HomeMy WebLinkAbout01-03-14 IN RE: VELMA B. GEBHARD IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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MOTION TO MODIFY STIPULATION AND AMEND 0KbF?R:>
AND NOW, comes Movant, Velma Conway, as agent for Velma Gebhard, by and F' �' t
through her attorneys, BARIC SCHERER LLC, and files the within Motion to Modify
Stipulation and Amend Order and, in support thereof, sets forth the following:
1. Movant is Velma Conway, an adult individual with a residence address of 12
Longview Avenue,North Caldwell, New Jersey 07006-4713.
2. On June 26, 2008,Velma B. Gebhard executed a Durable General Power of
Attorney. A true and correct copy of said Durable General Power of Attorney ("Power of
Attorney") is attached hereto as Exhibit"A" and is incorporated by reference.
3. Pursuant to the Power of Attorney, Velma B. Gebhard appointed Velma G.
Conway or Terry J. Gebhard as her agents.
4 Velma B. Gebhard is a resident of Thomwald Nursing Home and has been a
resident of that facility since November, 2011.
5. Velma B. Gebhard owns residential real property known as 630 Devonshire
Drive, Carlisle, Pennsylvania ("Devonshire Drive Property").
6. The Devonshire Drive Property has a legal description as follows:
7. On or about July 11, 2013 Movant filed a Petition to Sell Property with this Court,
a true and correct copy of the Petition to Sell Property is appended hereto as Exhibit `B" and is
incorporated by reference.
8. On November 27, 2013, this Court, Placey, J. issued an Order making a
Stipulation executed by the attorneys for the agents of Velma B. Gebhard an Order of Court. A
true and correct copy of the Order is appended hereto as Exhibit"C" and is incorporated by
reference.
9. Since entry of the Order, issues have arisen regarding the listing of the Devonshire
Drive Property with a realtor as directed by this Court in the Order/Stipulation.
10. Movant believes issues will continue to arise which will not be resolved by the
agents for Velma B. Gebhard.
11. Movant requests this Court appoint an independent master to resolve any and all
issues which may hereafter arise relating directly or indirectly to the listing and sale of the
Devonshire Drive property.
12. Movant believes it will require the intercession of this Court to modify the
Order/Stipulation in a fashion which reasonably leads to the listing and subsequent sale of the
Devonshire Drive Property.
WHEREFORE, Movant respectfully request this Court set a hearing during which the
parties may produce relevant evidence to determine when and how the existing Order/Stipulation
should be amended and/or modified and for consideration of Movant's request for the
appointment of a Master.
Respectfully submitted,
— BARI CHERE LC
6 David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
II
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* * * * * NOTICE * ** **
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON
YOU DESIGNATE (YOUR"AGENT") BROAD POWERS TO HANDLE YOUR I
PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE
OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU
�i OR APPROVAL BY YOU. I
(I THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT
TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED,
I YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT IN
ACCORDANCE WITH THIS POWER OF ATTORNEY.
i I
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT !
YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU
i EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE
POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S i
AUTHORITY. j
i
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR
AGENT'S FUNDS.
A COURT MAY TAKE AWAY POWERS OF YOUR AGENT IF IT FINDS YOUR
AGENT IS NOT ACTING PROPERLY. i
I
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF
ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA. C.S. CH. 56.
IF THERE IS1ANYTHING ABOUT THIS FORM THAT YOU DO NOT i
UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO I
EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I
UNDERSTAND ITS CONTENTS.
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'�1GPirrn� � �e>lr'�Yu� (o a(o-og
Velma B. Gebhard, Principal Date
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EXHIBIT "A" j
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POWER OF ATTORNEY
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KNOW ALL MEN BY THESE PRESENTS, that I, Velma B. Gebhard, of j
Cumberland County, have made, constituted and appointed, and by these presents, do I
Ij make, constitute and appoint my son, Terry J. Gebhard or my daughter, Velma G. ;
it Conway, my true and lawful agent for me, and in my name and on my behalf generally
to do and perform all matters and things, transact all business, make, execute and
ji acknowledge all contracts, orders, deeds,writings, assurances and instruments which
may be requisite or proper to effectuate any matter or thing appertaining or belonging to
Me, with the same powers, and to all intents and purposes with the same validity as I
could, if personally present; hereby ratifying and confirming whatsoever my said agent
! shall and may do, by virtue hereof. In addition, my agent shall have the following
powers as set forth in 20 Pa C.S.A. Section 5603:
A) Power to make limited gifts.
B) Power to create a trust.
C) Power to make additions to an existing trust.
D) Power to claim an elective share.
E) Power to disclaim any interest in property.
F) Power to renounce fiduciary position.
I G) Power to withdraw and receive.
H) Power to authorize admission to medical facility and power to authorize
medical procedures. !
1) Power to authorize medical and surgical procedures. i
J) Power to engage in real property transactions for any real estate owned
by me including but not limited to 630 Devonshire Drive, Carlisle,
Cumberland County, PA.
K) Power to engage in tangible personal property transactions.
L) Power to engage in stock, bond and other securities transactions.
M) Power to engage in commodity and option transactions. I
N) Power to engage in banking and financial.transactions.
0) Power to borrow money.
P) Power to enter safe deposit boxes. I
Q) Power to engage in insurance transactions.
R) Power to engage in retirement plan transactions.
S) Power to handle interests in estates and trusts.
T) Power to pursue claims and litigation.
U) Power to receive government benefits. I
V) Power to pursue tax matter.
Said powers as set forth in the statute are incorporated herein by reference.
i
BEING mindful that my affairs be properly managed notwithstanding any future
disability, this Power of Attorney shall not be affected by my disability. In the event of !
my disability, my said agent shall have all of the powers as set forth above.
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I� IN WITNESS WHEREOF, I, the above-named Principal have hereunto set my
►I �
I hand and seal on this the d of June, 2008.
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j Velma B. Gebhard, Principal
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COMMONWEALTH OF PENNSYLVANIA
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SS.
COUNTY OF CUMBERLAND
On this, the 3tiay of June, 2008, before me, the undersigned officer,
personally appeared Velma B. Gebhard, known to me,to be the person whose name is
! subscribed to the within instrument and acknowledged that she signed same for the
! purposes therein stated.
I IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
1
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Nam=Seal i
Amanda L BemMael,NOWY Public j
i CaAbIO BOro,CumbeAend County
Canmlaelo0 E�Nee Ap1917.2010 j
,Ipm}1q/.P(VIMyNPNe AS5coation e1 NptaAes
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AGENT ACKNOWLEDGMENT
I, Terry J. Gebhard, have read the attached power of attorney and am the person
identified•as the agent for the principal. I hereby acknowledge that in the absence of a
specific provision to the contrary in the Power of Attorney or in 20 Pa.C.S.A. when I act
!I as agent: i
I shall exercise the powers for the benefit of the principal.
I shall keep the assets of the principal separate from my assets.
I shall exercise reasonable caution and prudence.
I shall keep a full and accurate record of all actions, receipts and disbursements
on behalf of the principal. i
IN WITNESS WHEREOF, I the above-named agent have hereunto set my hand
and seal on this the )�lay of J 2008.
SS: G�
' (SEAL) i
Ter J. Gebhard, Agent
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this, the,)'10421 day of June, 2008,.before me, the undersigned officer,
personally appeared Terry J. Gebhard, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that he signed same for the
purposes therein stated.
i
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
��:�rlt8-�tE�a 7lj .�it klu��I"
Notary Public
COMMONN NTH O PENNSYLVANIA I
NoroAd Seel
Amanda L SemNeel,Notary Pubfic i
Cafte Boca,Cumbeaend County
my Caimlbaim g April 17,2010
Membef P!nn-*Mla Aesodation of Nolades
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AGENT ACKNOWLEDGMENT
I, Velma G. Conway, have read the attached power of attorney and am the
person identified as the agent for the principal. I hereby acknowledge that in the i
absence of a specific provision to the contrary in the Power of Attorney or in 20
Pa.C.S.A. when I act as agent:
�i I shall exercise the powers for the benefit of the principal.
i
I shall keep the assets of the principal separate from my assets.
