HomeMy WebLinkAbout10-2692HARTMAN SHURR
Charles N. Shurr, Jr., Esquire
Attorney I.D. #74813
1100 Berkshire Blvd., Suite 301
P.O. BOX 5828
Wyomissing, PA 19610
(610) 779-0772
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Attorneys for Plainti
2010 APR 22 PM 2: 42
CUVE- ? JUNTY
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of III Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, CIVIL ACTION - LAW
Plaintiff
VS.
: CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
Defendant NO. 10 - a(o4d C,ti v i (t°.r'M
CONFESSION OF JUDGMENT
I appear for the Defendant, Samuel D. Chandler, by the authority contained in the
Promissory Note executed by the Defendant in favor of the Plaintiff, a true and correct copy of
which is attached as an Exhibit to the Complaint filed in this action, and confess judgment in
favor of the Plaintiff and against the Defendant, Samuel D. Chandler, as follows:
Outstanding Principal Balance $205,381.82
Accrued Interest through 4/14/10
(currently $17.12 per diem) $ 1,557.48
Late Charges through 4/14/10 $ 111.30
Total Amount Due through 4/14/10 $207.050.60
Under the terms of the Promissory Note, the Plaintiff is also entitled to reimbursement for
all late charges, attorneys' fees, and other costs of collection.
WHEREFORE, the Plaintiff demands judgment against the Defendant, Samuel D.
Chandler, in the total amount of $207,050.60 together with interest from April 14, 2010 forward
(currently $17.12 per diem), late charges, attorneys' fees, and collection costs.
HARTMAN SHURRBy: eak',?i
Charles N. Shurr, Jr., Esquire
Attorneys for Plaintiff
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HARTMANSHURR
Charles N. Shurr, Jr., Esquire
Attorney I.D. #74813
1100 Berkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, CIVIL ACTION - LAW
Plaintiff
VS.
CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER, .
Defendant NO.
COMPLAINT IN CONFESSION OF JUDGMENT
1. The Plaintiff, National Loan Investors, L.P., assignee of IB Property Holdings,
LLC, assignee of Silver Hill Financial, LLC, is a Delaware limited partnership with an office at
5619 North Classen Boulevard, Oklahoma City, Oklahoma 73118-4015 ("Plaintiff')
2. The Defendant, Samuel D. Chandler, is an adult individual with a last known
address of 31 Victoria Way, Camp Hill, Pennsylvania 17011 ("Defendant").
3. On or about June 12, 2008 the Defendant executed and delivered to Silver Hill
Financial, LLC ("Silver Hill") a Promissory Note in the original principal amount of
$189,000.00. Said Promissory Note was subsequently modified and amended by a Modification
Agreement dated September 22, 2009 and a Modification Agreement Correction Letter dated
December 31, 2009. (Said Promissory Note, Modification Agreement, and Modification
Agreement Correction Letter are hereinafter collectively referred to as the "Note.") A true and
correct copy of the Note is attached hereto as Exhibit A and incorporated herein by reference.
I Y
4. The amount outstanding under the Note is as follows:
Outstanding Principal Balance $205,381.82
Accrued Interest through 4/14/10
(currently $17..12 per diem) $ 1,557.48
Late Charges through 4/14/10 $ 111.30
Total Amount Due through 4/14/10 $207,050.60
Under the terms of the Note, the Plaintiff is also entitled to reimbursement for all
late charges, attorneys' fees, and other costs of collection.
5. A true and correct copy of the document upon which the Defendant has authorized
Confession of Judgment is attached hereto as Exhibit A and is incorporated herein by reference.
6. On or about July 15, 2009 Silver Hill assigned the Note and related loan
documents to IB Property Holdings, LLC ("IB"), and on or about February 23, 2010 IB assigned
the Note and related loan documents to the Plaintiff. True and correct copies of the Allonges to
the Note are attached hereto as Exhibit B and incorporated herein by reference.
7. The Plaintiff has not assigned the Note and is the holder thereof.
8. Judgment has not been entered on the Note in any jurisdiction.
9. Judgment is not being entered against a natural person in a consumer credit
transaction.
