HomeMy WebLinkAbout14-5084 Supreme Coy, rtof Pennsylvania
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The information collected on this form is used solely far court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
S Commencement of Action:
Complaint ❑Writ of Summons ❑Petition
E ❑Transfer from Another Jurisdiction ❑Declaration of Taking
C Lead Plaintiff s Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: STEPHEN D.TILEY,ESQ
T
Are money damages requested? ❑Yes 0 No Dollar Amount Requested: Elwithin arbitration limits
0 (Check one) 0 outside arbitration limits
N Is this a Class Action Suit? ❑Yes O No Is this an MDJ Appeal? ❑ Yes 19 No
A Name of Plaintiff/Appellant's Attorney: Meredith Wooters,Esq.,Id.No. 307207,Phelan Hallinan,LLP
❑ Check here if you have no attorney (are a Self-Represented [Pro Se] .Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE.If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑Intentional ❑Buyer Plaintiff Administrative Agencies
❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment
❑ Motor Vehicle ❑Debt Collection:Other ❑Board of Elections
❑Nuisance ❑Dept.of Transportation
❑Premises Liability ❑ Statutory Appeal:Other
❑Product Liability(does not
S include mass tort) ❑Employment Dispute:
❑ Slander/Libel/Defamation Discrimination
E ❑Other: ❑Employment Dispute: Other ❑Zoning Board
C ❑Other:
T
I MASS TORT ❑Other:
O ❑Asbestos
N ❑Tobacco
❑Toxic Tort-DES
❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration
$ ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment
❑Ground Rent ❑Mandamus
❑Landlord/Tenant Dispute ❑Non-Domestic Relations
®Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY El Mortgage Foreclosure:Commercial ❑Quo Warranto
❑Dental ❑Partition ❑Replevin
❑Legal ❑Quiet Title ❑Other:
❑Medical ❑Other:
❑Other Professional:
Pa.R.C.P. 205.5 Updated 0110112011
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
File#: 950153
4
Coy
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Meredith Wooters,Esq.,Id.No. 307207
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Meredith.Wooters@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK,N.A.
C/O WELLS FARGO BANK,N.A. CIVIL DIVISION3476 ,
FORT MILL, IC 2EW 9715 NO.:NO .
Plaintiff,
VS.
STEPHEN D. TILEY, ESQ, in his capacity as Executor
of the Estate of BARBARA A. VANCE A/K/A
BARBARA ANN VANCE
5 S HANOVER ST
CARLISLE, PA 17013-3307
ST. JUDE CHILDREN'S RESEARCH HOSPITAL
262 DANNY THOMAS PL
MEMPHIS, TN 38105-3678
Defendants.
CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK,N.A., by its attorneys, Phelan Hallinan, LLP
and files this Complaint in Mortgage Foreclosure as follows:
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062-PA-V5 Cr /LIS&0 19 l
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1. The Plaintiff is WELLS FARGO BANK, N.A., C/O WELLS FARGO BANK,
N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendant is, STEPHEN D. TILEY, ESQ, in his capacity as Executor of the
Estate of BARBARA A. VANCE A/K/A BARBARA ANN VANCE, with a last known address
of 5 S HANOVER ST, CARLISLE, PA 17013-3307.
3. The Defendant is, ST. JUDE CHILDREN'S RESEARCH HOSPITAL, with a last
known address of 262 DANNY THOMAS PL, MEMPHIS, TN 38105-3678.
4. In order to protect the borrower's privacy, certain personal information of the
borrower (such as loan account, Social Security numbers and birth dates), may have been
partially or completely redacted on the exhibits to this Complaint.
5. WELLS FARGO BANK, N.A., directly or through an agent, has possession of
the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the
Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note
is marked Exhibit "A", attached hereto and made a part hereof.
6. On or about September 25, 2008, BARBARA A. VANCE made, executed and
delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of
$204,000.00 on the premises described in the legal description marked Exhibit "B", attached
hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of
CUMBERLAND County on October 6, 2008, in Instrument No. 200833462. The Mortgage is a
matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P.
1019(8), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if
those documents are of public record.
7. Plaintiff is the current Mortgagee.
8. JERRY D. VANCE was a co-record owner of the mortgaged premises as a tenant
by the entirety. By virtue of JERRY D. VANCE's death on or about 09/13/2004, his ownership
062-PA-VS
interest was automatically vested in the surviving tenant by the entirety.
9. Mortgagor BARBARA A. VANCE died on March 5, 2014, leaving a Will dated January
28, 2010. Letters Testamentary were granted to STEPHEN D. TILEY, ESQ. on March 14, 2014 in
Cumberland County,No.21-14-239.
10. The mortgage is in default as a result of the death of Mortgagor BARBARA A. VANCE
on 03/05/2014 and the mortgaged premises is not the principal residence of at least one surviving
borrower as more fully set forth in the said mortgage.
11. As of 08/26/2014,the amount due and owing Plaintiff on the mortgage is as follows:
The amount due the Plaintiff on said Note through 08/26/2014 is $101,249.98 which breaks down as
follows:
Principal $81,764.55
Interest variable rate(s) $10,900.34
Pre-acceleration Late Charges
$0.00
Hazard Insurance Disbursements $1,065.00
Tax Disbursements $0.00
Property Inspections/Preservation $0.00
PMPMIP Insurance $5,390.09
Other (Service Fees) $2,130.00
(Appraisal Fees) $0.00
Escrow Balance Credit
$0.00
Credits to Borrower $0.00
Total $101,249.98
Per diem interest in the amount of$1.37 will accrue on the principal from 02/05/2014 and thereafter in
accordance with the Note
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law,
actually and reasonably incurred by Plaintiff, including but not limited to,costs(including escrow
advances)and Plaintiff s attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the
above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania
Law to the above amount due and owing when incurred.
062-PA-V5
12. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
13. This action does not come under Act 91 of 1983 because the mortgage is FHA-
insured.
14. Plaintiff hereby releases JERRY D. VANCE, from liability for the debt secured by
the mortgage.
15. Plaintiff does not hold the named Defendant, STEPHEN D. TILEY, ESQ,
personally liable on this cause of action. This action is being brought to foreclose the interest of
the said Defendant in the aforesaid real estate only, and the Defendant has been named in
accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b).
16. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of$101,249.98, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
I By:
Date: I a�' I iy Meredith Wooters,Esq., d.No. 307207
III Attorney for Plaintiff
062-PA-V5
A
VERIFICATION
The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter,that
Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the
time allowed for the filing of the pleading,that I am authorized to make this verification pursuant to
Pa.R.C.P. 1024(c),and that the statements made in fhe foregoing Civil Action in Mortgage Foreclosure
are based upon information supplied'by Plaintiff and are true and correct to the best of my information
and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.
Sec. 4904 relating*to unsworn falsifications to authorities.
Attorney for Plaintiff
DATE:
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
1.0.1.:,1 QI:Altrifip
OFFICE OF THE .1;MERFF
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CUMBERLAND
NT
yPENNSyLVAN/A
Wells Fargo Bank, NA.
vs.
Stephen Tiley in his capacity as Executor of the Estate of Barbara A. Vance (et al.)
Case Number
2014-5084
SHERIFF'S RETURN OF SERVICE
08/03/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within
Complaint in Mortgage Foreclosure upon the within named defndant, St. Judes Research Hospital, in
the following manner: On September 03, 2014 the Sheriff mailed by certified mail, return receipt
requested a true and correct copy of the within Complaint in Mortgage Foreclosure to the defendant's last
known address of 107 E. Main Street, P|ainfie|d, PA 17081. The certified mail return receipt card was
received by the Cumberland County Sheriffs Office signed by Michael last name illegible, adult in charge
for St. Judes Research Hospital on September 8, 2014.
08/03C2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: St. Judes Research Hospital, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage
Foreclosure as "Not Served" at 107 E. Main Gheet, P|ainhe|d, PA 17081. Defendant is not located at this
address.
00/11C2014 04:05 PM - William Cline, Deputy Sheriff served the requested Complaint in Mortgage Foreclosureby
"personally" handing atrue copy 0oaperson representing themselves bzbothe Dohand- � . to wit:
_�
Stephen Tiley in his capacity as Executor of the Estate of Barbara A. Vance at the erland County
Sheriffs Office, One Courthouse Square, Carlisle, PA 17013.
IAM CLINE, D PUTY
SHERIFF COST: $60.97 SO ANSWERS,
September 11, 2014
(C) CountySuite Sheriff, Teleosoft,
(6/2
RONNYRANDERSON, SHERIFF
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
IN Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
. Article Addressed to:
St. Judes Research Hospital
262 Danny Thomas Place
M,mphis, PA 38105
COMPLETE THIS SECTION ON DELIVERY
B. Received by (P
14 C
Agent
Addressee
. Date of Delivery
D. Is delivery address different from item 1? Li Yes
If YES, enter delivery address below: 0 No
cD2o (-1:-
3. Service Type
0 Certified Mello 0 Priority Mall Express"
o Registered 0 Return Receipt for Merchandise
,0 Insured Mall El Collect on Delivery
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(Transfer from Service label)6d7-V7i[Ftibth-3 1-1',13-
; PS Form 3811, July 2013
Domestic Return Receipt
WELLS FARGO BANK, N.A.
Plaintiff
V.
•
. IN THE COURT OF COMMON
• ▪ PLEAS OF CUMBERLAND
• ▪ COUNTY, PENNSYLVANIA
STEPHEN D. TILEY, ESQUIRE, in his •
Capacity as Executor of the Estate of •
BARBARA ANN VANCE, and •
ST. JUDE CHILDREN'S RESEARCH •
HOSPITAL •
CIVIL ACTION - LAW
Defendants : NO.: 2014-5084
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed New Matter within twenty (20)
days from service hereof, or a judgment may be entered against you.
Dated: id -J .2P-0//
Stephen a. Tiley, Esquire
Frey and Tiley
Attorney for Estate of
Barbara Ann Vance
5 South Hanover Street
Carlisle, PA 17013
c_P
(717) 243-5838
Supreme Court I.D.#32318 rn03
cn cD $
cp
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2s
•
Stephen D. Tiley, Esquire
Frey and Tiley
Attorneys for the Estate of Barbara A. Vance
5 South Hanover Street
Carlisle, Pennsylvania 17013
Supreme Court No. 32318
Tel.: 717-243-5838
Fax.: 717-243-6441
WELLS FARGO BANK, N.A. •
. IN THE COURT OF COMMON
•
. PLEAS OF CUMBERLAND
Plaintiff •
. COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
STEPHEN D. TILEY, ESQUIRE, in his
Capacity as Executor of the Estate of :
BARBARA ANN VANCE, and
ST. JUDE CHILDREN'S RESEARCH
HOSPITAL
Defendants : NO.: 2014-5084
ANSWER WITH NEW MATTER
OF ESTATE OF BARBARA ANN VANCE
AND NOW, comes the Defendant, Stephen D. Tiley, Esquire, in his capacity as
Executor of the Estate of Barbara Ann Vance, and files this Answer with New Matter to
the Complaint in Mortgage Foreclosure, of which the following is a statement:
ANSWER
Admitted.
2. Admitted. By way of further Answer, Letters Testamentary in the Estate
of Barbara A. Vance, a/k/a Barbara Ann Vance, were granted to Stephen D. Tiley,
Esquire, as Executor, on March 14, 2014 to Cumberland County, Pennsylvania Estate
File No.: 21-14-0239. (The "Estate" and the "Executor," respectively.)
Answer with New Matter - Estate of Barbara A. Vance Page 1 of 12
3. Admitted. By way of further Answer, the address that the Defendant
Estate of Barbara Ann Vance has for the Defendant St. Jude Children's Research
Hospital is: 501 St. Jude Place, Memphis, TN 38105-1942.
4. Denied. The averments of this paragraph are denied as there are no •
exhibits attached to the Complaint as filed with the Cumberland County Prothonotary
nor as served upon the Defendant Estate of Barbara Ann Vance; and as the
information is outside the knowledge of the Defendant Estate of Barbara Ann Vance.
Plaintiff has failed to attach a copy of a writing upon which a claim is based, in violation
Pa.R.C.P. 1019(i).
5. Denied. The averments of this paragraph are denied as there are no
exhibits attached to the Complaint as filed with the Cumberland County Prothonotary
nor as served upon the Defendant Estate of Barbara Ann Vance; and as the
information is outside the knowledge of the Defendant Estate of Barbara Ann Vance.