I shall exercise reasonable caution and prudence.
I shall keep a full and accurate record of all actions, receipts and disbursements
jon behalf of the principal.
IN WITNESS WHEREOF, I e above-named agent have hereunto set my hand
and seal on this the a�fu day ne, 2008.
I
WI
(SEAL)
Velma . Conway, Age
COMMONWEALTH OF PENNSYLVANIA 1
SS.
COUNTY OF CUMBERLAND
On this, the a 'day of June, 2008, before me, the undersigned officer,
personally appeared Velma G. Conway, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that she signed same for the
purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
I
Notary Public
NWEALTH OF PENMYLVANLA
NoletW Seal �
Uy aede L SwMis ,Notary Pudic
*Je Sm.Cumberian0 Crony .
a�""km 89ftgAprA 17.2010
of Notaries
I� I
IN RE: VELMA B. GEBHARD IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
PRELIMINARY DECREE
AND NOW, upon consideration of the Petition To Sell Real Property, a Citation is to be
issued upon Terry J. Gebhard, to show cause, if any there be,why the Court should not approve a
sale of the Real Property and order and direct Petitioner to take all steps and actions necessary to
list the Real Property for sale and consummate a sales transaction for the Real Property in
accordance with the terms presented in the Petition.
This Citation shall be returnable the_day of , 2013,
at a.m/p.m. in Courtroom No. _of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
J.
EXHIBIT "B"
IN RE: VELMA B. GEBHARD IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
CITATION
AND NOW, this day of 2013, upon consideration of the within
Petition To Sell Real Property, it is hereby ordered and decreed that a citation is awarded,
directed to Terry J. Gebhard, to appear and show cause, if any there be, why Court should not
approve a sale of the Real Property and order and direct that Petitioner may take all steps and
actions necessary to list the Real Property for sale and consummate a sales transaction for the
Real Property.
CITATION returnable the day of 2013, at
a.m./p.m. prevailing time in the Orphans' Court Division, Court Room Cumberland
County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
J.
IN RE: VELMA B. GEBHARD IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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NO. c X.-C>::0 rn M
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PETITION TO SELL REAL PROPERTY L ° � �' -,i
AND NOW, comes Petitioner, Velma G. Conway, agent for VeIng!6'GebhqK4,byranCly
• s �
through her attorneys, BARIC SCHERER LLC, and files the within Petition to Sell Real
Property and, in support thereof, sets forth the following:
1. Petitioner is Velma Conway, an adult individual with a resident address of 12
Longview Avenue,N. Caldwell,New Jersey 07006-4713.
2. On June 26, 2008, Velma B. Gebhard executed a Durable General Power of
Attorney. A true and correct copy of said Durable General Power of Attorney ("Power of
Attorney") Exhibit"A" and is incorporated by reference.
3. Pursuant to the Power of Attorney, Velma B. Gebhard appointed Velma G.
Conway and Terry J. Gebhard as her agents.
4. Velma G. Conway is the daughter of Velma B. Gebhard and Terry J. Gebhard is
the son of Velma B. Gebhard.
5. Velma B. Gebhard is a resident of Thomwald Nursing Home and has been a
resident of that facility since November, 2011.
6. Velma B. Gebhard owns residential real property known as 630 Devonshire
Drive, Carlisle, Pennsylvania("Devonshire Drive Property").
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7. The Devonshire Drive Property has a legal description as follows:
ALL that certain lot of ground located on the West side of Devonshire Drive in
the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
BEGINNING at a point on the West side of Devonshire Drive, which point is in
the line dividing Lots 106 and 107 on the Plan of Section"C"of Heatheriands
recorded in Cumberland County, Pennsylvania, in Plan Book 14, Page 28;thence
along the West side of Devonshire Drive South 04 degrees 55 minutes 50 seconds
East 100 feet to the line dividing Lots 107 and 108 as shown in said Plan of Lots;
thence along said dividing line South 85 degrees 04 minutes 10 seconds West 150
feet to a point in the line dividing Lots 89 and 90 from Lot 107; thence along said
last mentioned dividing line North 04 degrees 55 minutes 50 seconds West 110
feet to a point in the line dividing Lots 106 and 107; thence along said last
mentioned dividing line North 85 degrees 04 minutes 10 seconds East 150 feet to
the place of beginning.
The above described is Lot No. 107 as shown on said Plan of Lots and is part of a
larger tract of land conveyed by Joseph W. Noble and wife to Roy H. Wenger and
Ruth E. Wenger, by deed dated April 21, 1945, and recorded in Deed Book"T',
Vol. 12,page 231, the interest of Ruth E. Wenger therein having been conveyed to
Roy H. Wenger by deed dated March 3, 1961, and recorded in Deed Book"D",
Vol. 20, page 223.
Being the same lot of ground which Carlisle Realty Co., Inc., by their deed dated
July 30, 1965 and recorded in Deed Book"R", Vol. 21, page 409 conveyed to
James B. Gebhard and Velma B. Gebhard, his wife.
8, The Devonshire Drive Property is believed to have a value of$195,000.00. An
appraisal of the Devonshire Drive Property is attached hereto as Exhibit`B"and is incorporated
by reference.
9. Petitioner has attempted to move forward with listing the Devonshire Drive
Property for sale as it is unlikely Velma B. Gebhard will return to the property based upon her
physical limitations and requirements for her activities of daily living to be supported by care
providers.
10. The continued maintenance expenses for the Devonshire Drive Property continue
to deplete the resources of Velma B. Gebhard with no concomitant benefits to her.
11. As Petitioner has sought to move forward with a sale of the Devonshire Drive
Property, her co-agent, Terry J. Gebhard, has failed and refused to cooperate in the sale of the
property or has delayed Petitioner in trying to procure a sale of the property.
11 Petitioner believes it is in the best interest of Velma B. Gebhard that the
Devonshire Drive Property be listed for sale and that a sale of the property be procured.
13. Petitioner seeks approval of the court to such a transaction under such terms and
conditions as the court may direct.
14. Petitioner has discussed listing the Devonshire Drive property with a realtor. The
realtor has provided Petitioner with an estimated range of values for the property and proposed
listing terms. A report from the realtor is attached hereto as Exhibit"C"and is incorporated by
reference.
15. Listing terms have been presented to the Petitioner by a realtor as set forth in
f
Exhibit"D"attached hereto and incorporated by reference.
WHEREFORE, Petitioner requests this Court approve a sale of the Real Property and
order and direct that Petitioner may take all steps and actions necessary to list the Real Property
for sale and consummate a sales transaction for the Real Property.
Respectfully submitted,
BARIC SCjHEERER C
l/t+
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle,Pennsylvania 17013
(717)249-6873
a
VERIFICATION
The statements in the foregoing Petition To Sell Real Property arc based upon
information which has been assembled by my attorney in this litigation. The language of the
statements is not my own. I have read the statements;and to the extent that they are based upon
information which I have given to my counsel,they are true and correct to the best of my
knowledge,information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities.
DATE: {
Velma G. Conway
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••• ** NOTICE*****
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON
!!! YOU DESIGNATE (YOUR"AGENT") BROAD POWERS TO HANDLE YOUR
�E PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE €
i! OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU
OR APPROVAL BY YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT
TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED,
I YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT IN
ACCQRDANCE WITH THIS POWER OF ATTORNEY.
I
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT I
YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU '.
EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE
POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S
AUTHORITY.
fiYOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR
AGENT'S FUNDS.
A COURT MAY TAKE AWAY POWERS OF YOUR AGENT IF IT FINDS YOUR
AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF
ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA. C.S. CH. 56.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO i
EXPLAIN IT TO YOU. {(
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I
UNDERSTAND ITS CONTENTS.
I '
1 ,
Velma B. Gebhard, Principal Date
EXHIBIT "A" 3
i p
POWER OF ATTORNEY I
KNOW ALL MEN BY THESE PRESENTS, that I, Velma B. Gebhard, of j
Cumberland County, have made, constituted and appointed, and by these presents, do I
Ij make, constitute and appoint my son, Terry J. Gebhard or my daughter, Velma G.
Conway, my true and lawful agent for me, and in my name and on my behalf generally
jl to do and perform all matters and things, transact all business, make, execute and
ji acknowledge all contracts, orders, deeds,.writings, assurances and instruments which
I; may be requisite or proper to effectuate any matter or thing appertaining or belonging to
I me, with the same powers, and to all intents and purposes with the same validity as I
could, if personally present; hereby ratifying and confirming whatsoever my said agent
shall and may do, by virtue hereof. In addition, my agent shall have the following
powers as set forth in 20 Pa C.S.A. Section 5603: i
I
A) Power to make limited gifts.
B) Power to create a trust.
C) Power to make additions to an existing trust.
D) Power to claim an elective share.
E) Power to disclaim any interest in property.
F) Power to renounce fiduciary position.
I G) Power to withdraw and receive.
H) Power to authorize admission to medical facility and power to authorize
medical procedures.
1) Power to authorize medical and surgical procedures.
J) Power to engage in real property transactions for any real estate owned
by me including but not limited to 630 Devonshire Drive, Carlisle,
Cumberland County, PA.
K) Power to engage in tangible personal property transactions.
L) Power to engage in stock, bond and other securities transactions.
M) Power to engage in commodity and option transactions.
N) Power to engage in banking and financial transactions. j
0) Power to borrow money. I
P) Power to enter safe deposit boxes.
Q) Power to engage in insurance transactions.
R) Power to engage in retirement plan transactions.
S) Power to handle interests in estates and trusts.
T) Power to pursue claims and litigation.
U) Power to receive government benefits.
V) Power to pursue tax matter.
i
Said powers as set forth in the statute are incorporated herein by reference.
BEING mindful that my affairs be properly managed notwithstanding any future
disability, this Power of Attorney shall not be affected by my disability. In the event of
my disability, my said agent shall have all of the powers as set forth above.
j
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�! IN WITNESS WHEREOF, I, the above-named Principal have hereunto set my i
;! hand and seal on this the P4,?b d of June, 2008.
j�
WIT
j! (SEAL)
j! Velma B. Gebhard, Principal
it
I COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this, the 0 b�— ay of June, 2008, before me, the undersigned officer,
personally appeared Velma B. Gebhard, known to me to be the person whose name is
! subscribed to the within instrument and acknowledged that she signed same for the
i purposes therein stated.
I IN WITNESS WHEREOF, I have hereunto set my hand and official seal. I
r
Notary Public
! cOMMONWEALTHOFPENNSYLVANIA
NobM Seal
i Amanda l BemtiW,Notary Public i
CaANe Born,Cumbedend County
FmycommiNebn FjipYea ADAI 17,2010
'qfl; V.PenMyNPNe Assodatlon of N des !
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AGENT ACKNOWLEDGMENT
I, Terry J. Gebhard, have read the attached power of attorney and am the person
identified as the agent for the principal. I hereby acknowledge that in the absence of a
specific provision to the contrary in the Power of Attorney or in 20 Pa.C.S.A. when I act
jl as agent:
I shall exercise the powers for the benefit of the principal. j
If
;!
I shall keep the assets of the principal separate from my assets.
ii I shall exercise reasonable caution and prudence.
�! I shall keep a full and accurate record of all actions, receipts and disbursements
on behalf of the principal.
I
IN WITNESS WHEREOF, I the above-named agent have hereunto set my hand j
and seal on this the a&-hbay of J 2008.
j SS:
(SEAL)
Ter J. Gebhard, Agent
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this, the aiO�' day of June, 2008, before me, the undersigned officer,
personally appeared Terry J. Gebhard, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that he signed same for the
purposes therein stated. j
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
i
a
Notary Public
COMMONWEALTH OF PENNSYLVANIA j
NOW W Seal '
Amanda L BemN6el,Notary PubrC '
CariW Born,Cumbe tend Counq
MY 001.1001M Apra 17,2010 .
Member P!nn-yh' 19Assodeftri of Notadea 1
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AGENT ACKNOWLEDGMENT
I, Velma G. Conway, have read the attached power of attorney and am the
person identified as the agent for the principal. I hereby acknowledge that in the
absence of a specific provision to the contrary in the Power of Attorney or in 20
Pa.C.S.A. when I act as agent: i
II I shall exercise the powers for the benefit of the principal.
ji I shall keep the assets of the principal separate from my assets.
i I shall exercise reasonable caution and prudence.
I shall keep a full and accurate record of all actions, receipts and disbursements
on behalf of the principal. i
IN WITNESS WHEREOF, I e above-named agent have hereunto set my hand j
and seal on this the �foI day ne, 2008.
I
WI A
(SEAL) I
Velma . Conway, Age-,
OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
On this, the DI'day of June, 2008, before me, the undersigned officer,
personally appeared Velma G. Conway, known to me to be the person whose name is i
subscribed to the within instrument and acknowledged that she signed same for the
purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
I
Notary Public
I i
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Amanda L BeftfssK Notary Pudic
oa nsle sour.cumberierw couoy
Mr n e(PIresApill 17.2010 .
Meeieb e.,,,•�,..M,�mNlMion of Notaries i
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S.W.Barrett Real Estate&Appraisal Services
file No.13-0033
APPRAISAL OF
LOCATED AT:
630 Devonshire Drive
Carlisle,PA 72013-3604
CLIENT:
Berle 8 Scherer,Attorneys At Law
1B West South Street
Carllsle,PA 17013
AS OF:
February 5,2013
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BY:
Cassandra J.Crockett
PA Certified Residential Real Estate Appraiser
EXHIBIT "B"
S.W.Barrett Real Estate&Appraisal Services
File No,13.0033
0212012013
Attorney Dave Bark;
Berle&Scherer,Attorneys At Law
19 West South Street
Carlisle,PA 17013
File Number: 13.0033
In accordance with your request, I have appraised the real property at:
630 Devonshire Drive
Carlisle,PA 17013-3604
The purpose of this appraisal is to develop an opinion of the defined value of the subject property,as improved.
The property rights appraised are the fee simple interest in the site and improvements.
In my opinion,the defined value of the property as of February 5,2013 is:
$195,000
One Hundred Ninety-Five Thousand Dollars
The attached report contains the description, analysis and supportive data for the conclusions,
final opinion of value, descriptive photographs,assignment conditions and appropriate certifications.
RespectNlly submitted,
Cassandra J.Crockett
PA Certified Residential Real Estate Appraiser
Summary
Residential Appraisal Report FaeNi, 13.0033
The purpose of this spherical report ism provide the cheniwhha credible apiner of the defined value of the suthectpropeny,glued the intended use of the appraisal,
owl NameMmtled twee saris&SrJaerer Attorneys At Law E-mai
Chemaddmrs 19 West South Street City Carlisle Sake PA z 17013
AaaltiOnal headed Users The intended user of this report is the Client.No additional intended Users are permitted without the
ermission of the appraisers.
Vnended use The Intended Use is to evaluate the property that is the subject of this apprilippad to pirgariple the Client with ad
accurate and adequately supported inion of value.