10. The Plaintiff is authorized to enter judgment by confession against the Defendant
at this time.
11. The Defendant is in default of his obligations under the terms of the Note due to,
without limitation, his failure to make payments when due.
WHEREFORE, the Plaintiff demands judgment against the Defendant, Samuel D.
Chandler, in the total amount of $207,050.60, together with interest from April 14, 2010 forward
(currently $17.12 per diem), late charges, attorneys' fees, and collection costs.
HARTMAN SHURR
By: 6&A"ai_
Charles N. Shurr, Jr., Esquire
Attorneys for Plaintiff
A
PROMISSORY NOTE
{ PENNSYLVANIA }
$189,000.00 DATE:
June 12, 2008
MATURES: July 1, 2033
FOR VALUE RECEIVED, Samuel D Chandler, a married man, whose address is 31 Victoria Way,
Camp Hill, PA 17011 17011, as maker (the "Borrower"), hereby unconditionally, jointly and
severally (if more than one), promises to pay to the order of Silver Hill Financial, LLC, a Delaware
Limited Liability Company, as payee, having an address at 895 SW 30 Ave, Suite 103, Pompano
Beach, Florida 33069, (the "Lender"), or at such other place as the holder hereof may from time to
time designate in writing, the principal sum of One Hundred Eighty-Nine Thousand and No/100
Dollars ($189,000.00), in lawful money of the United States of America with interest thereon to be
computed from the date of this Promissory Note ("Note") at the Applicable Interest Rate (defined
below) in accordance with the terms of this Note.
PAYMENT TERMS.Borrower agrees to pay sums under this Note in equal payments of principal
and interest, each in the amount of One Thousand Five Hundred Thirty-Seven Dollars And
Eighty-One Cents ($1,537.81) commencing August 1, 2008, and on the 1st day of each calendar
month thereafter (each,, a "Payment Date"). The entire principal balance and all accrued and
unpaid interest thereon shall be due and payable on July 1, 2033 (the "Maturity Date"). Each
installment payment shall be applied as follows: (i) first, to the payment of late charges and
interest computed at the Default Rate (defined below), if applicable; (ii) second, to the payment of
interest at the Applicable Interest Rate; and (iii) third, the balance toward the reduction of the
principal balance.
2. INTEREST . Interest on the unpaid principal balance due hereunder shall accrue at a rate of Eight
And One Half Percent (8.500) per annum (the "Applicable Interest Rate"). Interest shall be
computed on the actual number of days elapsed and an assumed year of 360 days.
SECURITY. This Note is secured by that certain Mortgage and Security Agreement, Deed of
Trust and Security Agreement, or Deed to Secure Debt and Security Agreement; and Assignment
of Leases and Rents and Security Agreement and Fixture Filing (the "Security Instrument") of
even date herewith given by Borrower to Lender encumbering certain premises located in
CUMBERLAND County, Parish or Judicial District of the Commonwealth or State of PA, (the
"Real Property") and the Other Security Documents (as defined in the Security Instrument)
encumbering other property ("Other Property"), as more particularly described therein (the Real
Property and the Other Property are hereinafter collectively referred to as the "Property").
4. DEFAULT AND ACCELERATION. If any payment required in this Note is not paid (a) prior to
the fifth (5th) day after a Payment Date, (b) on the Maturity Date or (c) on the happening of any
other default, after the expiration of any applicable notice and grace periods, herein or under the
terms of the Security Instrument or any of the Other Security Documents (collectively, an "Event
of Default"), and the Lender declares an Event of Default, then, at the option of Lender (i) the
whole of the principal sum of this Note, (ii) interest, default interest, late charges and other sums,
as provided in this Note, the Security Instrument or the Other Security Documents, (iii) all other
monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the
Other Security Documents, (iv) all sums advanced pursuant to the Security Instrument to protect
and preserve the Property and any lien and security interest created thereby; (v) all sums advanced
and costs and expenses incurred by Lender in connection with the Debt (defined below) or any
part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof,
or the acquisition or perfection of the security therefor, whether made or incurred at the request of
Borrower or Lender ; (vi) the Prepayment Consideration, if any; and (vii) any and all additional
advances made by Lender to complete Improvements or to preserve or protect the Property, or for
taxes, assessments or insurance premiums, or for the performance of any of Borrower's
obligations hereunder or under the Other Security Documents (all the sums referred to
in (i) through (vii) above shall collectively be referred to as the "Debt") shall without notice
become immediately due and payable.
