 1. Admitted. 2. Admitted in part, denied in part. Admitted that Defendant is Janette L. Neely. Denied that Defendant's address is 512 Market Street, Millersburg, Pennsylvania. Defendant resides at Country Meadows of Hershey, 451 Sand Hill Road, Hershey, :PA, 17033, and has a court appointed guardian, Keystone Guardianship Services, whosE; address is PO Box 804, 115 W. Broad Street, Elizabethville, PA 17023. 3. Denied that this is a valid mortgage. Plaintiff states that mortgagor made, executed and delivered a mortgage on November 23, 2007 for the premises the subject of this Complaint. Defendant was adjudicated incapacitated by the Court of Cumberland County and appointed Cumberland County Aging and Community Services as an emergency plenary guardian on January 10, 2008. Keystone Guardianship Services was C~~~'~~ ~ then appointed Guardian of Defendant on March 5, 2008. Cumberland County Aging and Community Services were already working on declaring Ms. Neely incapacited weeks prior to issuance of the January 10, 2008, Order. Wherefore, Defendant lacked capacity to contract on the date Plaintiff states the mortgage was made, which incapacity renders the subject mortgage void. (See Exhibit l; copy of Court Order}. 4. Neither admitted nor denied. Defendant lacks knowledge of assignment in this averment. S. Admitted. 6. Admitted with clarification. Admitted that premises are not residence of Defendant, as Defendant is in a nursing home. Defendant's Guardian has contacted Plaintiff on several occasions, by phone and by correspondence to seek cooperation in this matter with no assistance from Plaintiff. 7. Neither admitted or denied. Defendant's Guardian lacks knowledge of the contracted amounts and has not been supplied documentation from Plaintiff. 8. Denied. Defendant's Guardian received a letter dated March 5, 2009 which stated it was the Notice of Intent to Foreclose. Defendant's Guardian does not have a record of having received the Act 6 Notice that provides information on the Homeowners Emergency Mortgage Assistance Program (HEMAR). .•~.,~ WHEREFORE, Defendant's Guardian states that the mortgage is void„ ENGLE LAW OFFICES Dale K. Kerner, Esquire Attorney for Keystone Guardianship Services Court Appointed Guardian for Plaintiff 512 Market Street Millersburg, PA 17061 'V'ERIFICATION I verify that the averments in this Answer to Mortgage Foreclosure are true and correct. Y understand that false statements herein are made sub,~ect to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Keystone Guardianship Services ~G onstance E. Stoneroa+d Court Appointed Guardian for Defendant Janette Neely DATE: 9IH IOa • ..._ . ~ ' • • ~ ti~~LY : tN THE CG~iRT OF COiV~MON PLEAS 4~ iN R~. JAN~TT • : CUMB~~LANp COUNTY, P~NNSYLVANiI~ • ~ ; z~.os•oo3~ aRPwANS' cauaY ' ~ • ANQ i140UV, this ay of il~aroh, ~OOE, thla court havln~ #ht~ det~ ' . . . ted Ke eton®t3uerd1an8hlp ~ervloee NPC e6 plenary auardlan of the person an appoln . Y " ante of Jenetfe Ne®ly, the ord®r ®ntered ort January 10, 2008, . pl®nary gUerdian of the o~n#~d Cumberland County Aging end Community S®rittoes as o~nergericy pienar~ ep~ ward{an o~ the person end ®rnergenay plenary of the a~~ of •Jan®#t® Nseiy, i8 g VA~I~'f'~p A~ OF't`HtS t1A'r'~. , • ~ ~ By th®G ' • ~ ~,,,• ' ~~ • Fdgar B. day!®y, J. ~' /~nt~ony L. p~Luce, ~quir® ~ . Far the Arse. Agency on AgtnB ' l~ogor Morg®~the1, ~8qu~~ for Jane~® Nei{y ~. • :Sal ~ ~ , r '7~ ff'~ s ~•'ti~ ~ ~ ~,~~t~ ~' ~ .t~ C. ' • ~~ ~ • M .y~~ • • S N ~ •1 ~ 1 ~, ~ ~ •~ tY~N ~~ ~ ~{ A'~t~u~ SPY PRt~M FiLCC~R ' , ''' } . , ' ,', ~ ; ;.;, ,,..~ • InT~et~monyvrh~raf,1 hero `~o;~ ~"~1'; , ~ oR . ~ my hdnd end the 89~ o~s~td Cout~ at ~lel~, PA , , , ~ . ' ~ ~ o .. ~~ ~ Glvrlt ftho O~phI~IU c;o~Gt ~~•• •~ ~ Cumb~rtend QauM~- . ~,~ ., I ORDER 01= COURT ANQ NOW, this ~ ~'~---._..~day of Nfarch, 2008, following a hearing, iT IS ORDERED: (1) Janette Neely is adjudicated an incapacitated person in need of a plenary guardian of her person and plenary guardian of her estate. (2) Keystone Guardianship Services NPC is appointed plenary guardian of the person of Janette Neely and plenary guardian of the estate of Janette Neely. (3) Keystone Guardianship Services NPC shall be paid for Its services in ' accordance ~Nith lts regular fee schedule. (4) As guardian of the estate of Janette Neely, {1) Keystone Guardianship Services NPC, may, without prior cour# approval, invade principal as necessary for payment of expenses and debts, and {2) is authorized to enter into Gating contracts for the sale of real estate; however, court approval shall be required prior to signing of any contract of sale. (5} No party other #han the guardian of the person shall have the right to remove the incapacitated person from her residence at Arden Court, Harrisburg, Pennsylvania, and no other party shah interfere with her care or otherwise disturb her peace and tranquility. To ensure the security and welt being of the incapacitated person, representatives of Arden Court shah have the authority to use their discretion which may include restriction of visits or other contact with the incapacitated person. (6) Keystone Guardianship Services NPC shall comply with the reporting requirements set forth in 20 Pa.C.S.A. Section 5521(c). ~ ,;~ ~ i Anthony L. Det.uca, Esquire For the Area Agency on Aging Roger Morgenthai, Esquire For Janette Neely :sal By the Cou • , Edg B. Bayley, J. `~~ r FINANCIAL FREEDOM SFC, Plaintif, j`' vs. JANETTE L. NEELY, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.09-5604 CIVIL TERM MORTGAGE FORECLOSiJRE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer to Plaintiff s Complaint in Mortgage Foreclosure was served by means of the United States mail, first class, postage prepaid, upon the following: McCABE, WEISBERG AND CONWAY, PC Terrence J. McCabe, Esquire Marc S. V~leisberg, Esquire Edward D. Conway, Esquire Margaret Gairo, Esquire 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 Dated: ~ ~~+ O ._,~~. Melissa Wise, Paralegal to Dale K. Ketner, Esq. SHAFFER & ENGLE LAW OFFICES S 12 Market Street Millersburg, PA 17061 (717) 692-2345 r THE MATTER OF JANETTE NEELY IN THE COURT OF COMMON PLEAS AN ADJUDICATED CUMBERLAND COUNTY, PENNSYLVANIA INCAPACITATED INDIVIDUAL : ORPHANS COURT DIVISION NO. 21-08-0032 VERIFICATION I verify that the averments in this Petition to Execute Deed in Lieu of Foreclosure are true and correct. I undE~rstand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: KEYSTONE GUARDIANSHIP SERVICE;; .~ Constance E. Stoneroad Keystone Guardianship Services; P O Box 804 Elizabethville, PA 17023