Plaintiff has failed to attach a copy of a writing upon which a claim is based, in violation
Pa.R.C.P. 1019(i).
6. Admitted in Part. Denied in Part. (a) It is admitted that there exists an
"Adjustable Rate Home Equity Conversion Mortgage" dated September 25, 2008 and
recorded October 6, 2008 to Cumberland County, Pennsylvania, Recorder of Deeds
Instrument No.: 2008-33462, in the stated principal sum of $204,000.00.
(b) The averments of this paragraph are denied so far as they
concern an Exhibit "B" as there are no exhibits attached to the Complaint as filed with
the Cumberland County Prothonotary nor as served upon the Defendant Estate of
Barbara Ann Vance. Plaintiff has failed to attach a copy of a writing upon which a
claim is based, in violation Pa.R.C.P. 1019(i). (Although it is admitted that Plaintiff
incorporated by reference the mortgage recorded to Cumberland County Instrument
No.: 2008-33462.)
Answer with New Matter - Estate of Barbara A. Vance Page 2 of 12
(c) The averments of this paragraph are further denied in that no
mortgagor, or "Borrower," is named in the mortgage described at sub -paragraph (a)
above. The mortgage of record lists the borrower as: "JERRY D. VANCE DIED
9/13/2004 PRIOR TO DEATH, JERRY D. VANCE WAS MARRIED TO BARBARA
VANCE FROM 1/12/1967 UNTIL DATE OF DEATH."
(d) It is admitted that the mortgage described at sub -paragraph (a)
above was signed by Barbara A. Vance on a line designated "Borrower," however it is
unclear in what capacity Barbara A. Vance was signing for the "Borrower" referenced
at sub -paragraph 6(c) above. Therefore, it is denied that "... Barbara A. Vance made,
executed and delivered to Wells Fargo Bank, N.A. a Mortgage ..."
(d) By way of further Answer, the Defendant Estate of Barbara Ann
Vance avers that to the best of its understanding the mortgage described at sub-
paragraph 6(a) above was intended to be what is commonly referred to as a 'reverse
mortgage' whereby the mortgagor (unclear in this instance) received monthly
payments which, together with interest, increased the outstanding principal balance
monthly, although the mortgage described at sub -paragraph 6(a) above is not
expressly described as such.
7. Admitted.
8. Admitted in Part. Denied in Part. The averments of this paragraph are
admitted concerning a certain parcel of real estate described in deed to Jerry D. Vance
and Barbara A. Vance, husband and wife, dated August 31, 1973 and recorded
August 31, 1973, in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book "I," Volume 25, Page 441, and known as 107
East Main Street, Plainfield, PA 17081. A copy of said deed is incorporated herein by
reference thereto. The averments of this paragraph are denied concerning a
"mortgaged premises" as described in this paragraph of the Complaint, for the reasons
Answer with New Matter - Estate of Barbara A. Vance Page 3 of 12
set forth in paragraph 6 of this Answer.
9. Admitted in Part. Denied in Part. The averments of this paragraph are
admitted except for the designation of Barbara A. Vance as "Mortgagor" for the
reasons set forth in paragraphs 6(c) and 6(d) of this Answer.
10. Admitted in Part. Denied in Part. It is admitted that paragraph 9.(a)(i) of
the mortgage described at paragraph 6(a) of this Answer states:
Grounds for Acceleration of Debt.
(a) Due and Payable. Lender may require immediate
payment in full of all 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 ...
The said provision does not state that death of a borrower, coupled with no surviving
borrower maintaining the property as his or her principal residence, is a default as
averred in paragraph 10 of the Complaint.
11. Denied. The averments of this paragraph set forth claims for principal,
interest, and other charges that are outside the knowledge of the Defendant Estate of
Barbara Ann Vance, or Stephen D. Tiley, Executor of said Estate. The subject matter
and amount of such claims are within the knowledge of the Plaintiff. Strict proof at trial
is demanded.
12. Admitted in Part. Denied in Part. The averments of this paragraph are
admitted in that Defendant Estate of Barbara Ann Vance did receive a document titled
"Notice of Intention to Foreclose" but Plaintiff has failed to attach any such document
in violation Pa.R.C.P. 1019(i), and if Plaintiff had so attached the document, whether
or not the document satisfied the Acts referenced at paragraph 12 of the Complaint is
a conclusion of law to which no responsive pleading is required.
13. Denied. The averments of this paragraph set forth a conclusion of law to
which no responsive pleading is required. Strict proof at trial is demanded.
Answer with New Matter - Estate of Barbara A. Vance Page 4 of 12
14. Admitted.
15. Admitted.
16. Admitted in Part. Denied in Part. The averments of this paragraph are
admitted except that it is denied that Plaintiff has a right seek a judgment of personal
liability against the Defendant Estate of Barbara Ann Vance, even if Barbara A. Vance
was the "Mortgagor" or "Borrower," as paragraph 10 of the mortgage described at
paragraph 6(a) of this Answer states, inter alia: "Borrower shall have no personal
liability for payment of the debt secured by this Security Instrument. ..."
WHEREFORE, Defendant prays Your Honorable Court for a judgment in favor
of Defendant Estate of Barbara Ann Vance, and against the Plaintiff, together with
attorney's fees and costs.
NEW MATTER
17. Defendant Estate of Barbara Ann Vance believes, and therefore avers,
that there is no valid mortgage as the mortgage relied upon by the Plaintiff for this
mortgage foreclosure action, as identified at paragraph 6(a) of the foregoing Answer,
lists the borrower as: "JERRY D. VANCE DIED 9/13/2004 PRIOR TO DEATH,
JERRY D. VANCE WAS MARRIED TO BARBARA VANCE FROM 1/12/1967 UNTIL
DATE OF DEATH." Notwithstanding the fact that the said mortgage was signed by
Barbara A. Vance on a signature line upon which the word "borrower" is typed, there is
no mortgagor named, nor borrower named, in the definition section of the mortgage.
Therefore, the capacity in which Barbara A. Vance signed is unclear.
18. The Defendant Estate of Barbara Ann Vance avers that to the best of its
understanding, the mortgage identified at paragraph 6(a) of the foregoing Answer was
intended to be what is commonly referred to as a 'reverse mortgage' whereby the
mortgagor, whoever that was, received monthly payments which, together with
Answer with New Matter - Estate of Barbara A. Vance Page 5 of 12
interest, increased the principal balance monthly, although the mortgage described at
paragraph 6(a) of the Answer is not expressly described as such.
19. (a) Paragraphs 10 and 12 of the foregoing Answer are incorporated
herein by reference thereto.
(b) Except for the erroneous averment of default at paragraph 10 of
the Complaint, there is no averment in the Complaint of a default by Barbara A. Vance
or the Defendant Estate of Barbara Ann Vance, nor demand for payment to by
Barbara A. Vance or the Defendant Estate of Barbara Ann Vance.
(c) The "Notice of Intention to Foreclose Mortgage" that was received
by the Executor states, inter alia: "The MORTGAGE ... IS IN SERIOUS DEFAULT as
a result of the death of the mortgagor. The total amount now required to cure this
default, as of the date of this letter is $99,385.29." It is submitted that the payment of
$99,385.29 would not cure the stated default. A copy of the "Notice of Intention to
Foreclose Mortgage" that was received by the Executor is attached hereto, marked
Exhibit "C," and is incorporated herein by reference thereto.
20. Immediately after the recording of the mortgage described in paragraph
6(a) of the foregoing Answer an "Adjustable Rate Open -End Home Equity Conversion
Second Mortgage" was recorded to Cumberland County, Pennsylvania, Recorder of
Deeds Instrument No.: 2008-33463, also in the stated principal sum of $204,000.00.
The mortgagor is the same as identified in paragraph 6(c) of the foregoing Answer,
and is therefore uncertain. A copy of said mortgage is incorporated herein by
reference thereto. To the best of the knowledge and information of the Defendant
Estate of Barbara Ann Vance, the unpaid amount due on said second mortgage is
either zero ($0.00) or twenty ($20.00) dollars.
21. By instrument dated April 15, 2009 and recorded April 27, 2009 to
Cumberland County, Pennsylvania, Recorder of Deeds Instrument No.: 2009-13232,
Answer with New Matter - Estate of Barbara A. Vance Page 6 of 12
Barbara Vance, as "Borrower" gave a mortgage to the Redevelopment Authority of the
County of Cumberland in the principal amount of $13,768.00. A copy of said mortgage
is incorporated herein by reference thereto. To the best of the knowledge and
information of the Estate of Barbara Ann Vance, the unpaid amount due on said
second mortgage is $12,588.00.
22. To the best of the knowledge and information of the Estate the mortgage
described at paragraph 6(a) of the Answer had an unpaid balance of approximately
$99,113.16 at the time of the death of Barbara Ann Vance (March 5, 2014.)
23. The total approximate unpaid balance of the mortgages identified at
paragraphs 6(a), 20, and 21 of this Answer and New Matter was, as of the date of
death of Barbara A. Vance:
¶6(a) . Mortgage $99,113.16
¶20 Mortgage 20.00
¶21 Mortgage 12,588.00
Total $111,721.16
24. The mortgage identified at paragraph 6(a) of the above Answer was
given to Wells Fargo Bank, N.A. The mortgage identified at paragraph 20 of this New
Matter was given to "the Secretary of Housing and Urban Development" but the
document was prepared by Wells Fargo Bank, N.A. The Estate believes, and
therefore avers, that Wells Fargo Bank, N.A. is the assigneeor real party in interest in
the said paragraph 20 mortgage. The said paragraph 6(a) and paragraph 20
mortgages are, therefore, collectively referred to herein as the "Wells Fargo
Mortgages."
25. At the time of her death Barbara A. Vance was the owner of the property
known as 107 East Main Street, Plainfield, PA 17081 by virtue of the deed referenced
at paragraph 8 of the foregoing Answer. (Hereinafter "107 East Main Street" or the
"property.")
Answer with New Matter - Estate of Barbara A. Vance Page 7 of 12
26. The Redevelopment Authority mortgage described at paragraph 21
above is believed to be a valid lien on 107 East Main Street. If the Wells Fargo
Mortgages are also valid liens on the 107 East Main Street then the total amount
owned on that property at the time of death of Barbara A. Vance was approximately
$111,721.16.
27. Other than 107 East Main Street, the assets of the Estate of Barbara A.
Vance are, approximately:
Bank Accounts
Life Insurance Proceeds
Newspaper Refund
Cash in Purse
Household Goods Sold at Auction
(Net of Auctioneer's Fee)
Stamps in house
Jewelry
Lottery Tickets found in house
Total:
$2,097.34
3,321.40
4.22
18.76
1,168.30
37.24
220.00
7.00
$6,874.26
28. The Estate paid funeral expenses in the amount of $1,706.00.
29. The Estate paid delinquent taxes returned to the Cumberland County
Tax Claim Bureau in the amount of $1,715.71.
30. The Estate paid has paid electric bills to PP&L, sewer bills to West
Pennsboro Township Municipal Authority, and mowing expenses to a neighbor. The
Estate also paid $875.00 to have the house cleaned out. It is noted that Barbara A.
Vance died in the hospital after being stricken in her home. She had suffered a
medical event in her home that rendered her incapacitated and it was several days
before she and her dogs were found. Therefore, Barbara A. Vance resided in the
home virtually up to the time of her death, without the opportunity to prepare her home
for her moving out or sale. Ms. Vance died without surviving family or relatives.
Answer with New Matter - Estate of Barbara A. Vance Page 8 of 12
31. As of the date of this Answer with New Matter the Estate of Barbara A.
Vance has cash in the bank of approximately $623.39.
32. The Estate paid insurance on the house but it is no longer in force. The
Plaintiff has purchased insurance. The Estate does not have the funds to pay for
insurance.
33. The Estate has never reimbursed Frey and Tiley for probate and short
certificate fees totaling $298.50.
34. The Estate has numerous unsecured creditors, totaling thousands of
dollars. No payments have been made to general unsecured creditors.
35. The Estate of Barbara A. Vance had a duty to maximize the value of the
Estate for the benefit of all creditors, including the Wells Fargo Mortgages if valid liens,
the Redevelopment Authority mortgage identified at paragraph 21 above, and
unsecured creditors.