5. DEFAULT INTEREST. Borrower agrees that upon the occurrence (and Lender's declaration) of
an Event of Default, Lender shall be entitled to receive and Borrower shall pay interest on the
entire unpaid principal sum at a per annum rate equal to the lesser of (i) ten percent (10%) plus
the Applicable Interest Rate, or (ii) the maximum interest rate which Borrower may by law pay
(the "Default Rate"), and shall be due and payable ON DEMAND. The Default Rate shall be
computed from the occurrence of the Event of Default. Interest calculated at the Default Rate
shall be deemed secured by the Security Instrument and the Other Security Documents. This
clause, however, shall not be construed as an agreement or privilege to extend the date of the
payment of the Debt, nor as a waiver of any other right or remedy accruing to Lender by reason
of the occurrence of any Event of Default.
6. LATE CHARGE. If any monthly installment payable under this Note is not paid prior to the fifth
(5th) day after the applicable Payment Date, Borrower shall pay to Lender upon demand an
amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) the maximum
amount permitted by applicable law to defray the expenses incurred by Lender in handling and
processing the delinquent payment and to compensate Lender for the loss of the use of the
delinquent payment; and this amount shall be secured by the Security Instrument and the Other
Security Documents. This clause, however, shall not be construed as an agreement or privilege to
extend the date of the payment of the Debt, nor as a waiver of any other right or remedy accruing
to Lender by reason of the occurrence of any Event of Default.
7. PREPAYMENT.
a. Lockout Period : Borrower shall not be permitted to make any full or partial
prepayment of the principal balance of this Note (a "Prepayment") prior to that date
that is sixty (60) months after the date of this Note (the "Lockout Period"). If, for any
reason, a Prepayment is made during the Lockout Period (a "Lockout Prepayment"),
Borrower shall, simultaneously therewith, be obligated to pay: (i) the aggregate
amount of interest which would have accrued on the unpaid principal balance of this
Note from the date of such Lockout Prepayment through the expiration date of the
Lockout Period (the "Lockout Fee"), plus (ii) all amounts specified in Section 7(b)
below).
b. Prepayment Period: At any time during the Prepayment Period (as defined below),
the principal balance of this Note may be prepaid in whole, but not in part, pursuant
to the terms contained in this Section 7. If Borrower makes any Prepayment within
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the first Five years after the date of this Note (the "Prepayment Period"), the Borrower
shall be obligated to pay to Lender the following amounts:
(i) an amount equal to Five percent (5.000%) of the then outstanding
unpaid principal balance of this Note (the "Prepayment
Consideration"); and
(ii) all accrued interest on the outstanding principal balance to and
including date on which the Prepayment is made; and
(iii) all other sums due under this Note, the Security Instrument and all
Other Security Documents.
Prepayments Without Consideration: No Prepayment Consideration or Lockout Fee (if
any) shall be due or payable with respect to any full or partial Prepayment made by
Borrower after the expiration of the Prepayment Period.
d. Notice of Prepayment: Prior to making any Prepayment, Borrower must provide Lender
with not less than sixty (60) days advance written notice of Borrower's intent to make such
Prepayment. Such notice must specify: (i) the date on which Prepayment is to be made,
and (ii) the principal amount of such Prepayment. Lender shall not be obligated to accept
any Prepayment unless it is accompanied by all other amounts due in connection therewith.