Pro a Address 630 Devonshire Drive cry Carlisle Seam PA zda 17013.3604.
Diner of Public Record Gebhard James B&Velma B Court Cumberland
Legal Drear don Dead Book 21-R'Page 409;Borough
Asseswrs Pmcdg 04.22.0481-059 recreant 2612 R.E.Tans;
Ne turbwd Naam Mans, "nd Refamue 22.0481 C Ttea 0124.00
Pr a Ri hMA selsed X Fee Simple j ILemandold Omer tescrihe
M research titl Meet not reveal any prior sales 0r=star$at the sub'ect roe for the three ears pilot lothe effective dam of ills promise,
Prior sdenranstec owe None Prise None sources Courthouse records
Atmrysiscome sale vanOi hhtoryo fihe%*aptopeny(andcamparabk saiecA ) No further reeent recorded transfers ware local
Offerings,options and connacasm,of the effective dam of the spandrel NOnekaOWn
-aaelpM1h6rliou4ChuacteiabcS:'i, 7:&; lrjs"dIenna drBha'gr One11A1iHOdslna, < .Pifselpt.antl USlla..
Location Wban X suburban I Ireland Prournerrevardard, I Incrarrisma WSW* I 11asurnel PRICE AGE- One sit 85%
Built-up WecT5% 254556 I jUndarIM46 11manandeSUPPIN, I IShoruge Xlnaelance. Dwrsb 1 $000 s 24 Unit 3%
'Gtaab>:t LjFdmd XSMbie LJSkvv IMadmMgrm UdtlM3mms X3.61 6mms 150 Lew New Mulf-Fampt, 2%
Neganmh em Boundaries Subject is beunded on the north by Rill 11641;on the east by Rt.34' 600*lead, 100 Commerce 5%
on the south by Marsh Drive.and on the"at by Wellington Drive. 245 area. 39 Dmm Instit'1 9%
Neighborhood perception Subject property is located In an established neighborhood of stable family homes both detached and
'attached within the Surchugh of Carlisle with a mix of residential commarWal and Institutional uses.Sho Plisho and other
amenities are within walking or short driving distance.Sch'ool system is Carlisle District and local eferrefflaryl school is
within.$mile.SMSA 42.3240.
Market CQUAMONs(irmluding wonderer the above conclusions) Property values are current) stable In fhe sub act' ro art 's market area.Local
multi-list data indicates an averse marketing lime of 80-080 days.Lending rates have remained favorable although sates
concessions are cancouring more frequently,There are new homes under construction in surrounding developmmts,as well as
.re-sales available in the nWghbjothood.
oimensi0ns 110 x 150 Area 0.36 Acre MIL Shape Rectangular Dien Residential
s ee4c mein aarsiaceaon Rt 2oan Descri don Low Densit Residential
2ani C fiance X L Le elNOnronmrmin Grandklh¢retl USe NoZanin Ills el tlescdbB
Isms hylkstarmaesU oftha amjectprapertyasi dretl{osasomforeed corpornearm spe;ecaeons)the Fesemusex Weas UNN, arm.denim. -
Wines Pubic Omer describe Public Olhar eretme OM-sl[plm rdvemems—T a Public Private
Dectici X 11 200 am "an ill I I sneer Af X
Ges SadiM Sewer 1C I I I AlleyNone
swi%vwms There are iscrapparent adverse oeaements encnonhments or omor adverse casdidons.
unim One OnewlArOUnit Concrete Slab - Ctewls ace Run anon Wide SlackiAhris Furors' 'HrdwdNn ll
aof Smries 2 X Fulliesemem Pardel Basemen Extellorsedis Alum/BrIdAhou Wells Plaster/Arno
Type IXIDW, I Jan. 5-DeUEnd UNt Basement Area 1224 sq.fl. R0143in eel Shloglelfiurg Trainmen WoudlAv
xiussfiche I jPropposed I jurrodeconic. 6asemamFiash 0% GVa amw AluminuiWAyn Buh Finat Vifirydbhuena
De"n S e Traditional I loading Staged MsuvPp Werectur,rdore DWIftsibeAvat Tliel r/A
rear BUilt1865 .slmmtumba sulaied Storms/Avg Car Shared LJNDm,
Effective age fYrsl 18.20 Screens YeslAv X DrMeva #WCus
Attic None Heads pWA X NW Rroment AmeMtlea WoodSmver a6 Dfiverapentsurfacts Asp halt
Slut wars Omu wd Biecbic X Fro s 42 '. Felme Nane X G ' aofcros 2
Furor X StUnm Cpoin X Cennat Air Oonddonm PdaplDeCk Nona. Porch 2 .-creme #biters
Finished Heated Individual Other Plot None Omer Nona X An. FIEWIL i jouilt in
A Mnces Refe emus 1XIFfamisoven I Ithimsenher I Dis oral Minowred Washed0 ru I 'Other tles'Ib
Rrisheed uenwrtxe ode rAmads: aRooms . 4aetlrPOmz 2.5 alms 2,304 5 mFeetof Glossi.Nti Atea Above Gmae
Aransas Faawies Hardwood fioors'heated sun room the in baths kitchen not reaceml Up-dated;seeuri s •lifts an stairs
to 2nd floor&basement;2nd fireplace In unfinished basement'front&rear porches,frame shed.
Comments on the Improvements Improvements are in average condition with no functional Inadequacies apparent.Prior water damage
noted in ning room from 2nd floor Plumburan leak.Lock has bean corrected.
-- � wiwmar eoorxun wµ.w.m..�. va.mmeon,0th.mmmw.nomnonwisnm�smn�n<uagm.n.,,,.eo
{4`� Pahl l of a (nPaP°'f LfRle PUiWSe Ppp'uL�fl�gt were
■
I� +. M � LPINIWrl005E6A1P
Summary
Residential Appraisal Report Fdenel3.0033
FEATURE SUBJECT i COMPARABLE SALE NO,3 COMFARAatE SALE W.2 COMPARABLE SALE NO,3
630 Devonshire Drive 623 Devonshire Drive 1000 Acre Drive 336 Garland Drive
Address Carlisle Pa 17013 Carlisle Pa 17013 Carlisle Pa 17013 Carlisle Pa 17013
Prowm m sub'en 0.06 miles NNE 0.45 miles SSE 10.42 miles SSE
Sere Price Is E 195,000 Is 214.900 .E 247,110
Sae PaLtyGm� .Atha E 0.005 h. "SuburbanSuburban.s 1 90.17 s.f<' E 111.49 .a
Dap Somces `- Multi-list Multi-list
vergcat e;Sam se Records Courthouse Records Courthouse Records
VALUE ADJUSTMENTS DESCRIPTION TION .4 se.4 .. DESCRIPTION .p sA DESCRIPTION -raAq�..