36. The Estate had the 107 East Main Street property appraised on March
27, 2014, The appraiser concluded to a value of $125,000.00. The appraiser was
Stan A. Skowronek of S. W. Barrett Real Estate and Appraisal Services. A copy of the
appraisal is attached hereto, marked Exhibit "A," and is incorporated herein by
reference thereto.
37. A public auction of the107 East Main Street property was scheduled for
May 29, 2014 and duly advertised. The real estate was offered subject to an unstated
reserve, which was the $125,000 appraised value.
38. At the public auction some of the personal property did sell, resulting in
the receipt referenced at paragraph 27, above.
Answer with New Matter - Estate of Barbara A. Vance Page 9 of 12
39. At the public auction of the real estate the high bid was $76,000 and the
property did not sell. The Executor attempted to negotiate a sale with the bidders after
the auction. The high bidder said that he would increase his offer to $78,000, "tops."
40, The Executor continued efforts to sell the property to the auction high
bidder and to another individual who had expressed interest in the property, but those
efforts were unsuccessful.
41. The Executor asked the owner of S. W. Barrett Real Estate and
Appraisal Services to review the appraisal. The owner identified another sales
comparable and issued a revised appraisal concluding to a value of $100,000.00. A
copy of the appraisal of Seven W. Barrett is attached hereto, marked Exhibit "B," and
is incorporated herein by reference thereto.
42. On or about July 10, 2014 the Estate of Barbara A. Vance entered into a
short term real estate listing agreement for the 107 East Main Street property with S.
W. Barrett Real Estate and Appraisal Services at an asking price of $105,000, with the
special condition that any sale be subject to Court approval. The listing expires on
October 10, 2014 because the Estate knew that if the property did not sell by that date
the Estate would have to sell the property for a lower price to an investor as the Estate
does not have the financial resources to carry the property any longer, particularly over
the winter.
43. There were a few showings shortly after the property was listed. No
party expressed an interest in purchasing the property and no offers to purchase were
made. While there was little activity for several weeks, the original auction high bidder
and another prospect have recently expressed interest in the property and the
Executor hopes to receive at least one offer to purchase the property, but any offer is
expected to be significantly lower than the asking price for the property.
Answer with New Matter - Estate of Barbara A. Vance Page 10 of 12
44, The Executor and the Estate of Barbara A. Vance have made extensive
efforts to maximize the value of the estate so that funds would be available for
administrative expenses, secured creditors, and possibly some funds available for
unsecured creditors as well. (The Estate concluded early on that it was extremely
unlikely that there would be any funds available for distributions to the beneficiaries of
the estate.)
45. A proceeding in the Cumberland County Orphans Court will be brought
to release the property from the Wells Fargo Mortgages and the Redevelopment
Authority mortgage identified at paragraph 21, direct that a judicial sale of the property
beheld, and direct that the net proceeds of sale be applied first for administrative
expenses, second to payment of any previously secured creditors who have a
legitimate claim on the proceeds of sale, third to any other creditors pursuant to
section 3392 of the Probate, Estates and Fiduciaries Code (20 Pa.C.S. §3392), and
fourth to the beneficiaries of the Estate, if any funds remain.
46. The Executor of the Estate of arbara A. Vance, and counsel for the said
Estate, acted reasonably to preserve the assets of the Estate.
47. The Executor of the Estate of Barbara A. Vance, and counsel for the said
Estate, acted with reasonable reliance that the assets of the estate would be sufficient
to pay their fees and other administrative expenses.
48. The Executor of the Estate of Barbara A. Vance, and counsel for the said
Estate, acted with reasonable reliance that if the assets of the estate proved not to be
sufficient to pay their fees and other administrative expenses, that such fees and other
administrative expenses would be a priority claim paid before any other creditor,
including the Wells Fargo Mortgages, if the said mortgages are a valid lien on the
property or the proceeds of a sale of the property.
Answer with New Matter - Estate of Barbara A. Vance Page 11 of 12
49. The Plaintiffs claims in mortgage foreclosure are barred in whole or in
part by the principles of unjust enrichment and/or quantum meruit.
WHEREFORE, Defendant prays Your Honorable Court for a judgment in favor
of Defendant Estate of Barbara Ann Vance, and against the Plaintiff, together with
attorney's fees and costs.
Dated:
e9e,4 '44- 6:00
Respectfully Submitted,
By
Stephen 0. iley, Esquire
Frey and Tiley
Attorney for Estate of
Barbara Ann Vance
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Supreme Court I.D.#32318
VERIFICATION
I, Stephen D. Tiley, depose and say that I am the Executor of the Estate of
Barbara A. Vance, one of the Defendants in the above matter; and that the facts set
forth in the foregoing Answer with New Matter are true and correct based partly upon
personal knowledge and the remainder upon information and belief; I understand that
this Verification is made subject to the penalties of 18 Pa.C.S. §4904, relating to
unsworn falsification to authorities.
Dated: October , 2014
S ephen D. Tiley, Executor
Estate of Barbaralk. Vance
Answer with New Matter - Estate of Barbara A. Vance
Page 12 of 12
EXHIBIT "A"
S. W. BARRETT REAL ESTATE AND APPRAISAL SERVICES
APPRAISAL OF
LOCATED AT:
107 East Main Street
Plainfield, PA 17081-9800
CLIENT:
Frey & Tiley
5 South Hanover Street
Carlisle, PA 17013
March 5, 2014
Stan A. Skowronek
PA Certified Residential Real Estate Appraiser
S. W. BARRETT REAL ESTATE AND APPRAISAL SERVICES
0312712014
Frey & They
5 South Hanover Street
Carlisle, PA 17013
File Number: 14-0084
In accordance with your request, I have appraised the real property at:
107 East Main Street
Plainfield, PA 17081-9800
File
14-0064
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 March 5, 2014
5125,000
One Hundred Twenty -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.
Respectfully submitted
Y----
0 v.! f v
Stan A. Skowronek
PA Certified Residential Real Estate Appraiser
Summary
sidential Appraisal Report
File No. 14-0064
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The purpose of this appraisal report is to provide Pre client airlr a credible opines cite defttedvalue of the subs t ptcperry, given the intended use el the appraisal.
Client rvaraenrtendedUser Frey & Tiley B -mutt N/A
oClientAddress
5 South Hanover Street Cite Carlisle Stare PA Zip 17013
a.Addeonel
IntendedUeet(s) The Intended User of this appraisal re.ort is the Client. No additional intended Users are permitted without
'a
the permission of the appraisers},
lore. dune The intended Use is to evaluate the property that is the subject of this appraisal to provide the Client with an
accurate and adequately supported opinion of value.
Property Address 107 East Main Street Cite Plainfield State PA Zip 17081-9800
t-
Owner of Public Record Vance, Barbara A Cusnry Cumberland
w
Legal Descdpaon Deed Book 251, page 441
fQ
Asses sorsParcel € 45-18-1392-029 Tax Year 2013 R.E.Tax esi 1,911,00
NerahborhoodName Villa a of Plainfield Idaopelerence 18-1392 Census Tract 0128.00
PtcaeriRiphfsAooraisud XFee Simple • Leasehold Other(describe)
My research l did EX 'did rot reveal env prier sales or transfers of the sub" ec'property for the three years prior to the eirectitre dale of this appraisal.
Prior Saie!Tranafer. Date 08131/1973 Price $24,900 Soarce(s( Deed
transfer history of the sublect property (and comparable sales, if applicable) No prior transfers of the subject within the past 36
Analysis Of poor sate or
months. nor were there any prior transfers of the comparables within 12 months of their sale dates.
a-
cr
0
I-
to
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W
J
Ce
N
O errss<op ons asdcanne= as of the effect uta se of the appraisal None noted
Neigheorhaod Chuacieristics
OnekinitUeusingTrands -
One•UnitHoustrtg
Presenttiuid Use56
Location
Urban
X Suburban
Rural
Property Values
Increasing
X Stable
Declining
PRICE AGE
One•Ursa 50 4f
Suea-Uo
O er 15%
X 25.75%
Under 25%
OemandtSupnly
Shortage
X, In Balance
Chet Supply
5(000) NIS) 12-4 Unit 0 S5
C-rov...
Rapid
X Stable
Slow
SfarkeInn Tune
Under 3 tr;irs
X 3.6 malts
Over 6 nit hs
100 id°w 25 I Mulri-Family 0 %
O Nerghborhradeou:tdaties The subject is bounded on the north by -Creek Rd, on the east by
150 won 100 iCommerciaf 10
oMcClures Gap Rd, on the south by route 641 and on the west by Grahams Woods Rd.
120 Pred. 5tt it Other Vac 40 ?t
o NeighborhoodDescnpr:on The subject is located along a secondary road populated by homes of varying size, style and quality.
i Commercial use is within the subjects neighborhood. It Is within close proximity to ammenities such as schools, shopping
w and employment.
z
Marialcon alitnisi;nL>.edirigsuppertfor the abovecuectasic ') See Attached Addendum -
eirnensions 158x85 Area .31 ac Shape Rectangular View Residential
Soedfr Zoning Ctassi6.aoon R2 Zonlna C__crrptlor Residential
ZonirurCompliance 1Xliera€ [] Lena ltdencenfarmtrp(Grandtatheredt:se) [ No Zoning [ ]tgeoalfdescribe(
Is the highest and best use of the subIect property as improved (or as proposed per plans and speci cations) the present rise? U Yes U No It No, describe.
Utilities Public Other(describe) Public Other (describe) ON•site improvements—Type Public Private
tY
ur Elzc: Iry ix
i 100 amp wacer
LX
Well Street Macadam
X
Gas i
1 None Sanitary Saver
X1 1
Alter None
Site Comments Private water systems are common to the area and have no adverse affect upon marketability. The subject
improvements are not in a FEMA special flood hazard area per Flood Map // 42041CO209Eldated 03-16-2009IZone X.
GENEtRALDESCRIPTION
FOU DAMN
EXTERIOR DESCRIPTION marereis
INTERIOR rratadals
1
Urns [X]One [ iOnswiAcc.u.�s? I I
Concrete Stab (
Crawl Space
FourdrisonWalls Conc Blk/Avg
Floors CrtIVin/HWIAv
a of Stories 1
X Pall Easement r
Partial Basement
Exterior Walls Brick/Alum/Avg
Wails Drywall/Avg
Type [X]Det. ]Ar. [ S-DetiEnd Unit
Basement Area 912 so. it.
Pcol Sudace CompoShglelAvg
TrirntF,nisn Wood/Avg
[X�Exfstirrg [ Proposed Under Guist.
EasementFinish 604f,
GunerDownspoutsAluminum/Avg
Bath Floor Vinyl/Avg
Desinr (Suds) 1 Story
I Outside Enrry=Exis I ]Sump Peri t
Mad owTvTse Wood Frame/Avg
Bath V ainscot Drywall/Avg
Year Soar 1961
Storm Ss=.hJinsulaled YeslAvq
Car Storage [ None
Eliec ve Ace lYrsi 25
Screens Yes/Avg
[X] Drivev:ay v of Cars 2
Amc 1
None
Heannq I. ] FWA l[x]HW If ]Radiant
Amenities
WosdStove(s) 40
Driveway Surface Macadam
Drop Stair
Stairs
I. jOrher IFuel 011
Fir placers) 0
X Fence Wd/CLk
X
Garaoe sof Cars 1
�[
z
Floor
X Scutt
Coolinn I 'Central AirConditicniris
X
[
Pahotoeck PUD
Porch None
�X
Ca pan at Cars None
3
Fihtshed
Healed
Individual I [Other
Pool None
Other None
Art [ ]Ger. [ ]Built-in
lbA�kances I Rehaeraror [X]Ranos. ren
{
Dsirrasher [ uxoSal i jrr ova'.e t ]V ster'flrver lOUter(teoctinui
if Finishad area above grade can;2msr 6 Room; 3 Bedrooms 1 Baths) 912 Souare Feet of Gross LMnq Area Above Grade
a Addiaenal Features Front and rear patios. Rear wood deck. NOTE: The above ground pool is considered personal property and is
not valued herein.
Carnmentsonthe tmprovemems Improvements are in average condition with no physical or functional Inadequacies noted.