Permitted Prepayment Date : Borrower may only make a Prepayment on a regularly
scheduled Payment Date (as defined in Section 1 of this Note). Lender shall not be
required to accept any Prepayment made on a date other than a regularly scheduled
Payment Date. If Borrower submits a Prepayment on any date other than a regularly
scheduled Payment Date, then Borrower shall be required to pay all interest that would
have accrued through the next scheduled Payment Date.
Insurance/Condemnation Prepayments: Notwithstanding anything to the contrary
contained herein, and provided no Event of Default exists, no Prepayment Consideration
shall be due in connection with any Prepayment resulting from the application of insurance
proceeds or condemnation awards pursuant to the terms of the Security Instrument or
changes in tax and debt credit pursuant to the terms of the Security Instrument.
For purposes of this Section 7, the terms "Lockout Prepayment" and "Prepayment" shall
include, without limitation, any prepayment of principal that occurs as a result of any Event
of Default in any of the Loan Documents or an acceleration of the Maturity Date under any
circumstances, any prepayment of principal occurring in connection with foreclosure
proceedings or exercise of any applicable power of sale, any statutory right of redemption
exercised by Borrower or any other party having a statutory right to redeem or prevent
foreclosure, any sale in foreclosure or under exercise of any applicable power of sale, deed
in lieu of foreclosure or otherwise, and any other voluntary or involuntary prepayment of
principal made by Borrower.
LOAN CHARGES. Borrower agrees to an effective rate of interest that is the rate stated in this
Note, plus any additional rate of interest resulting from any other sums, amounts, and charges in
the nature of interest paid or to be paid by or on behalf of Borrower, or any benefit or value
received or to be received by the holder of this Note, in connection with this Note. Without limiting
the foregoing, this Note, the Security Instrument and the Other Security Documents are subject to
the express condition that at no time shall Borrower be obligated or required to pay interest on the
principal balance due hereunder at a rate which could subject Lender to either civil or criminal
liability as a result of being in excess of the maximum interest rate which Borrower is permitted
by applicable law to contract or agree to pay. If by the terms of this Note, the Security Instrument
and the Other Security Documents, Borrower is at any time required or obligated to pay interest
on the principal balance due hereunder at a rate in excess of such maximum rate, the Applicable
Interest Rate or the Default Rate, as the case may be, shall be deemed to be immediately reduced
to such maximum rate and all previous payments in excess of the maximum rate shall be deemed
to have been payments in reduction of principal and not on account of the interest due hereunder,
and any excess remaining shall be refunded to Borrower. All sums paid or agreed to be paid to
Lender for the use, forbearance, or detention of the Debt, shall, to the extent permitted by
applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the
Note until payment in full so that the rate or amount of interest on account of the Debt does not
exceed the maximum lawful rate of interest from time to time in effect and applicable to the Debt
for so long as the Debt is outstanding. In determining whether or not the interest paid or payable
hereunder exceeds the maximum lawful rate, the Lender may utilize any law, rule or regulation in
effect from time to time and available to the Lender.
9. WAIVERS. Borrower and all others who may become liable for the payment of all or any part of
the Debt do hereby severally waive (a) presentment and demand for payment, notice of dishonor,
protest and notice of protest and non-payment and all other notices of any kind, except for notices
expressly provided for in this Note, the Security Instrument or the Other Security Documents and
(b) any defense of the statute of limitations in any action hereunder or for the collection of the
Debt. No release of any security for the Debt or extension of time for payment of this Note or any
installment hereof, and no alteration, amendment or waiver of any provision of this Note, the
Security Instrument or the Other Security Documents made by agreement between Lender or any
other person or party shall release, modify, amend, waive, extend, change, discharge, terminate or
affect the liability of Borrower, and any other person or entity who may become liable for the
payment of all or any part of the Debt, under this Note, the Security Instrument or the Other
Security Documents. No notice to or demand on Borrower shall be deemed to be a waiver of the
obligation of Borrower or of the right of Lender to take further action without further notice or
demand as provided for in this Note, the Security Instrument or the Other Security Documents. If
Borrower is a partnership, corporation or limited liability company, the agreements contained
herein shall remain in full force and effect, notwithstanding any changes in the individuals or
entities comprising the Borrower, and the term Borrower, as used herein, shall include any
alternate or successor entity, but any predecessor entity, and its partners or members, as the case
may be, shall not thereby be released from any liability. (Nothing in the foregoing sentence shall
be construed as a consent to, or a waiver of, any prohibition or restriction on transfers of interests
in Borrower which may be set forth in the Security Instrument or any Other Security Document).