safe«Fitmm;ng _ . .IVA None,Cash Clsg.Csts/Conv
Caimessidns M 58 0 DOM 35 $6001DOM 3 0
Dale at Salefrme - 312012 712012
Loch Suburban Suburban Suburban
LeasehmmFea Simple Fee Simple Fee Simple Fee simple - Fee Simple
sae 4.38 Aere+l- 10.34 Acre+/- 1 10,52 Ara+/- 1 10,1403 Aere+t•
View I Residential I Residential I Residential I I Residential
2 2516 2 Stb 2 Sto
uali otconsducddn Avere a [Average Avero a I I Average
.' Amal Age 48 Yrs 148 Yrs 140 Yrs 1 141 Yrs
Candtoon Assurance, I Superior 5% -9,7501 Superior rim 1 -21490 1 Superior 10% 1 -24,750
Abow,Glade r,Avamae pmts iev B eah T"'Imme mom uct i m how
Rep'CbrAl 2.5 9 4 13% 1500 8 4 2.5 9 4 2.5
Grostwn Aea40.00 304s.it 2.391 a.ft, -3480 2167 so,ft. 5480 2220s.h. 3360
BMA M4nbshed Best t! Full Sol Full Ssmtl Full asmti
Rooms Below Glade ed Unfinished 2Rms Finshd. •15000 Foshd.Rec Rm -15000
.FUnmiooal Udh Avera a Averment Avera e
Hofticadina I EdyNBSACA IEBEWNmre 2.50 EBBfNone 2.500 HPtCA
EnedwElficientiesens I Tropical I Typical Typical Twice[
Gamporcamon 2 Car appears 2 Cm Dennis, 2 Gar Gana 2 Car Gar
'pmcHPatiolorm Porches/Shedl PorChIFP 3,000 Ent /Partial 2500 PorchfisatiolFP 2,000
2 FP's FPi8hed
Amenities Sec.S stem None 1600 None 1060 Su nor -10000
WA smYnt 5 25,010 44,390
Adjamed Safe Price %:Net Atlj. -2.7%1 Net Atlj. -11.6% Net Atlj. -17.9%
of as - ` _ '.'''.;�Gar.¢ 10.91 189 770 scusibil 22.3%1$ 109 90 Coos 22.3% 1 203,110
SummarypismiescomparisonApphoach All com arables are similar in style,utility,and location to the sub act prippert,are vorthed
closed sales,and are the best curmntl available.No closing costs ad ustme tit for soles#18 3 since they were sold below
list.Sale#i had'up-dated baths interior repainted;sales#2&3 had been more extenslyarry remodeled newer kitchears-
additlonal amenities in sale#3 include security system,back-up onoraWr,and an indoors a.
Adjusted range of value is 189,000 to$203,000,say$195,0W
>Y,
sitevarue Commenp Site value from eument assessment data and recent local land sales.
ESTIMATED REPRODUCT%}NOR REPtACEMENTC TgEw OPIN 'OFSITEVALUE........................................=1 96000
Sourceofcasidata Disarm Sit.Ft. E .....,...,,,=E
Ili tae Nan cost seMC'e Eftribredaeolwstdide .Fr. 1 ,...........=1
Commenaon ostA roach losslMn areacaieuppons,dereciairmetc.
Cost roach from Marshall/Swift Valuation Service Gam elCar on 5.Fl. s ............=E
handbook and local cost ahai sls was considered but Torn ES"amofcost•rsew ............=s
deemed not credible due to the a a of the Improvements. Less Ph hI F lrcfiond Exl@laa
Site value from Market Data. edaban based on ifs adaeoa =a
observed condition and Market Data Analysis.Estimated Depreciated Coined improvements—.........._.................=s
remaining Economic Life is 35.40 ysdI •psis value oisim raveme«s......_............... ........=s
INDICATED VALUE BY COSTAPPROA N...................... =1 0
JNCOMEAPPN6AiaTOV�it� - •. •; - ; . --_: -. :'::.
Estimated monthly Market Reins 0.00 %Grose Rem Multi lar 0.00 =1 0 Indicated.Value b Income Approach
5wnmaryotkxane AprgoarA Om7:wrg supponmr manzlmmarm GRM}
maleatedvaae : smeseom eris..A reac14195 900 CMAPPIONCIrfirriarthrIPMUS 6 lnemneA roach ddeveio L 6
Market Anal is consistently supports my opinion of market value.Cost Approach and GRM were found inappropriate for this
anal is.Greatest wed t is applied to the Market Data Anai "s.Sulasonfirdid file irdormation substantiates these estimates. -
This appraisal is made X"aSir: subject he completion per plans and specificatone on me basis of a hypommicalconther matte improvements have beencomplepd
T ,
{_Istramcl to the edowil,meahs oralterahonson mebassol a hypothetical condition that the mpahs or aldrations boo been completed ❑wbjectio the mllowing:
Retied on the scope a t wwk,ossumptimrs,Iimaip9 cogdagns end appraiser's czrtMlcatlon,my{our)opimm�of rJm de[im.M vawe el f ne red proper ty
that isthe5ubjectoflhisrepo0 is$ 195,000 as or 02105/2013 which is the enectkno date oethis appraiser.
-"` w 9,00ftSUeq.tC%pn"i'}M[T.maY,wtim tbiNn eM^i 1XCA6ImpMSa.OxgISIXWa Rwrtµ.M.MRgMMwae
'^2par Pdpepol< IpP4a"'IGmer4 Pyipme dPNEWRepal oYNlo
h cPwrm.-torovvmo
}. „,,,.,-,,...,.: ,.�:...,,... S.W.Barrett Real Estate BAppralsai Services iI
I
T
Summary
Residential Appraisal Report Fkw. 134033
Swpe of Work,Assumptions and Umiting Conditions
ScapeWw k Is deffned In the Uniform,SMAdWdsell'Tolesslaral APPISISM Practice as-the type And went W research And walyfitir In wr
esmgnment'to Shan,acopeaswork is simply whwthaappmherdidmddidnwdddmringtheeoursa Wtheassignment,hincfodes,busssnot
Ibmhed to:the extent towhichthe prepem,is Iticndfied and inspMed,thetypeand eamnt aidma reseorcned,the type and wentof anayses applied
to arrive G opfolons or cmafoslone.
Tnesaope W fnhapprahafMdmsukrgdlswssbn in misreponarespecifictotherseeda W itreGmen,What idenA(sed intended usersantltothe
inmdedust"dh up bThismperpv siepaaetlbhed, sokassd exctuaive�scotihsGmmentlothei Mendfsm§dmtledusersaardseftlemkkd
intmtled uaeandhs uscbY anyWhtt parties isprohhlted.Thaepprmser ianmresporsasbieTdrurmutlsoriz eduseasfherepon.
The apprmaeescertdic glen appearing In this appromm import Is sublecttomefolbwing contlhfons end tosuch W her spackle canditlena as are
setforth by the mprafser In lherepon.Allestmordinory,assumptlonsand hypothetical:andifrinswestptttl Inthe repen and might hweattectedthe
ass)gnmeniresulrs.
3,The oppmi5H 9aadmeam b[anewlsma fegai Beata AMBd%tlitplOpeMe abedmdm Opens,Bet dptidmappelp,meadl SMap7NmeSmme dMehlbb
essmredm fx paotlardsmslxabk.The pmpeityh opfaisedas ftMhudef sesponst*mmelsldp.
3.Any dem b,mss repon may ddwapprodmafa dheinicm eM b hduded odym ante the leader In dswWn me propeM.Tm apprmn has mde m surveys the mopeM.
A iheeppmfttris mlrequhetlmgivet esslmaMGappear lncoua DNelrseal Acting metle meapprmsei Mmrekrememdm plapeMmgrtsGOn,urdenenayamems Mveamn
pmdmayaRm maim. ,
6.Neaher aA mraMpanmmemnmmmmb mpaB,mpyarodmr mmumeiem(mAdMpmfxfusbns esrodk propefyvalw,ImderdymmeapprabEe pMpsdaneidedpmdmz
m me irmwidl which me apprehn h mnneded),shat mused Im airy pmposs's byailyom 6mmecaem aM omef Imemetl USEm esdmshd in tlds repoM1 net shoe b m mrMyed oY
eMOm mete pubkmrougn'edrelddng,farads rmadom,rwws,sties,m omen med'a.wimom Om wdmn mmmd al tlrt appraiser.
S,im apgahn»S�dstgsEtlkmmenGmttlkeppreaatrepohuNeureg3redbyappf�da4wot a5gled4 edfnmethdbrm5tardemsmProlessknalf�yprailelPramee.
fi.mlormaharresdmates.sMap7nbrtNrtdshctlmme epp>ebar.endmrrtafmtlerdemp+n,wsaaMainepiromswrtttsmnskaredrtyWb ardba6evedmbe wsa�dearrccf.