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ADDENDUM
Client: Frey & Tiley File No.: 14-0064
Prcoerty Address: 107 East Main Street Case No.:
City: Plainfield
State: PA Zip: 17081-9800
Neighborhood Market Conditions
List/Sale ratio approximately 98%. I have considered relevant competitive listings and/or contract offerings in the
performance of this appraisal and in the trending Information reported in this section. If a trend is indicated, I have
attached an addendum providing relevant competitive listing/contract offering data. Local multi -list data indicates
stable market in the past calendar year with no appreciation in the subjects market area, with an average marketing
time of 90-180 days. Economic trends and lending rates have remained favorable. Sales concessions are occuring
more frequently; however, there Is no known preveiance of unusual seller financing concessions or buydowns.
There are new homes under construction in surrounding deveiopements, as well as resales available in the
neighborhood.
AddeMumu. Paye 1 of 1
[MIT HA"
Summary
esidential Appraisal Report
File No, 14-0064
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FEATURE I SUBJECT
COMPARABLE SALE NO. 1
COMPARABLESALENO.2
COMPARABLE SALE 0.3
107
Address
East Main Street
Plainfield, PA 17081
1570 Newville Road
Carlisle, PA 17015
39 Burghers Road
Carlisle, PA 17015
2123 Newville Road
Carlisle, PA 17015
ProxmiNtosubject
1.37 miles SE
1.5 miles NW
1.21 miles NW
Sale
Price
5
S 139,900
$ 119.900
S 133 000
Sale
PricaGrossliv.Area
$ 0.00 sq.f.
S 145.73 sq. it._
s 124.90 sq. h.
s 133.00 sq.ft..
DataSorrce(s)
Inspection '
CPMLS 10230717
CPMLS 10228575
CPMLS 10246872
Verif.caeonsource(s)
Courthouse•
Courthouse
Courthouse
Courthouse
VALUE
ADJUSTMENTS
DESCRIPTION
DESCRIPTION
•i.taAdsre:t
DESCRIPTION
-t-I5u . gra
DES:.RIPTEON
+(- sz4.grrrr5
Sae or Financing
Concessions
N/A
$4,197 CI. Cats
DOM 82
0
$7,194 Cl. Csts
DOM 267
0
None, Cony
DOM 12
Date of Sale/Time
NWA
04110/2013
08/19/2013
03112/2014
Locaten
Suburban
Suburban
Suburban
Suburban
Leaseholdree Simple
Fee Simple
Fee Simple
Fee Simple
Fee Simple
Site
.31 ac
.34 ac
0
.73 ac
0
.42 ac
0
view
Residential
Residential
Residential
Residential
Design (Style)
1 Story
1 Story
1 Story
1 Story
z
a
Quality atconsbucaon
Average
Average
Average
Avera•e
ActuaiApe
53 Years
57 Years
0
31 Years
0
30 Years
0
1
Condition
Average
Avg/Good (5%)
-6,995
Avg/Good (3%)
-3.597
Avq/Good (3%)
-3,990
ilt
Above Grade
tad laAms
nets
tura
SCm
oars
Tee
Sans
Bans
rct4
wit's
arcs
z
m
Room Count
6 3
1
6
3
1
6
3
1
5
3
1.5
-2,500
E
MOSS Wm Area MOO
912 ea. h,
960 soft.
0
960 sa. h.
0
1,000 sq, ft.
0
7
x
Basement &Finished
Rooms BelavGrade
Full Bsmt
FamRm/Bdrm
Ful Bsmt
Unfinished
2,000
Ful Bsmt
Unfinished
2,000
Ful Bsmt
Famil Room
1 000
w
Funcaonat wily
Average
Average
Average
Average
y
HoatnglCoofina
HW/Nona
FWA/CA
-4,000
EBBINone
0
EBB/CA
-4,000
Energy Eth[lent Item s
None
None
None
None
GaraaetCarpott
1 Car Garage
1 Car Garage
2 Car Carport
0
1 Car Garage
PotctsfPatio.'Ceck
Patios/Deck
Patio
3,000
None
4.000
Porch
2 000
Fence
Shed
0
None
2,000
Shed
0
Net Adjustment (Total)
I. Ilx]•
S 5,995
[X]+ ( 1.
5 4,403
( I. [xj.
S 7,490
Adjusted Sale Price
of Comparables
.:.
NetAd, -4.3%
Greesnrt. 11.4%
S 133,905
Net Ad. 3.7%
Gross AO 9.7%
S 124,303
NetAdj. -5.6%
erossA4. 10.1%
5 125,510
Summary ofSaiesComparison Asstoach Opinion of value range is $124,000 to $134,000. Closing cost adjustments are not made for
comparable #'s 1 & 2 since they sold at final list price. The 5% condition adjustment for comparable #1 reflects upgrades
including new siding and roof, new electric, new paint and upgraded kitchen and bath. Comparable #2 upgrades included a
new roof, siding & kitchen appliances, adjusted at 3%. Comparable #3 upgrades included a new roof, sidjn and windows,
adjusted at 3%. Comparable #3 is Included although the settlement date is one week beyond the effective date of this opinion
of value since the contract date was 01/1212014. All the sales are closed transactions as of the data utilized. All comparable
sales are considered equal indicators of value and weighed equally in the final reconciliation. The best available comparable
sales were selected and used for this appraisal.
cOSTAPPROACHTOVALUE
Site Value Comments NIA
ESTIMATED ( I REPRODUCTION OR f FREPLACEMENT COST NEW
OPINION OP SITE VALUE ................ = $ N/A
u
Source of cost data
Dwelling Sa. Ft. re $ = $ 0
Quradnghomcost same Elfectivedateofcost data
Sa.Ft, :W$ ... - c 0
Comments art Cost Approach (gross living area calculations, depreciation. etc.)
*
r
Cost Approach deemed a poor indicator of value. The
Garageftatpon Sq. Pt. = S 0
PI
Estimated Remaining Economic Life - 35 years.
Total Estimate of Cost -New = $ 0
Li
Less Physical I Foncdanal
External
Depreciation I
= S ( 0'
Depreciated Cost of Improvements . =$ 0
-Awls' Value of Site Improvements e. S
INDICATED VALUE BY COST APPROACh = 5 N/A
INCOMEAPPROACHTOVALUE
w
Estimated Month ly#,f.arket Rent 5 0.00 X Gross Rent Multiplier 0.00 =-S 0 Indicated Value by Income Anoroach
u
Summary of Income Approach (including support for market rent and CRM) N/A
z
Indicated Value by: Sales Comparison Approach 5125,000 Cost Approach (if developed)S NIA Income App roach (if developed)$ 0
The Market Data Analysis supports my opinion of value for the subject. The Cost Approach was not deemed an appropriate
indicator of value and therefore was not included herein. The Income Approach was also deemed inappropriate for this
z
o
analysis.
_t
z
mThe
This appraisal is made(X]'as i5' L subject to completion per plans and specifications on the basis of a hypothetical condition that the improvements have been completed.
Q subject to the f5itewing repairs cr alteration on the basis of a hypothetical condition that the repairs or aheraaons have been completed IDsuttea to the following:
property has been appraised in current condition. This is for the clients use only.
a
Based on the scope of work, assumptions, limiting conditions and appraisers certification, my (our) opinion of the defined value of the real property
that is the subject of this report is s 125,000 as of 03/05/2014 , which is the effective date of this appraisal.
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Summary
Residential Appraisal Report
File NO. 14-0064
Scope of Work, Assumptions and Limiting Conditions
Scope of work is defined in the Uniform Standards of Professional Appraisal Practice as " the type and extent of research and analyses in an
assignment" to short, scope of work is simply what the appraiser did and did not do during the course of the assignment. It includes, but is not
limited to: the extent to which the property is identified and inspected, the type and extent of data researched, the type and extent of analyses applied
to arrive at opinions or conclusions.
The scope of this appraisal and ensuing discussion in this report are specific to the needs of the client, other identified intended users and to the
intended use of the report. This report was prepared for. the sole and exclusive use of the client and other identified intended users for the identified
intended use and its use by any other parties is prohibited. The appraiser is not responsible for unauthorized use of the report.
The appraiser's certification appearing in this appraisal report is subject to the following conditions and to such other specific conditions as are
set forth by the appraiser In the report. All extraordinary assumptions and hypothetical conditions are stated in the report and might have affected the
assignment results.
1. The appraiser assumes no responsibiCry for manors eta legal nature affecting the property appraised or title thereto. nor does the appraiser render arty opinion as to the title, which is
assumed to be goad and marketable. The property is appraised as though under tespoosihte evmerslhip,
2. Any -etch in this tepee may s vrapproximate dimensions and is included only to assist the reader in visualizing the property. The appraiser has made no survey of the property.
3. The appraises is rot required to give testimony or appear in court because al having made the appraisal with reference to die property in question, unless arrangements have been
previously made thereto.
4, Neither all. oar any part of the content of this report. copy or other media thereof (includingconclisions as to the propertyvalue. the idenatyof the appraiser, professional designations,
er the firm with which the appraiser is connected), shag be used for any purposes by anyone but the chem and ether intended users as identified in this repon, tsar shall it be conveyed by
anyone to the pubfx through adherasing. public relations, neva. sales, or ether media, without the hymen consent of the appraiser.
5. The appraiser will rot disclose the contents of this appraisal report unless required by appfrable law or as specified in the Uniform Standards of Professional Appraisal Practice.
6. Information, estmates, and opinions furnished to the appraiser. and contained in the repot were obtained from sources considered reliable and believed to be nue and ct meet.
However, no ten onsb-liy for accuracy of such hems furnished to the appraiser is assumed by the appraiser.
7. The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures. which would render e more or less valuable. The appraiser assumes
no responsibliry for such conditions, or for engineering or testing, which might be required to discover such factors. 'This appraisal is not an emironmemal assessment of the property and
should not be considered as such.
8. The appraier.specializes in the vsivation of real property and is nota home inspector, budding contractor, structural engineer, or similar expert. unless otherwise noted. The.apptaiset
did not conduct the intensive type of field observations of the land intended to seek and discover property defects. The viewing of the weeny and any improvements is for purposes of
develetzng an opinkel of the defined value of the property, given the intended use of this assignment. Statements regarding condition are based on white obset a5ans only. The
appraiser claims no special expertise regarding issues including, but not harked to: foundation settlement. basement moisture problems, mood destroying (or other) insects, pest infestation.
radon gas, lead based paint, mold Or environmental issues. Unless otherwise indicated, mechanical systems were not aclvited or tested
This appraisal report should not be used to disclose the condition of the property as it relates la the presenceiabsertce of defects. The dent is invited and encouraged to employ qualified
experts as inspect and address areas of concern. If negative cordidans are discovered. the opinion of value maybe affected.
Unless otherwise noted, the appraiser assumes the components that constitute the subject property improvement(s) are fundamentally sound and in
working order.
Any viewing of the property by the appraiser was limited to readily observable areas. Unless otherwise noted, attics and crawl space areas were not accessed. The appraiser did not move
furniane, loot coverings or other items that may rositici rho viewing of the property.
9. Appraisals involving hy;gmeacal conditions related to completion of miser cosurructron, repairs or a,••maeon are based on the assumption that welt comp!eton. abstauon or repairs will
be comparendy performed.
10. Unless the intended use of this appraisal spedFsallyincludes issues of property insurance Coverage, thus appraisal should not be used for such purposes. Reproduction or
Replacement cost figures used in the cost approach are for valuation purposes only, given the intended use of the assignment. The Definition of value used in this assignment is unlikely
to be consistent with the definition of insurable value for property Insurance coverageluse.
11. The ACI General Purpose Appraisal Report (GPAR"') is not intended for use in transactions that require a Fannie Mae 1004/Freddie Mac 70 form,
also known as the Uniform Residential Appraisal Report (URAR).
Additional Comments Related To Scope Of Work, Assumptions and Limiting Conditions
None
pari
sy t0 nava. 337.734 f:;1 wrw, K,+& a-•
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WAR*')G• eoi°ueove:oCtSs Ir'.Uo Car.:10
Summary
Residential Appraisal Report Faesin. 14-0064
Appraiser's Certification
The appraiser(s) certifies that, bottle hest of the appraisers knowledge and belief:
1. The statements of fact costumed in this moon are true and correct.
2. The repaired analyses; opinloes. and conclusions are limned only by the reported assumptions and iimiang conditions and ate the appraiser's personal. impartial, and unbiased
professional analyses, opinions. and conclusions.
3. Unless otherwise stared. theappraiserhas no ptesem or ptospective inietest Mine property thot is the subject of fltis report and has no personal interest v.dh respect° the parties
invoked.