10. AUTHORITY. Borrower (and the undersigned representative of Borrower, if any) represents that
Borrower has full power, authority and legal right to execute and deliver this Note, the Security
Instrument and the Other Security Documents and that this Note, the Security Instrument and the
Other Security Documents constitute legal, valid and binding obligations of Borrower,
enforceable in accordance with their respective terms.
4
I ] . GOVERNING LAW. This Note shall be governed, construed, applied and enforced in
accordance with the laws of the State in which the Real Property is located, without regard to
principles of conflicts of law.
12. NOTICES. All notices required or permitted hereunder shall be given as provided in the Security
Instrument.
13. INCORPORATION BY REFERENCE. All of the terms, covenants and conditions contained in
the Security Instrument and the Other Security Documents are hereby made part of this Note to
the same extent and with the same force as if they were fully set forth herein. In the event of any
conflict in terms, the terms of the Note, Security Instrument and Other Security Documents (in
that order) shall control.
14. MISCELLANEOUS.
a. To the extent permitted by applicable law, wherever pursuant to this Note it is provided that
Borrower pay any costs and expenses, such costs and expenses shall include, but not be
limited to, reasonable legal fees and disbursements of Lender, whether with respect to
retained firms, the reimbursement for the expenses of in-house staff, or otherwise. To the
extent permitted by applicable law, Borrower shall pay to Lender on demand any and all
expenses, including legal expenses and reasonable attorneys fees (at all levels including
appeals), incurred or paid by Lender in enforcing this Note, whether or not any legal
proceeding is commenced hereunder, together with interest thereon at the Default Rate from
the date paid or incurred by Lender until such expenses are paid by Borrower.
b. This Note may not be modified, amended, waived, extended, changed, discharged or
terminated orally or by any act or failure to act on the part of Borrower or Lender, but only by
an agreement in writing signed by the party against whom enforcement of any modification,
amendment, waiver, extension, change, discharge or termination is sought.
c. If Borrower consists of more than one person or party, the obligations and liabilities of each
person or party shall be joint and several.
d. Whenever used, the singular number shall include the plural, the plural number shall include
the singular, and the words "Lender" and "Borrower" shall include their respective successors,
assigns, heirs, executors and administrators.
e. The headings of this Note are for convenience only and are not to affect the construction of or
to be taken into account in interpreting the substance of this Note.
f. Time is of the essence hereunder.
g. A determination that any provision of this Note is unenforceable or invalid shall not affect
the enforceability or validity of any other provision and a determination that the application of
any provision of this Note to any person or circumstance is illegal or unenforceable shall not
affect the enforceability or validity of such provision as it may apply to other persons or
circumstances. The remaining provisions of this Note shall remain operative and in full force
and effect and shall in no way be affected, prejudiced or disturbed thereby.
5
15. DOCUMENTARY STAMPS. Any and/or all documentary stamps or taxes required to be paid in
connection with this Note has been paid at the time of recordation of the Security Instrument.
16. FINAL AGREEMENT. This Note, the Security Instrument and the other Security Documents,
represent the final agreement between the parties and may not be contradicted by evidence of
prior, contemporaneous or subsequent oral agreements. There are no unwritten oral agreements
between the parties. All prior or contemporaneous agreements, understandings, representations
and statements, oral or written, are merged into the Guaranty and the other Security Documents.