Nowetes,m2spowNSiymr aauarymsuch lams lumbmtlmdre ppralserbemamtlbydmeppahM,
T.The appraiser assmmes man meet am he hildim 1unapparemmMaom m me proPOM,SYbaoQAl smucolfes,wnichwoutl read hmete a IMOhmNE.Theaplmiselassumes
nofespon"p,Im nxtcoedlimr4orlofengimedngm Mong,whkh migmbetequhetlromsmwr such foram.ThIssppmkN hmtenensimwRmal sot mem IN die trophy And
dpmrmibamnsidmMaESUM.
a.TnaapplahefspedefaasinmeMNdbnmseesprepedyend bnma poneimpedaf,MdldnpaaBaattM,aaUMesetgMeef,m smmdereipes4Unk55omawisanGEd.Theagenah s
did mtmndun me breathe types hemobsernomU al me Idnd mended m seek and d(smser moperyddres The venino WdR prepertyart aryhMfpaemmd IS in purposesal
derebpinpanoo*nanisedeGmdfaWmdrclpWfty.W'endreintmdeduseof Odsmipswem'Stemglan mWmgmld'0=based0nwOamobwmtomoNy.rte
eWmher tghmmspedal aaperQe sepmmrre homes mldildmp,em msllmintl m:loundatlon set&ment basernem mddmepm rtermwow desownp(m mMr)Ineca.PeekllesfeTdn,
radongas,kadoasNpaaLLmoitlmtm§'ammemaiisPxs UmenomamfseMdmaQmedtmi¢ispskmsxmenmasdsak6oimmd.
T7ts epfxaahaiseponsivAM mlDe usedwdmimempliVeCosmimAre drMse«bmsmme prcsemttabsercaleded .TheGmthinAdd asdamawapsdmen>INoygw6ied
expenstoimpenaM edtlrtss afaas mmmm�,@mpeaaemnditionsare dismaeretl.tiro opaika of valuS mMbeedecma.
Unless otherwlse noted,me appmmer assumes the arompdnen6 mm canatasm the subjeG property Impmvemengs)ore tundamentaly Sound and in
wommgomsr.
AnyNessrrgmdx papa rytymeappra3urwasamyedmmadSY ObseneWemeax sAaessomEmise rwkda9maM ttawi sPetteeasweesM esasffia.TmappngttdH+axmort
Nrll(Um.EOm aroednpsorgtlrcfhem3dms meYmsoiadxvrtwmgINmepmpeM.
p.Appelsah NWhirrp hYpomedFalmrdaiam reWtetlmmmple tanaf mwtonsout tlon,rapeusmeheratimlBm cased on tl1e 85EOmpson mat MhsamgeUOn.diemtlonarcpeisswfl
w mrrmemrolypedmnnd.
id.ur Sga6mfdedummCdsapmakmyrecl6EaAyi desis5wsmpapertynwra+rnsmslage,adsappietsaidmuPomtbeuseat«sxhpurpases.Repredwtlonor
cepcotdt ,wkht defimdonal asp V&WImmraahreWnpumosesf2f fdirenmECmrmedsacmfmsasgmoent ineoacnitia,mva cusadmmbasxgmnemh y
mbemnshrcmweh meaEEn'fionmlmuaakvdue fd pfbpeMtnprtenee m+eregWYn.
dl.The ACI General Purpoaa Appraisal RePan(GPAR°)IS rwlln"cled for use In hansaGlonsmaf require dFannie Mae lddalFreddie Mae Tb form,
alsoknown as the Uniform Residemlm Appraises Report(URAR).
AddidortMeommmm RGwtd Ta Seope GtWWk ASSumpUWSsand Limiting Gondf lm
�ry raa«+a.ewweun mrrmr.,.sewe� Iwwww.e rm;nwnw.,.aww.ms�.aw.sxon
Been i
>ipllar Maa�IGeatl MYaxµp®la[o'e la
)
GrMI(d 106irAa
Summary
• Residential Appraisal Report FileNa 13-0033
Appraiser's Certification
The appraiser(s)ceforthe that,to the best of the appraiser's knowledge and belief:
1,The slalemenle of fact cllmained in This report are uue and correct.
2.The reponed analyses,opinions,and conclusions we limited only by the rsponed assumpnans and Touting conditions and are the appraisers personal,impartial.and unbiased
prolessiorul analyses.opinions.and condusons.
3.unless otherwise stated,the appraiser has no present or prospective interesno the property that is the subject of this report and has no personal interest war reaped to the Parries
involved.
4.The appraiser,has no bias with respect To The property Thetis the subject of This report or to the pains involved with Ibis assignment.
S.The appraisers engagement in This assignmem was not wntingem Upon developing or reporting predetermined results.
6.The appraiser's compensation for co ninedng this assignment is not wntingem upon the development or reporting of a predetermined value or direction in value thatlavoa the cause of
The client,the amount of The value opinion,The assiment of a stipulated result,or the ocwnence of a subsequent event directly related to the intended use of this appraisal.
].The appraiser's analyses,opinions,and conclusionswere developed,and this report has been prepared,in conlorm ly with the Uniform Standards of Professional Appraisal Practice.
8,Unless otherwise noted.the appraiser has made a personal inspection of The property that is the subject of this repon.
9,unless noted below,no one provided significanueal property appraisal assieance to the appraiser signing this certification.Significant real properryappraisal assistance provided by.
Additional Ylffications:
Definition of Value: ❑Market Value ❑OtheTValue:
Bourse of Definition:
ADDRESS OF THE PROPERTY APPRAISED'.
630 Devonshire Drive
Carlisle PA 17013-3604 _
EFFECTIVE DATE OF THE APPRAISAL:0 210 512 01 3
APPRAISED VALUE OF THE SUBJECT PROPERTY$195,000
APPRAISER ry n SUPERVISORYAPPRAISER
// g5`4]t Signature'.
Signature ¢ Name: Steven W.Barrett SRPA SRA ASA _
Neme'. Cassandra) Crockett state Cemficanonp GA000295L
$Tate Cerdinufian a RLOO1348L:
or License a
or Licanae p
Or other(tlesnibe)'.
sate p' stare: PA
saw:PA Expiration Date of Certification or license', 06/3012013
Date of Signature: 0 210 21201 3
Expiration Date of Certihcatianar License: 06/3012013 DamafPmpeny Dewing:
Date of Si9nawre and Report' 0212012013 Degree of property viewing:
Date of Properly Viewing'. 02105/2013
Degree of property viewing: ❑interior and Exrerim ❑Exterior Only X❑Did not personally vim
❑% Interior and Exrallor ❑Eterior Only ❑Did nor personally view .mm y
Piww.e.POS•mm...eew ex.m;„rw,..ace.=m mraPnanie]WS-xro..aomvoPxaooxme.m... InUMOw
VBped01d 14eaa°IGPMIa PNp05P/ypGPM ate)114 n.o
r^
'par,
,,,, ,,,, S.W.Barrett Real Estate a Appraisal Services
File NO, 13-0033
USPAPADDENDUM
Borrower:Velma B GEBHARD
Property Address:630 Devonshire Drive Zip Code: 170133604
City: Carlisle County: Cumberland State: PA P
Lender: Boric&&Scherer Attorne s At Law
Reasonable Exposure Time
My opinion of a reasonable exposure time for the subject property at the market value stated in this report is:90.180
Additional Certifications
)(❑I have performed NO services,as an appraiser or in any other capacity,regarding the property that is the subject of this report within the three-year
period immediately preceding acceptance of this assignment.
O 1 HAVE performed services,as an appraiser or in another capacity,regarding the property that is the subject of this report within the three-year
period immediately preceding acceptance of this assignment.Those services are described in the comments below.