4. The appraiser has no bias with respect la the property that is the subject of this repos ()Ito the parties involved with this assignment.
5. The appraisers engagement in this assignment was not condngent upon developing or repotting predetermined resu!a.
6, The appraisers compensation for completing thisassignmem is not contingent upon the development or reporting of a predeternrired value or direction in value that favors the cause of
the client. the emourn of Inc value opinion, the.arainment ata stipulated testi %L of the occurrence of a subsegsees event directly related to the intended use of this appraisal.
T. The appraisers analyses. opinions, and condusions were developed, and this report has beenprepared. in conformity vain the Uniform Standards of Pre;essiaral Appraisal Practice.
8. Unless otherwise noted, the appraiser has made a personal inspection of the property that is the subject of this report.
9. Unless noted below, no one provided significant real property appraisal assistance to the appraiser signing this certification. Significant real property appraisal assistance provided by
Additional Certifications:
None
Definition Of Value: 0 Market Value Other Value:
Source ofDefinieon: USPAP
The most probable price in terms of money which a property should bring in 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.
ADDRESS OF THE PROPERTY APPRAISED:
107 East Main Street
Plainfield, PA 17081-9800
EFFECTIVE DATE OF THE APPRAISAL: 03/05/2014
APPRAISED VALUE OF THE SUBJECT PROPERTY $ 125,000
APPRAISER
SUPERVISORY APPRAISER
Signature:tL1f`f}ti( Signature:
Name: Stan A. Skawronok Name: Steven W. Barrett, SRPA, SRA, ASA
Stale Certification: RL001572L StareCenificatian? GA000298L
or License
or other (describe):
State; PA
Stare a,
Erprraaon Date of Cers =c^nor License: 06/30/2015
or License
Sate: PA
Expiration pare of Cenrfcacon as License: 06/30/2015
aDare of Signature: 03/27/2014
Date of Signature and Report: 03/27/2014 Dara of Property Viewing:
Date al Property Viewing: 03/26/2014 Degree of property viewing:
Degree of ptaperyViening: 0 metier and Exterior 0 Exterior Only Did not peinorrally view
tnrerror and Cannon 0Exterior On.y 0Did not personally view
ar-
.:sw ,,e Ata s.:.xn nets' t?r: ,exn. C- It. 0.:1F4'•mn?R6F.tiv to+b':e 50 Se. JJrirtSr lver1
Pk)! 2 U _ i{yyn'-1 sewn Pvtose..pyt,5,y Firpm 7
tatnrA r]C52122LJ
S.W. Barrett Real Estate & Appraisal Services
e 6 "tr
USPAP ADDENDUM
Pile No. 14-0064
Borrower: Barbara A VANCE Estate
Property Address: 107 East Main Street
City: Plainfield
Lender: Frey & Tiley
County: Cumberland
State: PA
Zip Code: 17081-9800
Reasonable Exposure Time
My opinion of a reasonable exposure time far the subject property at the market value stated in this report is' 60.180 days
Additional Certifications
DI 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.
QI 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
APPRAISER:
Signature:
Name: Stan A. Skowronek
Date Signed: 03/27/2014
State Certification y' RL001572L
or State License
or Other (describe): State
State: PA
Expiration Date of Certification or License: 06/30/2015
Effective Date of Appraivat• 03/0512014
SUPERVISORY APPRAISER (only if required):
Signature'' =
Name. Steven W. Barrett, SRPA. SRA, ASA
Date Signed, 03/27/2014
State Certification >" GA000288L
or State License fr
State' PA
Expiration Date of Certification or License' 06130/2015
Supervisory Appraiser inspection of Subject Prop:
D.S.1 Did Not 0 Exterior -only from street Lj Interior and Exterior
FLOORPLAN SKETCH
Client: Frey & Tiley
File No.: 14-0064
Property Address: 107 East Main Street
City: Plainfield
Case NO.:
State: PA 7,ip: 17081-9800
by k,0dedr...0
Comments:
AREA CALCULATIONS SUMMARY
Code Description NetSite : NetTotals'
GLA1 First Floor 912.0
GAR Garage 288.0
P/P Patio 48.0
Wood Deck 128.0
Patio 119.0 295.0
LIVING AREA BREAKDOWN
Breakdown Subtotals
912.0 First Floor
288.0 38.0 x 24.0
Net LIVABLE Area (rounded)
912 1 Item
912.0
(rounded)1 912
SUBJECT PROPERTY PHOTO ADDENDUM
Client: Frey & Tiley File No.: 14-0064
Property Address:107 East Main Street Case No.:
City: Plainfield
State: PA
Zip: 17081-9800
FRONT VIEW OF
SUBJECT PROPERTY
Appraised Date: March 5, 2014
Appraised Value: S 125,000
REAR VIEW OF
SUBJECT PROPERTY
STREET SCENE
Client: Frey & Tiley File No.: 14-0064
Property Address:107 East Main Street Case No.:
City: Plainfield
Slate: PA
Zin: 17081-9800
Kitchen
Dining Room (used as bedroom)
Full Bath
22.1ncc as.,..u.4c,
Client' Frey & Tiley
File NO.: 14-0064
Property Address:107 East Main Street
City: Plainfield
Case No.:
State: PA
Zio: 17081-9800
Living Room
Bedroom In basement
Family Room in basement
r•,....tin 44,11atik. MeV:, r:? r•va
Client: Frey & Tiley
File No.: 14-0064
Property Address: 107 East Main Street Case No.:
City: Plainfield
State: PA
Zio: 17081-9800
Side View
Side View
Street (opposite view)
U::ra:.,sr,ic,cur. ICO :xamw.MChM G-
o.rnma-.s:
Client: Frey & Tiley File No.: 14-0064
Property Address:107 East Main Street Case No.:
City: Plainfield
COMPARABLE PROPERTY PHOTO ADDENDUM
State: PA
Zip: 17081-9800
COMPARABLE SALE #1
1570 Newville Road
Carlisle, PA 17015
Sale Date: 04110/2013
Sale Price: S 139,90D
COMPARABLE SALE#2
39 Burgners Road
Carlisle, PA 17015
Sale Date: 08/19/2013
Sale Price: S 119,900
COMPARABLE SALE#3
2123 Newville Road
Carlisle, PA 17015
Sale Date: 03/12/2014
Sale Price: S 133,000
LOCATION MAP
Client: Frey & Tiley
File No.: 14-0064
Property Address:107 East Main Street
City: Plainfield
Case No.:
State: PA
Zip: 17081.9800
4.4
Comparable Sale 2
39 Burgners Road
Carlisle, PA 17015
1.5 miles NW
Comparable Sale 3 !
12123 Newnille Road
Carlisle, PA 17015
1.21 miles NW
Y H�
Gs:04,54v Rd.
•
Y
ssrnnes.x 144
Subject
107 East Main Street
Plainfield, PA 17091-9800
Comparable Sale 1
1570 Newville Road
Carlisle, PA 17015
1.37 miles SE 1
;re
,Pennryivania,Turnpike.(roil
PL *HFIr
\\\ Pennsy1v
E main si '
.t 'JerrniteRd
Lash tdrport :I"
eprnstable a�
EXHIBIT "A
Client: Frey & Tiley
File No.: 14-0064
Property Address:107 East Main Street
Case No.:
City: Plainfield
Slate: PA
Zio: 17081-9800
Subject
107 East Main Street
Plainfield, PA 17081-9800
FloodMap Legend
Flood Zones
Areas frnzfdo ed by 500.ye ar eoodtng
Meas outside ante 100. and 5001ear flood -Awls
ueas b rm.:Wed by 100•yeat (coding
:seas h one:gee by 100•yaor nooding Mtn v$ocLty hryrd
nOtfar ery woos
Ftooewoy vans n3n valoc2y hazard
Naas or lydelerminee but posstte Mood haSerds
Meas not mapped on arty pvn5shro FItV 1
1
Flood Information
Community: 421590 • WEST PENNSC3ORO. TOWNSHIP OF
Property is not in a FEMA special flood hazare area.
Map Number: 42041CO209E Map Date• 03/16/2009
Panel; 0209E FIPS: 42041
Zone: X
rthither Tran omortcn ;lone Haunts Cnrtitfc;st»n (rr11C} nor AC1 make any
robreSentn:ions or'nar:aniss to any parry OGKemtng the cement accuracy or
camp:at=_-ne ss a' :Ms rteod rorron. Inc:edeng any n arran:), of marehantabfity or
ntrrru's for :e pertimiar purpose. Neither iFHC ruse Act torr the ;niter o; rhea
noon report. shun have any lilbliey to any thou party for any use or misuse at
this flood rayon,
• Fi".e No. 140064
* QUALIFICATIONS **A******
he following checked items are SPECIFIC SPECIAL CONDITIONS that wereidentified 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 sales used DO NOT AFFECT THE MARKET
VALUE OR THE FUTURE MARKETABILITY OF THE SUBJECT PROPERTY BEING APPRAISED. This is nota home
inspection: service. This is an appraisal to estimate market value.
_1. The subject. Is located in a rural area and is less than 25% built-up.
_x_2. Commercialilndustrial uses are located within the subject's neighborhood. These uses aretypical of similar
neighborhoods.
_x_3. Vacant and undeveloped land usesarelocated within the subject's neighborhood. These uses aretypical for
the area.
The predominant value in the neighborhood is less than that ofthe Marketvalue 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. propertyis. located in F.E.M.A. Identified Flood Zone. Flood insurance coverage is required and
suggested.
6. Dampness is noted in the basement of the subject. Standing or running water was not present on basement
floor. This condition is considered typical in dwellings of this style.
x_T. The subject property is serviced by private well and/or septic systems which is commonfor the area.
_x 8. 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.
_9. Repair items were noted in :the comments section of the. report. These comments on repair items are for
descriptive purposes only andare 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 pose 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.
12. The land value exceeds 30% of total value due to the high demand for vacant land 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 size of the site. This condition is
considered to be typical and common:.
_14. Individual adjustments were required that exceed 15%. These adjustments were required due to lack of more
similar comparables on that Individual rating. All comparables used are the best available.
_15. Total adjustments exceed 25%. 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.
_x_17. One or more comparables used were in excess of one (1) mile from the subject property. Althoughthere are
comparable properties inthe immediate area, none have sold recently. Therefore, itwasnecessary to use comparable
sales outside of the immediate area. All comparables used are located in similar neighborhoods and within the same
marketing area. All comparables used are the best available.
_18. 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_certification(s) is/are suggested.
_22. Inground swimming pool_, out buildings are included 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.
EXH
BIT "B"
S. W. BARRETT REAL ESTATE AND APPRAISAL SERVICES
File No. 14-0126
APPRAISAL OF
LOCATED AT:
107 East Main Street
Plainfield, PA 17081
CLIENT:
Frey & Tiley
5 South Hanover Street
Carlisle, PA 17013
AS OF:
March 5, 2014 D.O.D.
BY:
Steven W. Barrett, SRA. SRPA
PA Certified Residential Real Estate Appraiser
S. W. BARRETT REAL ESTATE AND APPRAISAL SERVICES
File No. 14-0126
03/27/2014
Frey & Tiley
5 South Hanover Street
Carlisle, PA 17013
File Number: 14-0126
In accordance with your request, I have appraised the real property at:
107 East Main Street
Plainfield, PA 17081
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 March 5, 2014 D.O.D. is:
$100,000
One Hundred 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.
Respectfully submitted
Steven W. Barrett, SRA. SRPA
PA Certified Residential Real Estate Appraiser
oremil";..P
Summary
Residential Appraisal Report
File No, 14-0126
The purpose of this appraisal report is to provide the client with a credible opinion of the defined value of the subject property, given the intended use of the appraisal.
Client Namelintended User Frey & Tiley E-mail N/A
oClient Address 5 South Hanover Street City Carlisle State PA Zip 17013
Additional Intended User(s) The Intended User of this appraisal report is the Client. No additional intended Users are permitted without
'a the permission of the appraiser(s).
Intended Use The Intended Use is to evaluate the property that is the subject of this appraisal to provide the Client with an
accurate and adequately supported opinion of value.