17. POWER OF ATTORNEY. To the extent permitted by applicable law, borrower hereby
irrevocably authorizes any attorney at law elected by Lender to appear for it in any action on this
Note in any court of record in the State ofPA or any other state or territory of the United States, or
at any time after the indebtedness evidenced by this Note, or any part thereof becomes due (by
acceleration or otherwise), to waive the issuance and service of process, and confess a judgment
in favor of Lender or any subsequent holder of this Note against Borrower, for the amount that
may then be due, together with the costs of suit and interest, and to waive and release all errors
and all rights to second trial, appeal, and stay of execution. The foregoing warrant of attorney
shall survive any judgment, and if any judgment be vacated for any reason, the holder hereof
nevertheless may thereafter use the foregoing warrant of attorney to obtain an additional
judgment or judgments against Borrower.
18. WAIVER OF TRIAL BY JURY. BORROWER AND LENDER, BY ITS ACCEPTANCE
HEREOF, EACH HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW,
THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM,
WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR
INDIRECTLY TO THE LOAN EVIDENCED BY THIS NOTE, THE APPLICATION FOR
THE LOAN EVIDENCED BY THIS NOTE, THIS NOTE, THE SECURITY INSTRUMENT
OR THE OTHER SECURITY DOCUMENTS OR ANY ACTS OR OMISSIONS OF ANY
PARTY OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS OR
AGENTS IN CONNECTION THEREWITH. THIS WAIVER OF THE RIGHT TO TRIAL BY
JURY IS A MATERIAL INDUCEMENT TO THE LENDER FOR THE LENDER TO MAKE
THE LOAN.
READ ALL CREDIT AGREEMENTS BEFORE SIGNING. THE TERMS OF ALL CREDIT
AGREEMENTS SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN
WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT
CONTAINED OR SPECIFICALLY INCORPORATED BY WRITING IN THIS WRITTEN
CREDIT AGREEMENT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE
TERMS OF THIS CREDIT AGREEMENT ONLY BY OTHER WRITTEN CREDIT
AGREEMENTS.
[NO FURTHER TEXT - SIGNATURES APPEAR ON NEXT PAGE]
IN WITNESS WHEREOF, Borrower has duly executed this Note as of the day and date first
above written.
Signed, sealed and delivered
in the presence of: Borrower:
Print Name: LC215
Samuel D Chandler
Print Name:
ACKNOWLEDGMENT
COMMONWEALTH OF )
PENNSYLVANIA ss.:
COUNTY OF )
The foregoing instrument was acknowledged before me on June 12, 2008 by Samuel D Chandler.
He/she is personally known to me or produced as
identification, and did/did not take an 6'ath.
[Official Notary Seal]
COMMONWEALTH OF PENNS I VANiA
Notadal SPA! f
Lisa A. Seay. Notary" Pubiir.:
CJty of Harrisburg; DaUPhir. 0`0'6
I My Commimu? E)ireS.)mlv 74 VI , i
.ember. °ennsvivania Association of Notaries
Notary Publickjq?6irlrionwealth-of Pennsylvania
Print or T,y?e Name:
My Co 'ssion--Expires:
8
MODIFICATION AGREEMENT
This modification agreement Is made and entered into, by and between, Bayview
Loan Servicing, LLC, ("Servicer") and Samuel D Chandler ("Borrower").
RECITALS
A. Servicer is the holder or servicing.agent of the holder bf that certain
Promissory Note ("Note") dated 06112/2008, executed by Borrower or Borrower's
predecessor-in-interest in the original principal sum of $189,000.00.
B. The note evidences a loan CLoan") to Borrower or Borrower's predecessor-in-
Interest on 06112/2008, in the onganal principal sum of $189,000.00 along with a
Deed of Trust or Mortgage ("Security Instrument") securing said Note. The Security
Instrument creates a secured lien on certain real property ("Property") owned by
Borrower (and is more specifically described In the Security Instrument). The Note
and Security Instrument and all other loan documents related to the Loan are
hereinafter collectively referred to as the "Loan Documents".