Additional Comments
SUPERVISORY APPRAISER(only it required):
APPRAISER: /�
�! _. 4 Signature:
Signature: ����/ """ Name: Steven W.Barrett SRPA SRA ASA -
Name: Ce and a J Croc ken 0 2/0 212 01 3
0 2/2 01201 3 Date Signed:
Date Signed: State Certification#: GA000298L
State Certification#:RL001348L
o or Stele License#I
r State License#:
or Other(describe): State#: State: PA
Expiration Date of Certification or License: 0 613 01201 3
State: PA raiser inspection of Subject Prope .
Expiration Date of Certification or License: 06/30/2013 Did Not App P LI
Effective Date of Appraisal:02105/2013 1..�Did Not ❑Ezleriol-only from sveel Interim and Exterior
us=�:xx xumu '
FLOORPLAN SKETCH
Client: Baric 8 Scherer Attorneys At Law File No.: 13-0033
Property Address:630 Devonshire Drive Case No.:
Ci :Carlisle State: PA lip 17013.3604
36'
Pat
Mon... I —� bedroom
an. an.J
nee. an.
Rrtc G
eearoom r bedroom
Mrtc
Bat
i.
3D'
2nd nm.
[// 0 36'
Z9' T
0.
50
NI[Nen �
on.
Gao9F- Sun Room urmg Room
6Y.aR.Mefrv�
Comments:
ARFA CALCULATIONS SUMMARY' - - LIVING.AREA BREAKDOWN
.Celle DeOCriPOOn., 'Net size - NetTatak BFe$_kEmm aubtot�ls. --
c;= Fieet Floor 1224.0 1224.0 siset Floor
f6'A2 Beeoae Floor 1060.0 1060.0 46.0 a 24.0 1152.0
s76.0 576.0 2.0 s 36.0 92.0
FIF Foach 144.0 Beeeaa F1eot
Oovetad'Fatio 'SOO.D 36.0 a 30.0 1080.0
. eetio .72.0 316.0
Net LIVABLE Area (rounded) 2304 3Items (rounded) 2304
PHOTO ADDENDUM
SUBJECT PROPERTY File NO* 13-0033
Property ddress 630 :- .
City:Carlisle
FRONTVIEWOF
SUBJECT PROPERTY
Appraised Date:February 5,2013
Appraised value:$195,000
REARVIEWOF
SUBJECT 3r a
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YM
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STREETSCENE
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File Na.: 13-0033
Client Baric&Scherer Attorne s At Law Case No.:
Pro at Addle55:630Devonshire Drive $ta[6: PA Zi :17013.3604
Cil :Carlisle
r I
- - opposite street view
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Client: Baric 8 Scherer Attorne ns At law File NO.: 13.0033
Property Atldress:630 Devonshire Drive Case NO.:
Ci :Carlisle State: PA Zi :17013.3604
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File NO.: 14-UU44
Client: sent&Scherer Attorne s At Law C6Se Np.:
Pro a Address:630 Devonshire Drive State: PA Zi :17013-3604
City Carlisle
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Flood Information
FloodMap Legend Community:425392-CARLISLE.BOROUGH OF
Rood Zones propeny is not in a FEMA Spacial flood f Uml area
Plop Number 42041CO229E Map Date:OW162009
Areas lnlmdme0 ay Sd0.yea'nooaing Panel:0229E FIPS 42041
Aueas aldzlde of Ne lo0and gd0.yeer fuodp!Sm Zone'%
�i'-k`;x_2. /epos inundaiea
by laa•yem flooding
An,.MWlaaled by 9Qbyoar noamng Will vC. IIY laeasG
f:niln¢r L:nL':,un n.r FIPa.Ha any ,m,.. . ng me nor NCI a..r.n
Flooarroy areas I'epresen[enort ar v aarrandas m any pang cancemmp me comarcrunn waq m
rMadrraY Orons men volotay naaaN c,111n,In(as of Nis hood report,lnlludiryeny enmityn ma 1111.bllltym
L:ue:531orn 1':'lli[vIn14U'yme.l iva' IhVV rm'NCI Bnr m¢feller oI1na
Aldaa of Vndownr nnd a1C'.1aIA Rn"braids iinod re pan Shsll n6VE fill)'ll9 dI 14 any d1YC VBlly 1e1 Bn)'U62 Or n11EUSP al
mie nwo raven.
Ndp2 net maypaa on any paaasnetl Fired
• File No.13.0033
*QUALIFICATIONS*"******
The following checked items are SPECIFIC SPECIAL CONDITIONS that were identified by this appraiser during the
inspection of the subject property,the comparables sales,and their neighborhoods and locations. Unless otherwise
noted,the conditions that apply to the subject property or the comparable sates used DO NOT AFFECT THE MARKET
VALUE OR THE FUTURE MARKETABILITY OF THE SUBJECT PROPERTY BEING APPRAISED. This is not a tome
inspection service. This is an appraisal to estimate market value.
—1. The subject is located in a rural area and is less than 25%bulk-up.
x_2. Commerciallindustriai uses are located within the subject's neighborhood. These uses are typical of similar.
neighborhoods.
_x_3. Vacant and undeveloped land uses are located within the subject's neighborhood. These uses are typical for
the area.
_4. The predominant value in the neighborhood Is less than that of the market value of the subject property. This
Is due to the very wide range of value of properties in the area and superior quality of the subject property.
_5. The subject property is located in a F.E.M.A,Identified Flood Zwrs. Flood insurance coverage is required and
lI! suggested.
_6. Dampness is noted in the basement of the subject. Standing or running water was not present an basement
floor. This condition is considered typical In dwellings of this style.
,7. The subject property is serviced by private well andtw septic systems which is common for the area
lI _x_6. The subject is older than five(5)years. All mechanical systems Including the heating,electrical and plumbing
systems appear upon a visual exterior Inspection to be in working order. No warranties are Implied in this statement.
_x„_g. Repair items were noted in the comments section of the report. These comments on repair Items are for
descriptive purposes only arm are not required repairs. The items listed are cosmetic in nature.
_„_10, The basement floor is a dirt floor. This condition is common and typical for the area,and does not pace a
health or safety hazard.
_„11. The subject property does contain functional obsolescence as noted in the report. This condition is
considered typical and common for the area and this style dwelling.
_x_12. The land value exceeds 30%of total value due to the high demand for vacant lamd in this neighborhood. This
condition is considered common and typical for the neighborhood.
__13. The land value exceeds 30%of total value. This is due to the large sire of the site. This candiuon is
considered to be typical and common.
_14. Individual adjustments went required that exceed 15%. These adjustments were required rue to lack of more
similar comparables on that individual rating. All comparables used are the best available.
15. Total adjustments exceed 26%. This is due to the lack of comparable sales that were more similar In the
subject's market area. All comparables used are the best available.
_x_16, One or more comparable sales are older than six(6)months. Although there are comparable properties in the
subject's area,none have sold recently; therefore,sales in excess of six(6)months have to be used. All comparables
used are the best available.
_17. One or more comparables used were in excess of one(1)mile from the subject property. Although there are
comparable properties in the immediate area,crone have sold recently. Therefore,It was necessary to use comparable
sales outside of the immediate area. All comparables used are located In similar neighborhoods and within the some
marketing area. All comparables used are the best available.
_t6. The electrical system was not connected during inspection.
�19. The water service was not connected during inspection.
_„-20. The heating system was shut down during Inspection.
_21, Roofing__Plumbing_Electrical_Heating_certiflcation(s)is/are suggested,
_22. Inground swimming pool,,out buihhngs____are includedT,not Included,—according to lender's
guidelines.