Property Address 107 East Main Street City Plainfield State PA Zip 17081
I- Owner of Public Record Vance, Barbara A County Cumberland
Legal Description Deed Book 251, page 441
Assessor's Parcel a 46-18-1392-029ill Tax Year 2013 R.E. Taxes $ 1,911.00
Neighborhood Name Village of Plainfield Map Reference 18-1392 Census Tract 0128.00
Property Rights Appraised IXiFee Simple [ iLeasehold ( I Other (describe)
My research [ ( did ix ( did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal.
PriorSale/Transfer: Date 08/31/1973 Price $24,900 Source(s) Deed
Analysis of prior sale or transfer history of the subject property (and comparable sales, if applicable) No prior transfers of the subject within the past 36
months, nor were there any prior transfers of the comparables within 12 months of their sale dates.
Y
re0
i -
in
E
ui
al
J
Q
In
Offerings, options and contracts as of the effective date of the appraisal None noted
--- Neighborhood Characteristics -"
- Oneltn)tHousingTrends
•:One-Untt Housing
- PresentLan q'Usetb -�-
Location
Urban
X Suburban
Rural
Property Values
Increasing X
Stable
Declining
PRICE AGE
One -Unit 50 %
Built -Up
Over 75%
X 25-75%
Under 25%
Demand/Supply
' Shortage X
In Balance
Over Supply
5(000) (yrs)
2-4 Unit 0 %
Growth
Rapid
X Stable
Slow
Marketing Time
Under 3 mths X_
3-6 mlhs
Over 6 mths
100 Low 25
Multi -Family 0 %
°o Neighborhood Boundaries The subject is bounded on the north by Creek Rd, on the east by
150 High 100
Commercial 10 %
= McClures Ga . Rd on the south b route 641 and on the west b Grahams Woods Rd.
120 Pred. 50
Other Vac 40 %
o Neighborhood Description The subject is located along a secondary road populated by homes of varying size, style and quality.
= Commercial use is within the subjects neighborhood. It is within close proximity to ammenities such as schools, shopping
and employment.
Market Conditions (including support for the above conclusions) See Attached Addendum
Dimensions 158x85 Area .31 ac Shape Rectangular View Residential
Specific Zoning Classification R2 Zoning Description Residential
Zoning Compliance (X (Legal [ [Legal Nonconforming (Grandfathered Use) [ )No Zoning [ I Illegal (describe)
)(1)Yes Is the highest and best use of the subject property as improved (or as proposed per plans and specifications) the present use? uYes U No If No, describe.
Utilities Public Other (describe) Public Other(describe) Off-site Improvements—Type Public Private
Electricity Xi 100 amp Water (i Well Stret Macadam
X�
f,
Gas None Sanitary Sewer X AlleyNone
[Xi
ff
Sire Comments Private water systems are common to the area and have no adverse affect upon marketability. The subject
improvements are not in a FEMA special flood hazard area per Flood Map # 42041CO209E/dated 03-16-2009/Zone X.
GENERAL DESCRIPTION
FOUNDATION
EXTERIOR DESCRIPTION materials
INTERIOR _ -- materials
Units (X)One [ jOne w/Acc.unit [ I
Crawl Space
Foundation Walls Conc Blk/Avg
Floors Crt/Vin/HW/Fair
r of Stories 1
Xi Full
X Full Basement
Partial Basement
Exterior Walls Brick/Alum/Avg
walls Drywall/Fair
Type [X]Det. IAtt. [ 7S-DetiEndUnit
Basement Area 912 sq. ft.
Roof Surface CompoShgle/Avg
Trim/Finish Wood/Fair
X Existing ( Proposed ( Under Const
(,
Basement Finish 60%
Gutters & Downspouts Aluminum/Avg
Bath Floor Vinyl/Fair
Design (Style) 1 Story
[Outside Entry/Exit ( (Sump Pump
Window Type Wood Frame/Fair
Bath Wainscot Drywall/Fair
Year Built 1961
Storm Sash/Insulated Yes/Fair
Ca Storage L [None
Effective Age (Yrs) 25
Screens Yes/Fair
IX Driveway 0 of Cars 2
Attic
None
Heating ( IFWAIIXIHW (C [Radiant
Amenities WoodStove(s)40
Driveway Surface Macadam
I
Oro. Stair
Stairs
Other Fuel Oil
Fire lace s 4 0 X Fence Wd/CLk
X
Garare 4 o Cars 1
z[
Floor
X
Scuttle
Cooling Central Air Conditioning
(tX Patio/Deck Pt/D Porch None
Carport of Cars None
II'
5
Finished
Healed
Individual [ _[Other
1 Pool None Other None
X
Attr l/Det. [ Built-in
1
Appliances [ JRefrigerator IXIRangetOven
Dishwasher [ _ Disposal [ jMicrowave [ (Washer/Dryer [ JOther(describe)
area above grade contains: 6 Rooms 3 Bedrooms 1 Bath(s) 912 Square Feet of Gross Living Area Above Grade
iFinished
5 Additional Features Front and rear patios. Rear wood deck. NOTE: The above ground pool is considered personal property, no
value given in the appraisal process.
Comments on the Improvements Improvements are in fair condition with some physical inadequacies noted and no functional
inadequacies noted. Electric certification suggested.
gP
ru
Producer) usrq ACI soPamvue, 1PrWbite.8727 wonecwreb.con
te
MOW 13"
?nls tum CooyrtM4A005.2010 ACI ciaAur'A ISO gums s^-Mces. Ix.. M Rigor Removed.
((,PAR'") GM( 01 erasure APatisnl Regal 05201
GP.tt1 10s526Si1
ADDENDUM
Client: Frey & Tiley File No.: 14-0126
Property Address: 107 East Main Street Case No.:
City: Plainfield
State: PA Zip: 17081
Neighborhood Market Conditions
Ust/Sale ratio approximately 98%. I have considered relevant competitive listings and/or contract offerings in the
performance of this appraisal and in the trending information reported in this section. If a trend is Indicated, I have
attached an addendum providing relevant competitive listing/contract offering data. Local multi -list data indicates
stable market in the past calendar year with no appreciation in the subjects market area, with an average marketing
time of 90-180 days. Economic trends and lending rates have remained favorable. Sales concessions are occuring
more frequently; however, there is no known preveiance of unusual seller financing concessions or buydowns.
There are new homes under construction in surrounding developements, as well as resales available in the
neighborhood.
Addendum Page 1 of 1
Summary
Residential Appraisal Report
File NO. 14-0126
FEATURE I SUBJECT
COMPARABLE SALE NO.1
COMPARABLE SALE NO.2
COMPARABLE SALE NO.3
107 East Main Street
Address Plainfield, PA 17081
1598 Newville Road
Carlisle, PA 17015
2123 Newville Road
Carlisle, PA 17015
39 Burgners Road
Carlisle, PA 17015
Proximity to Subject
1.22 miles SE
1.21 miles NW
1,50 miles NW
Sale Price
$
•
$ 100,000
133,000
$ 119,900
Safe PricarGtoss Liv.Area
$ 0.00 sq. ft
$ 109.65 sq. ft.
$ 133.00 sq. tl,
$ 124.90 sg. ft.
Data Source(s)
Inspection
CPMLS 10240198
CPMLS 10246872
CPMLS 10228575
vercadonsouice(s)
Courthouse
Appr's Data/Crths.Records
Courthouse
Courthouse
VALUE ADJUSTMENTS
DESCRIPTION
DESCRIPTION
Hi sae:men
DESCRIPTION
rt.js Aquiver.
DESCRIPTION
,(-) sArkmmeni
Sale or Financing
ricessions
N/A
None, Cash
DOM 49
None, Conv
DOM 12
$7,194 Cl. Csts
DOM 267
0
Date of SelelTime
N/A
09113/2013
03/12/2014
08/19/2013
Location
Suburban
Suburban
Suburban
Suburban
LeaehaWFee$mpIe
Fee Simple
Fee Simple
Fee Simple
Fee Simple
Site
.31 ac
.46 ac
0
.42 ac
0
.73 ac
0
View
Residential
Residential
Residential
Residential
Design (Sbie)
1 Story
Average
1 Story
Average
1 Story
Average
1 Story
Average
Quality ol Construction
Actual Age
53 Years
54 Years
0
30 Years
0
31 Years
0
Canaan
Fair
Fair
AvilGd (20%)
-26,600
Avg/Gd (20%)
-23,980
Above Grade
a Room count
GossLMnqkea30.00
TWO
Borns
eat
tam
Ws,
Sots
Tad BdriM earts
Tort R5.
Bails
6
3
1
5
3
• 1
0
5 3 1.5
-2,500
6 3
1
912 sq. It
912 sq. ft.
1,000 sq.ii.
0
960 sq. ft.
0
Basement & Hnished
o
Rooms Below Grade
Full Bsmt
FamRm/Bdrm
Full Bsmt
FamRm
-1,000
Full Bsmt
FamRm
-1,000
Full Bsmt
Unfinished
0
in
Functional Utility
Average
Average
Average
Average
Heating/Cooling
HW/None
HW/None
EBB/CA
-4,000
EBBINone
0
Energy Efficient Items
None
None
None
None
Gara &Careen
1 Car Garage
1 Car Garage
1 Car Garage
2 Car Carport
0
Porth/Patio/Deck
Patios/Deck
EnclPorch
0
Porch
2,000
None
4,000
Fence
Shed
0
Shed
0
None
2,000
Net Adjustment (Total)
f 1+ [xi-
s 1,000
I I+ (XI-
32,100
f I+ [xj-
$ 17,980
Adjusted Sale Price
of Comparables
Net Adj. -1.0%
Gross Adt 1.0%
$ 99,000
Net Adj. -24.1%
Grass Ark. 27.1%
100,900
Ne:A4 -15.0%
Gross Adj. 25.0%
$ 101,920
Summary of Sales Camper son Approach Opinion of value range is $99,000 to $102,000. A closing cost adjustment is not made for
comparable No. 3 since ft sold at final list price. Comparable No. 2 upgrades included a new roof, siding and windows,
adjusted at 20%. Comparable No. 2 is Included although the settlement date is one week beyond the effective date of this
opinion of value since the contract date was 01/12/2014. Comparable No. 3 upgrades included a new roof, siding & kitchen
appliances, adjusted at 20%. No basement adjustment considered for finished vs. unfinished area due to the deteriorated
condition of the subject. All the sales are closed transactions as of the date utilized. All comparable sales are considered
equal Indicators of value and weighed equally in the final reconciliation. The best available comparable sales were selected
and used for this appraisal.
COST APPROACH TO vALDE
Site Value Comments NIA .
ESTIMATED (-- 'REPRODUCTION OR I. 'REPLACEMENT COST NEW
OPINION OF SITE VALUE - $ N/A
Source of com data
Dwelling Sq. Ft (i) $ = $ 0
r,•° ir ality rating from cost service EEecdve date of cost data
Sq. FL tfy $ - $ 0
S
Comments on Cost Approach (gross living area calculadons depreciadon, etc.)
Cost Approach deemed a poor indicator of value. The
GaragelCarport Sq. FL Cc $ = $ 0
Estimated Remaining Economic Life - 35 years.
Total Estimate of COst•New = $ 0
Less Physical
Functional
External
Depreciation
$ ( 0)
Depreciated Cost Of Improvements = $ 0
"An -is " Vatue sI Site Improvements = $
INDICATED VALUE BY COST APPROACH = 5 NIA
INCOPAEPPPROACH TO VALUE
Estimated Monthly Market Rent $ 0.00 X Gross Rent Multiplier 0.00 = $ 0 Indicated Value by Income Approach
Summary of income Approach (including suppon lot market rent and GRM) NIA
indicated Value by: Sales Comparison Approach S100,000 Cost Approach (If developed)S N/A Income Approach (If develoPedis 0
The Market Data Analysis supports the opinion of value for the subject. The Cost Approach was not considered an
Inappropriate indicator of value and was not included. The Income Approach was also considered inappropriate for this
analysis.
4
This appraisal is made .)1_0 -as is; U subject to completion per plans and speciOcations on the basis of a hypothetical condition that the improvements have been completed,
This
'3 subject to the follovring repairs or alter Mons on the basis of a hypothetical condition that the repairs or alterations have been completed [l] subject 15 the following:
a
The property has been appraised in current condition. This Is for the clients use only. Property inspected 0611212014.
Based on the scope of work, assumptions, limiting conditions and appraisers certification, my (our) opinion of the defined value of the real property
that is the subject of this report is S 100,000 as of March 5, 2014 D.O.D. , which is the effective date of this appraisal.