C. Due to adverse economic circumstances, Borrower has requested Servicer to
adjust the scheduled amortization of the Note to permit Borrower to meet Borrower's
obligations to Servicer In full and In a timely manner. The requested adjustment will
i benefit Borrower, Servicer and any junior lien holder, by avoiding the possible
foreclosure of the Loan by Servicer. Accordingly, it Is considered to be in the best
Interest of all concerned to enter this Modification Agreement ("Agreement"),
D. Borrower hereby agrees that this Agreement may only become effective upon
Borrowers completion of the Stipulation Agreement dated 09/16/20D9, If Borrower
successfully completes all the terms of said Stipulation, Servicer will execute this
Agreement and adjust the Loan accordingly, However, said execution is subject to
Borrower's addressing and clearing of any and all title Issues to Servicers
satisfaction. All payments made pursuant to the Stipulation Agreement (with the
exception of the down payment mentioned below) will be credited to payments due
under this Modification Agreement.
E. Both Borrower and Servicer hereby agree that Servicer may, in its sole
discretion, record this Agreement.
AGREEMENT
NOW, THEREFORE, Borrower and Servicer hereby agree as follows:
1. NOTE MODIFICATIONS:
(a) Outstanding Debt:
Borrower agrees that the present unpaid principal balance due on the Note of
$187,507.70, shall be increased by $18,700.62 representing the amount of the
unpaid Interest, late charges, fees and costs, (Including credit for Stiplulation
Agreement downpayment), and, If applicable, any advances for unpaid property
taxes and/or Insurance premiums, for a total unpaid principal balance due of
$206,208.32 ("New Balance"). Borrower agrees to the accuracy of the allegations
contained in the above Recitals as well as to the authenticity and validity of each
document referred to herein and to the validittyy of the New Balance. Borrower agrees
that he/she has no defenses, claims, or offsets with respect thereto the amounts
referenced herein. Interest and payments will accrue on the New Balance at the
interest rates, whether adjustable, variable or fixed, provided in the Note, unless
modified by this Agreement.
(b) New Monthly Payments, Payment Adjustments:
Effective with the Borrower's monthly payment due. 11/01/2009, Borrower's monthly
principal and Interest payment will be $743.39. The estimated monthly escrow
payment will be $844.87. All payments received by Servicer will be credited towards
amounts due under the loan.
(c) New Interest Rate:
Effective on 10/0112009 to 10/01/2011, Borrower's rate of Interest will be 3.00%.
Effective on 10/01/2011, Borrower's rate of interest will be 4.00%. Effective on
10/01/2012, Borrower's rate of interest will be 5.00%. Effective on 10/01/2013
Borrower's rate of interest will be 6.00%. Effective on 10/01/2014, Borrower's rate of
interest will be 7.00%. Effective on 10/01/2015, Borrower's rate of interest will be
7.50% and will remain fixed for the remaining life of the loan.
(d) New Maturity Date:
The maturity date will be 10/01/2049, on which date any unpaid interest and all other
sums due shall be paid In full.
2. ESTABLISHMENT OF IMPOUND/ESCROW ACCOUNT:
Borrower acknowledges that Servicer will establish an Impound/escrow account if
l such account Is not currently In existence. Servicer will analyze the impound/escrow
account from time to time. As a result of this analysis, the escrow portion of
' Borrower's monthly payment may change. Borrower further acknowledges that the
escrow portion of his/her monthly payment may be substantially higher than the
estimate. (Note: In certain states, Impound/escrow accounts do not collect for
payment of taxes pertaining to Bond/Speclal Assessments and Irrigation/Water
District).
3. RELEASE:
Borrower releases Servicer, Its subsidiaries, affiliates, agents, officers and
employees, from any and all claims, damages or liabilities of any kind existing on the
date of this Agreement, which are in any way connected with the Lean, the servicing
of the Loan, or events which lead up to or resulted in Borrower entering into this
Agreement. Borrower waives any rights which Borrower may have under federal or
state statute or common law pdnc] le which may provide that a general release does
not extend to claims which are not known to exist at the time of execution, including
without limitation, California Civil Code § 1542, which provides as follows: A
' GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
Bayvlew Loan Servicing LLC 4425 Ponce de Leon Blvd Coral Gables, FL 33146 Page 2
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
4. AGREEMENT NOT TO ENCUMBER:
Borrower agrees that it will not voluntarily or involuntarily: (1) grant any Interest in or
option with respect to, any of the Property; or (11) create or permit to exist any lien,
security interest, or other charge or encumbrance upon or with respect to any of the
Property, except for Servicer's already existing security interest and lien, or sell the
Property for the benefit of itself or any party or in any manner other than that
contemplated by this Agreement.