_23. According to lender's guidelines a maximum of^acres were considered for this valuation. Remaining
acreage was given no value.
i ��
• File ND.13.0033
*�**•'*"*QUALIFICATIONS""'""'*"
_24. The subject property is located on a private road.
_25. Wood infestation inspection is suggested.
__26. Last recorded deed transfer: Date_NIA .Consideration:$_NIA
_27. Proposed constructionlrenovation in accordance to plans and specifications to be completed in a workman-like
manner.
28. Seller is paying part or all of closing costs.
_x_29. All comparable sales are verified closed sales.
z_30. There are no special conditions or other requirements that would affect market value or future marketability in
the Appraisal Report.
31. AMC fee was required in order to accept this appraisal request.
I
File No 13.0033
.""""QUALIFICATIONS
Confidentiality and Security Policy
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confidentiality,integrity and security of clients'personat information. internal policies have been developed to protect
this confidentiality,while allowing client needs to be served.
We restrict access to personal Information to authorized individuals who need to know this Information to comply with
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When we share nonpublic information referred to above,the information is made available for limited purposes and
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We do not permit use of consurearicustomer Information for any other purpose net do we permit third parties to rent,
sell,trade or otherwise release or disclose Information to any other party.
Education
As of the date of this report,I and/or Steven W.Barrett,SRPA,SRA,ASA have completed the requirements under the
continuing education program of the Appraisal Institute and the American Society of Appraisers,
• e• 7�
/ 001<]E S7- EALTM
�CK16 1AP1T 977 Walnut Bottom Road Carlisle, PA 17015
R EA LT0 RS��e —
7n249.1844 Phone: 717.249.1844 Fax: 717.249.1822
David W. Hooke
977 Walnut Bottom Rd
Carlisle, PA. 17015
June 1, 2013
Attorney Dave Baric
Baric Scherer, LLC
19 W. South St.
Carlisle, PA. 17013
Dear Attorney Baric:
Per your request, I've completed a market analysis on 630 Devonshire Dr. Carlisle, PA.
17013. I've enclosed a summary of comparable sales and notes pertaining to each
property.
The subject property is in an excellent location, with a functional 2 story floor plan, and a
usable flat rear yard. Although it is fairly well maintained, it is also very dated, and in
need of cosmetic updates throughout.
The comparable sales are all located in the Mooreland area and are similar in size and
stature to the subject property. The condition and features of each property vary. The
respective sales prices (after any seller assistance is factored in) are: $189,000.00,
$205,000.00, $217,000.00, and $242,000.00.
I have been inside three of the four comparables, and our brokerage was involved in two
of the transactions. In summary, the lowest priced comparable (623 Devonshire Dr.) did
not have a private master bath and had no central air. The property on Hillside also had a
functional issue (sale price of $205,000). The Wilson St. comparable was in relatively
good/charming condition, and had a finished basement; although it is smaller than the
subject. Lastly, although the Belvedere.St. property is on a busier road, it is larger than
the subject, and less `dated' cosmetically.
In summary, based on my review of each of the comparable sales, it is my opinion that
the value of the subject property is higher than comparable 1 ($189,000), higher than
comparable 2 ($205,000), similar to or possibly slightly higher than comparable 3
($217,000), and lower than comparable 4 ($242,000). It is my opinion that the range of
value of the subject property is between $215,000.00 and $230,000.00, depending on
variables such as: clean up/touch up, current interest rates/market conditions as they
EXHIBIT "C"
Attorney Dave Baric
June 1, 2013
Page 2
relate to `time of year'. It would be my recommendation that a fair and reasonable listing
price be $229,900 - $239,900, depending on the motivation of the owner.
It is important to note that there are currently two other properties for sale on Devonshire
Dr. 627 Devonshire is a ranch home with 2430 sq. ft. (larger) and .63 Acre(larger). It is
listed at$299,900 and has been on the market for 226 days. 613 Devonshire is a Cape
Cod home with 2557 sq.ft. (larger)and .35 of an acre (similar). It is listed at$279,900
and has been on the market 188 days. Lastly, 620 Devonshire sold in 2011 and was 2704
sq/ft(much larger)with various updates including a kitchen with granite countertops and
stainless steel appliances. This property sold for$252,500.00. The market history, list
and sold prices of these three properties farther solidify my abovementioned opinions in
the value and suggested list price of the subject property.
This is not an appraisal and should not be presented as one. It is to be represented as a
comparative market analysis for the purposes of giving direction on value and potential
listing price for 630 Devonshire Dr. Carlisle, PA. 17013. Please don't hesitate to contact
me with any questions or concerns.
Sincerely,
David W. Hooke
Realtor/Partner
Pr'operty.'Features '.-, CompAra la Ci#mparableF' Compar',able +. �Compafable
Status Sold Sold Sold Sold
Address 623 Devonshire Drive 1001 Hilside Drive 380 Wilson Street ;624 Belvedere St
Status Date 11/13/2012 5/2512011 419/2012 8/15/2012
#Bedrooms 4 4 4 4
#of Full Baths 1 2 2 2
#of..Half Baths 2 2 0 1
Square Feet Above Grade 2,391 2,434 1,741 2,438
Finishd Sq.Ft Below Grade. '500
Acres 0.3400 0.4400 0.4900 0.3800
ListPrice $219,900 $239,900 $225,000 $259,000
Sold Price $195,000 $215,000 $217,000 $246,000
Seller Help.Closing Cost 6,000.00 10,000;00: 0.00 4,000.00
Days On MILS 56 228 168 14
Disclaimer
iformation provided is deemed reliable but not guaranteed. q 5' li/r�lfr✓�GYr,
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0,6./1812013 TUE 15:26 FAX 7172491822 Hooke, Hooke 6 Eckman ®001/001
r• '
977 Walnut Bottom Road Carlisle, PA 17015
R E A L T O R S c
717249.1644 Phone: 717.249.1844 Pax: 717.249.1822
David W. Hooke
977 Walnut Bottom Rd
Carlisle,PA. 17015
June 17,2013
Attorney Dave Baric
Baric Scherer LLC.
19 W. South St.
Carlisle, PA. 17013
Dear Attorney Baric:
Upon request, Hooke,Hooke&Eckman Realtors LLC.,will provide a Standard PAR
listing contract and associated documents for the purposes of listing 630 Devonshire Dr.
Carlisle, PA. 17013.
The terms of the listing agreement would be a listing price to be agreed upon by the
owner and myself,that may be in the range of value of$215,0004230,000(as referenced
in the market analysis letter). The Listing Agreement shall be for a period of¢months,
and at a commission rate of 6%.
We look forward to the opportunity to work on the sale of this property.
Sincerely, \
David W. Hoo e
Realtor/Partner
EXHIBIT "D"
IN RE: VELMA B. GEBHARD IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 2013-00765
ORDER
AND NOW, this 2,,-day of Y 30 AI-4.-. 2013, upon calling this
matter for hearing and the presentation of the attached Stipulation signed by the parties through
their attorneys of record,the Stipulation is hereby made an Order of Court. Further,the terms of
the Stipulation are hereby sealed and made confidential pending further order of this Court.
--+
BY THE COURT
J.
David A. Baric, Esquire '—� A. ` LAc&-i
Baric Scherer LLC
19 West South Street
Carlisle, Pennsylvania 17013
Bradley L. Griffie, Esquire
'Griffie and Associates
200 North Hanover Street
Carlisle, Pennsylvania 17013
EXHIBIT "C"
CERTIFICATE OF SERVICE
I hereby certify that on January 2, 2014, 1, David A. Baric, Esquire of Baric Scherer LLC,
did serve a copy of the Motion To Modify Stipulation and Amend Order, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Terry J. Gebhard
402 Howell Street
Exton, Pe lvania 19341
1dAIz)z1
David A. Baric, Esquire