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Summary
Residential Appraisal Report
Fle No. 14-0126
Scope of Work, Assumptions and Limiting Conditions
Scope of work Is defined In the Uniform Standards of Professional Appraisal Practice as " the type and extent of research and analyses in an
assignment." In short, scope of work is simply what the appraiser did and did not do during the course of the assignment. It includes, but is not
limited to: the extent to which the property Is identified and inspected, the type and extent of data researched, the type and extent of analyses applied
to arrive at opinions or conclusions.
The scope of this appraisal and ensuing discussion In this report are specific to the needs of the client, other Identified Intended users and to the
Intended use of the report. This report was prepared for the sole and exclusive ascot the client and other identified intended users for the Identified
Intended use and Its use by any other parties is prohibited. The appraiser Is not responsible for unauthorized use of the report.
The appraiser's certification appearing In this appraisal report Is subject to the following conditions and to such other specific conditions as are
set forth bytheappralser in the report. All extraordinary assumptions and hypothetical conditions are stated in the report and might have affected the
assignment results.
1. The appraiser assumes no responsbfiy for matters of a legal nature affecting the properly appraised or fide thereto, nor does the appraiser render any opinion as to the fide, which is
assumed to be good and marketable. The property is appraised as though under responsible ownership.
2. Any sketch It this report may show approximate dimensions and is included any to assist the reader in visraf ci g the property. The appraiser has made no survey of the propery.
3. The appraiser is not required to give testimony or appear in coup because of having made the appraisal with reference to the property fn question, unless arrangements have been
previousy made thereto.
a. Neither at, nor any pan al the content of this report copy or other media thereof (induding conclusions as to the property value, the identity of the appraiser, professional designations,
or the firm with which the appraiser is connected), shall be used for any purposes by anyone but the dent and other intended users as identified in his report, nor shall it be conveyed by
anyone to the pubic through advertising, public relations, news, sales, or other media, without the written consent of the appraiser.
5. The appraiser will not disclose the contents of this appraisal report unless required by applicable law or as specified in the Uniform Standards of Professional Appraisal Practice.
6. Information, estimates, and opinions furnished to the appraiser, and contained in the report, were obtained from sources considered reliable and believed to be true and correct
However, no responsibility for arxuracy of such items furnished to the appraiser is assumed by the appraiser.
T. The appraiser assumes that there are no hidden or urrapparenl conditions of the property, subsoil, or structures, which would render it more or less valuable. The appraiser assumes
no responsibility for such conditions, or for engineering or testing, which might be required to discover such factors. This appraisal is not an environmental assessment of the properly and
should not be considered as such.
& The appraiser spedaizes in the valuation of real property end is not a home inspector, building contractor, structural engineer, or OMR ar expert, unless otherwise noted. The appraiser
did not conduct the intensive type of field observasoos of the kind intended to seek and discover property detects. The viewing of the property and arty improvements is for purposes of
developing an opinion of the defined value at the property, given the intended use of this assignment Statements regarding condition are based on surface observations only. The
appraiser claims no special expertise regarding issues including, but not limited to: foundation settlement, basement moisture problems, wood destroying (or other) insects, pest infestation,
radon gas, lead based paint mold or environmental issues, Unless otherwise indicated, mechanical systems were not activated or tested.
This appraisal report should not be used to disclose the condition of the property as it relates to the presenceiabsence of defects. The client is invited and encouraged to employ qualified
experts to inspect and address areas of concern, If negative conditions are discovered, the opinion of value maybe aliened.
Unless otherwise noted, the appraLser assumes the components that constitute the subject property improvement(s) are fun damentaly sound and in
working order.
Any viewing of the property by the appraiser was limited to readly observable areas, Unless otherwise noted, attics and crawl space areas were not accessed. The appraiser did not move
furniture, door coverings or other hems that may restrict the viewing of the property.
9. Appraisals involving hypothetical conditions related to completion of new construction, repairs or alteration are based on the assumption that such completion, alteration or repairs will
be competently performed.
10. Unless the intended use of this appraisal specifically includes issues of property insurance coverage, this appraisal should not be used for such purposes. Reproduction or
Replacement cost figures used in the cost approach are for valuation purposes only, given the intended use of the assignment. The Definition of Value used in this assignment is unlikely
to be consistent with the definition of Insurable Value for property insurance coverage/use.
U. The ACI General Purpose Appraisal Report (GPAR''') Is not Intended for use in transactions that require a Fannie Mae 1004IFreddie Mac 70 form,
also known as the Uniform Residential Appraisal Report (URAR).
Additional Comments Related To Scope Of Work, Assumptions and Limiting Conditions
None
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Summary
Residential Appraisal Report File No. 14-0126
Appraiser's Certification
The appraiser(s) certifies that, to the best of the appraisers knowledge and belief:
1. The statements of tact contained in this report are true and correct.
2. The reported analyses, opinions, and conclusions are limited only by die reposed assumptions and limiting conditions and are the appraisers personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
3. Unless otherwise stated, the appraiser has no present or prospective interest in the property that is the subject of this report and has no personal interest with respect to the parties
involved.
4. The appraiser has no bias whh respect to the property that is the subject of this report or to the parties involved with this assignment.
5. The appraisers engagement in this assignment was not contingent upon developing or reporting predetermined results.
6. The appraiser's compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of
the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event direcly related to the intended use of this appraisal.
7. The appraisers analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity 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 significant real property appraisal assistance to the appraiser signing this certification. Significant teal property appraisal assistance provided by:
Additional Certifications:
None
Definition of value: (XjMarketValue (�JOtherValue:
Source of Definition: USPAP
The most probable price in terms of money which a property should bring in 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.
ADDRESS OF THE PROPERTY APPRAISED:
107 East Main Street
Plainfield, PA 17081
EFFECTIVE DATE OPINE APPRAISAL: March 5, 2014 D.Q.D.
APPRAISED VALUE OF THE SUBJECT PROPERTY $ 100,000
APPRAISER SUPERVISORY APPRAISER
Signature: ''—'
y
/
Name: Steven W. Barrett, SRA. SRPA
State Certification a GA000298L
or License a
or Other (describe):
State: PA
State a:
Expiration Date of Certification or License: 06130/2015
Date or Signature and Report: 06/17/2014
Date o1 Property Viewing: 06/12/2017
Degree of property viewing:
X] Interior and Exterior OExterior Only ❑Did not personally view
signature:
Name:
State Certification a
or License a
State:
Expiration Dare of Certification or License:
Date of Signature:
Date of Property Viewing:
Degree of property viewing:
17.3 Interior and Exterior ❑ Exterior Only Did not personally view
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S.W. Barrett Real Estate & Appraisal Services
Summary
USPAP ADDENDUM
Fire No. 14-0126
Borrower: Barbara A VANCE Estate
Property Address: 107 East Main Street
City: Plainfield
Lender: Frey & Tiley
County: Cumberland
Slate: PA Zip Code: 17081
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 days
Additional Certifications
QX 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
DI 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
APPRAISER:
Signature:
Name: Steven W. Barrett, SRA. SRPA
Date Signed: 06/17/2014
State Certification 4: GA000298L
SUPERVISORY APPRAISER (only if required):
Signature'
Name'
Date Signed'
State Certification 4'
or Slate License 4: or State License 4'
State 4' Slate. PA
Expiration Date of Certification or License'
Supervisory Appraiser inspection of Subject Property:
X Did Not LI Exterior -only from street ❑ Interior and Exterior
or Other (describe):
Slate: PA
Expiration Date of Certification or License: 06/30/2015
Effective Date of Appraisal' March 5, 2014 D.O.D.
Pm:is:Mwwg Ap Wr.:.te Sc4.71.1771 ww,=m§. ,
VSPAP uur axstcr.
FLOORPLAN SKETCH
Client: Frey & Tiley
File No.: 140126
Property .Address: 107 East Main Street
City: Plainfield
Case No.:
State: PA
Zip: 17081
SkethbY4ex Madmr.
Comments:
Kitchen
Living
Dining
Bedroom
Bath
Bedroom
Bedroom
Coit
CALCULATIONS, SUMMARY
Hat Size
GLA1 'First Floor
GAR Garage
P/P Patio
Wood Deck
Patio
912.0
288.0
48.0
128.0
119.0
Net LIVABLE Area (rounded)
et Totals
912.0
288.0
295.0
LIVING AREA BREAKDOWN
Breakdown Subtotals:
First Floor
38.0 x 24.0
912 1 Item
(rounded)
91.2.0
912.
SUBJECT PROPERTY PHOTO ADDENDUM
Client: Frey & Tiley File No.: 14-0126
Property Address: 107 East Main Street Case No.:
City: Plainfield
State: PA
Zip: 17081
FRONT VIEW OF
SUBJECT PROPERTY
Appraised Date: March 5, 2014
Appraised Value: $ 100,000
REAR VIEW OF
SUBJECT PROPERTY
STREET SCENE
Client Frey & Tiley
Property Address:107 East Main Street
City. Plainfield
State: PA
File No.: 14-0126
Case No.:
Zip: 17081
Side View
Side View
Street (opposite view)
Ptocuted u.s4 Ars r43.230:11 ,,,cachattrs.
PH:3=175,a
COMPARABLE PROPERTY PHOTO ADDENDUM
Client: Frey & Tiley
File No.: 14-0126
Property Address:107 East Main Street Case No.:
City: Plainfield
State: PA
Zip: 17081
COMPARABLE SALE#1
1598 Newville Road
Carlisle, PA 17015
Sale Date: 09/1312013
Sale Price: $100,000
COMPARABLE SALE #2
2123 Newville Road
Carlisle, PA 17015
Sale Date: 03/12/2014
Sale Price: $ 133,000
COMPARABLE SALE#3
39 Burgners Road
Carlisle, PA 17015
Sale Date: 08/19/2013
Sale Price: $ 119,900
LOCATION MAP
Client: Frey & Tiley
File Na.: 144126
Property Address:107 East Main Street
Case No.:
City: Plainfield
State: PA
Zip: 17081
ocdRc
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pat,' ri.k.
Comparable Sale 3 3
39 Burgners Road ;
Cadisle, P A 170 t5
1.50 miles NW
wos,oess Gap Rd
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9(D1.4•Eno
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' stone -
;407
1.0
• ; G
%
Comparable Sale 2
2123 Newville Road , i . «
Cls Carfisle, PA 17015 : I to? ast wain street i Comparable Sale 1 j
121 miles Ntrtf . '. Plainfield, PA 1708141800 1508 Neumille Road i '
t
.., 1 Cadisle, P A 17015 '
c.. 1.22 miles SE
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Map data 0.1X114 Gooch
MOT 'Er
Client: Frey & Tiley
File No.: 14-0126
Property Address: 107 East Main Street
Case No.:
City: Plainfield
State: PA Zip: 17081
Subject
107 East Main Street
Plainfield, PA 17081-9800
FloodMap Legend
Flood Zones
Areas Vandaled by 50.year flooding
Nees WOO° of the 100- and 500yeer floabplarns
/was inundated by 106year flooding
SAreas YMatdaled by 100 -year flooding w11h velocity hazard
Floodway area;
®Floodway areas w5lh velocity hazard
Areas orswdatormtnmd but possdfb Rodd hezards
Fleas not mapped On any pubashed FIRM
Flood Information
Community: 423590 - WEST PENNSBORO, TOWNSHIP OF
Property is not it a FEMA special flood hazard area.
Map Number 4204 1CO209E Map Date: 03116/2009
Panel: 0209E FIPS: 42041
Zone: X
Nhasher Ttni2n lmtrtt:r Flood Hazard Ctrttittltian (TFHC) nor ACI mnko Any
re prasent:,tinns ar v,.srranuas to any parry concerning the content. accuracy or
camp!ot_ness o!th's; flood report, including any warranty of merctiantabliity or
*sloes Otto pautrrrtar purprrcd. Nano( TFHC riot ACI nor Inn seller of thto
load report shall have any liability to any third party for any use or misuse 01
this Rood report.
File No. 14-0126
QUALIFICATIONS*"'`**"*"th
he 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 sales used DO NOT AFFECT THE MARKET
VALUE OR THE FUTURE MARKETABILITY OF THE SUBJECT PROPERTY BEING APPRAISED. This Is not a home
inspection service. This is an appraisal to estimate market value.
1. The subject Is located in a rural area and is less than 25% built-up.
_x_2. Commercial/Industrial 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.
_x_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 Zone. Flood Insurance coverage is required and
suggested.
_6. Dampness is noted in the basement of the subject. Standing or running water was not present on basement
floor. This condition is considered typical in dwellings of this style.
_x_7. The subject property is serviced by private well and/or septic systems which is common for the area.
_x_8. 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.
_9. Repair items were noted in the comments section of the report. These comments on repair items are for
descriptive purposes only and 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 pose 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.
_12. The land value exceeds 30% of total value due to the high demand for vacant land 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 size of the site. This condition Is
considered to be typical and common.
_x_14. Individual adjustments were required that exceed 15%. These adjustments were required due to lack of more
similar comparables on that individual rating. All comparables used are the best available.
_x_15. Total adjustments exceed 25%. 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.
_x_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, none 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 same
marketing area. All comparables used are the best available.
_18. 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_certlflcation(s) Is/are suggested.
_22. Inground swimming pool_ out buildings are Included ,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. -
File No. 14-0126
QUALIFICATIONS*'"`""*"**
_24. The subject property is located on a private road.
_25. Wood infestation inspection is suggested.
_x_26. Last recorded deed transfer: Date_08/31/1973, Consideration: 5.24,900
27. Proposed construction/renovation 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,
_x_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.
Pile No. 14-0126
QUALIFICATIONS *********
Confidentiality and Security
We consider privacy to be fundamental to bur relationship with clients. We are committed to maintaining the
confidentiality, Integrity and security of clients' personal 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
federal standards to protect your nonpublic personal information. We do not disclose this Information about you or
any former consumers or customers to anyone, except as permitted by law. The law permits us to share this
Information with our affiliates. The law also permits us to share this information with companies that perform
marketing.
When we share nonpublic Information referred to above, the information Is made available for limited purposes and
under controlled circumstances. We require third parties to comply with our standards for security and conflentiality.
We do not permit use of consumer/customer information for any other purpose nor 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 have completed the requirements under the
continuing education program of the Appraisal Institute.
EXHIBIT "C"
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
215-563-7000
Fax: 215-568-7616
April 21st, 2014
CERTIFIED MAIL
ST. DUDE CHILDREN'S RESEARCH HOSPITAL
262 DANNY THOMAS PL
MEMPHIS, TN 38105-3678
RE: Loan No: 0092217173
Representing
Pennsylvania
nders in
STEPHEN D. TILEY, ESQUIRE, IN HIS
CAPACITY AS EXECUTOR OF THE
ESTATE OF BARBARA VANCE A/K/A
BARBARA A. VANCE
5 S HANOVER ST
CARLISLE, PA 17013-3307
STEPHEN D. TILEY, ESQUIRE, IN HIS
CAPACITY AS EXECUTOR OF THE
ESTATE OF BARBARA VANCE A/K/A
BARBARA A. VANCE
107 EAST MAIN STREET
PLAINFIELD, PA 17081
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE
OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt of this notice, the
debt will be assumed to be valid by our firm. If you notify our office in writing within the thirty (30) day period that the debt or
any portion thereof is disputed, we will obtain and provide you with verification of the debt by mail. Upon your written request
within the thirty (30) day period, our office will provide you with the name and address of the original creditor, if different from
the current creditor.
We represent Wells Fargo Bank, N.A. The MORTGAGE held by Wells Fargo Bank, N.A. on your property located at
107 East Main Street, Plainfield, PA 17081, IS IN SERIOUS DEFAULT as a result of the death of the mortgagor. The total
amount now required to cure this default, as of the date of this letter is $99,385.29.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of
$99,385.29, plus any additional amounts and late charge which may fall due during this period Such payment must be made
either by cash, cashier's check, certified check or money order, and made at WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715.
If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage
payments. This means that whatever is owing on the original amount borrowed will be considered due immediately. If full
payment of the amount due is not made within THIRTY (30) DAYS, we also intend to start a lawsuit to foreclose on your
mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage
debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's
fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable
EXICBST "Cr
-1-
attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include
our reasonable costs. If you cure this default within the thirty day period, you will not be required to pay the attorney's fees.
If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the
right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by
paying the total amount of the debt plus any late or other charges then due, as well as the reasonable attorney's fees and costs
connected with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that the earliest
date that such a Sheriffs Sale could be held would be approximately six months from the date of this letter. A notice of the date
of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer
you wait. You may find out at any time exactly what the required payment will be by calling WELLS FARGO BANK, N.A. at
the following number: (877) 623-8439. This payment must be in cash, cashier's check, certified check or money order and made
payable to WELLS FARGO BANK, N.A. at the address stated above.
You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to remain in
it. If you continue to live in the property after the Sheriffs Sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interests in the property. YOU HAVE THE RIGHT TO SELL THE
PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE
PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE
DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS
ARE PAID PRIOR TO OR AT THE SALE [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE
SATISFIED.] CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST.] YOU
HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU
HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE
PROCEEDINGS THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO
ACCELERATION AND FORECLOSURE.
cc: WELLS FARGO BANK, N.A.
Very truly you
John D. • rohn 3132+++1
PHELAN HALLINAN, LLP
On Behalf of Wells Fargo Bank, N.A.
ATTN: RMS LOSS MITIGATION - ERAKILS PETMEZAS
Certified Mail Number(s):
9214 8969 0096 4000 0068 65 and 9214 8969 0096 4000 0068 72
9214 8969 0096 4000 0068 89
,3q -;1;1(7:1.1T
- 2
q-^lili=11-
-2-
WELLS FARGO BANK, N.A.
Plaintiff
V.
STEPHEN D. TILEY, ESQUIRE, in his
Capacity as Executor of the Estate of
BARBARA ANN VANCE, and
ST. JUDE CHILDREN'S RESEARCH
HOSPITAL
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.: 2014-5084
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Answer with New
Matter on October 1, 2014, by placing a certified true and correct copy of the same in
the United States mail, postage pre -paid, addressed to:
Phelan Hallinan, L.P.
Meredith Wooters, Esquire
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Tel. No. 215-563-7000
• Supreme Court I.D. #307207
Dated: E2e/-.. ,2D/7/
St. Jude Children's Research Hospital
262 Danny Thomas Place
Memphis, TN 38105-3678
Stephen D. Tiley, Esquire
Frey and Tiley
Attorney for Estate of
Barbara Ann Vance
5 South Hanover Street
Carlisle, PA 17013
(717) 243-5838
Supreme Court I.D.#32318
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK, N.A.
C/O WELLS FARGO BANK, N.A.
Plaintiff,
vs.
STEPHEN D. TILEY, ESQ, in his capacity as
Executor of the Estate of BARBARA A. VANCE
A/K/A BARBARA ANN VANCE
ST. JUDE CHILDREN'S RESEARCH HOSPITAL
Defendant
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14-5084
CUMBERLAND COUNTY
PRAECIPE TO RELEASE PARTY DEFENDANT AND CORRECT CAPTION
AND AFFIDAVIT OF RELEASE OF LIABILITY
PURSUANT TO Pa. R.C.P. RULE 1144(b)
Plaintiff, WELLS FARGO BANK, N.A. C/O WELLS FARGO BANK, N.A. by and
through its counsel, Phelan Hallinan LLP, hereby releases ST. JUDE CHILDREN'S
RESEARCH HOSPITAL as a Party Defendant in the within foreclosure action in accordance
with Pa. R.C.P., Rule 1144(b), as SARA L. HALL, CHIEF LEGEAL OFFICE/ALSAC FOR ST.
JUDE CHILDREN'S RESEARCH HOSPITAL has executed a Waiver by Heir of Right to be
Named as Defendant in the Foreclosure Action. Said Waiver is attached hereto and marked as
Exhibit "A".
950153
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Because SARA L. HALL, CHIEF LEGEAL OFFICE/ALSAC FOR ST. JUDE CHILDREN'S
RESEARCH HOSPITAL is released as a Party Defendant, please remove her from the case caption
accordingly.
Dated:
950153
/0/i1/7.1 By
PHELAN HALLINAN, LLP
.,7/0-1./ 4 -------
Adam Davis, Esq., Id. No. 203034
Attorney for Plaintiff
3
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK, N.A.
C/O WELLS FARGO BANK, N.A.
Plaintiff,
vs.
STEPHEN D. TILEY, ESQ, in his capacity as
Executor of the Estate of BARBARA A. VANCE
A/K/A BARBARA ANN VANCE
ST. JUDE CHILDREN'S RESEARCH HOSPITAL
Defendant
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14-5084
CUMBERLAND COUNTY
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff's Praecipe to Correct Case
Caption and Release defendant SARA L. HALL, CHIEF LEGEAL OFFICE/ALSAC FOR ST.
JUDE CHILDREN'S RESEARCH HOSPITAL was sent via first class mail to the following on
the date listed below:
STEPHEN D. TILEY, ESQ, in his capacity as Executor of the Estate of BARBARA A. VANCE
A/K/A BARBARA ANN VANCE
5 S HANOVER ST
CARLISLE, PA 17013-3307
ST. JUDE CHILDREN'S RESEARCH HOSPITAL
262 DANNY THOMAS PL
MEMPHIS, TN 38105-3678
Dated: /cli'2Jfiv
950153
By:
PHELAN HALLINAN, LLP
Adam Davis, Esq., Id. No. 203034
Attorney for Plaintiff
EXHIBIT "A"
WAIVER BY HEIR OF RIGHT TO BE NAMED
AS A DEFENDANT IN FORECLOSURE ACTION
St. Jude Children's Research Hospital, Devisee of the Estate of Barbara A. Vance a/k/a
Barbara Vance, Deceased, hereby waive the right to be named as a defendant in a foreclosure
action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO
BANK, N.A., involving a mortgage secured on premises 107 East Main Street, Plainfield, PA
17081, which property was owned by the decedent at the time of her death.
St. Jude Children's Research Hospital, hereby consents to the foreclosure action, without
any further notice of said action, including but not limited to the Sheriff's sale, and understand
that any interest that the organization may have in the mortgaged premises will be divested upon
completion of the foreclosure action.
Date: q15
(Li
St. Jude Children's Research Hospital, Devisee of the
Estate ;; Barb, a A. Vance a/k/a Barbara Vance,
Decea
By:
Sari . Hall
Position: Chief Legal Officer /ALSAC
Authorized Representative
* This firm is a debt collector. Any information we receive will be used for that purpose. If your
personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real
estate secured by the mortgage.
Phelan Hallinan, LLP
Michael Dingerdissen, Esq., Id. No. 317124
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK, N.A.
Plaintiff
vs.
STEPHEN D. TILEY, ESQ
Defendant(s)
,
;THONG k
201 2: 54
CUtriaE70_,10 COY'
RE:11'LVANI UNT
ATTORNEY FOR PLAINTIFF
:• COURT OF COMMON PLEAS
CIVIL DIVISION
: NO. 14-5084
: CUMBERLAND COUNTY
PRAECIPE TO SUBSTITUTE VERIFICATION
TO CIVIL ACTION COMPLAINT
IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly substitute the attached verification for the verification originally filed with the
complaint in the instant matter.
Date: 11 14114
PH #: PH # 950153
Phelan Hallinan, LLP
Attorne for Plaintiff
By:
Michael Dingerdissen, Esq., Id. No. 317124
. . ,
h
VERIFICATION
Sherri W. McManus, hereby states that she is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter and that she
is authorized to make this Verification, and verifies that the statements made in the foregoing
Civil Action in Mortgage Foreclosure are true and correct to the best of her information and
belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 4904 relating to unsworn falsification to authorities.
Wells Fargo Bank, N.A.
Sherri W. McManus
Vice President Loan Documentation
Wells Fargo Bank, N.A.
08/27/2014
PH # 950153
Phelan Hallinan, LLP
Michael Dingerdissen, Esq., Id. No. 317124
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK, N.A.
vs.
STEPHEN D. TILEY, ESQ
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
Plaintiff : CIVIL DIVISION
: NO. 14-5084
: CUMBERLAND COUNTY
Defendant(s)
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification
of Complaint was sent via first class mail to the following on the date listed below:
STEPHEN D. TILEY, ESQ
FREY & TILEY, 5 S HANOVER ST
CARLISLE, PA 17013-3307
Date: Wieh
PH #: PH # 950153
Phelan Hallinan, LLP
Attorney for Plaintiff
By:
Michael Dingerdissen, Esq., Id. No. 317124