5. CHANGE IN FINANCIAL STATUS:
In the event Borrower or any successor or assignee, shall (1) Ile with any bankruptcy
court of competent jurisdiction or made the subject of any petition under Title.11 of
the United States Code, as amended ("Bankruptcy Code"); (11) be the sub)eet of any
order for relief Issued under the Bankruptcy Code; (111) file or be the subject of any
petition seeking any reorganization, arrangement, composition, readjustment,
liquidation, dissolution or similar relief under any present or future federal or state act
or law relating to bankruptcy, insolvency, or other relief for debtors; (lv) have sought,
or consented to, or acquiesced in, the appointment of by any court of competent
i jurisdiction approving a petition filed against such party for any reorganization, any
trustee, receiver, conservator, or liquidator; or, (v) be the subject of any order,
judgment or decree entered arrangement composition, readjustment, liquidation,
dissolution, or similar relief under any present or future federal or state act or law
relating to bankruptcy, insolvency, or other relief for debtors, then, subject to court
approval. Servicer shall thereupon be entitled and Borrower Irrevocablyconsent$ to
relief from any automatic stay Imposed by Section $62 of the Bankruptcy Code or
otherwise, on or against the exercise of the rights and remedies otherwise available
to Servicer, including, but not limited to, immediate termination of this Agreement
and fling and/or proceeding with the. foreclosure and damage action, and any other
remedy as otherwise provided at law in equity, and Borrower hereby Irrevocably
agrees that he/she shall not object to and hereby irrevocably waives his/her rights to
object to Servicer's requests for such relief. This provision is a material inducement
for Servicer to enter into this Agreement.
6. NO OTHER CHANGES:
Except as expressly adjusted by this Agreement, all of the covenants, agreements,
stipulations, and conditions in the Note and the Security Instrument remain
unmodified and in full force and effect. The Security instrument continues to secure
on a first and prior lien basis the due and punctual payments of the Note, as modified
by this Agreement. None of Borrower's obligations or liabilities under the Security
Instrument shall be diminished or released by any provisions herein.Nor shall this
Agreement In any way Impair, diminish, or affect any of the Borrower's rights or
remedies in the Security Instrument whether such rights or remedies arise herein or
by operation of law. Any inserted terms, changes or additions to this Agreement will
1 immediately render it null and void. Borrower is encouraged to review this
Agreement with his/her legal advisor prior to signing it, but by signing the below
Borrower has voluntarily signed this Agreement.
7. NO RELIANCE; CONSTRUCTION:
Each of the parties hereto hereby declares that, prior to the execution of this
Agreement, they have apprised themselves of sufficient relevant data in order that
they might Intelligently exercise their own judgments in deciding on the contents of
this Agreement and whether to execute this Agreement. Borrower declares that
his/her decision to execute this Agreement is not as a result of undue Influence or
Bayvlew Loan Servicing LLC 4425 Ponce de Leon Blvd Coral Gables, FL 33146 Page 3
duress, and not predicated on or influenced by any deolaratfons or representations
j not set forth In this Agreement, by Servicer, or any other person or party or any
predecessors In Interest, Its successors, assigns, officers, mp
agents or attorneys. Each of the parties hereto hareby rthergacckonowladgas and'
agrees that each of them has had significant input In the development of this
Agreement and this Agreement shall not therefore be construed.
8. NO ORAL MODIFICATIOW,
Agreement This may not be amended or modified In any way except by a written exec utad by all of the parties hereto.
9. 340CESSORS AND ASSIGNS:
This Agreement shall be binding upon and Inure to the benefit of the signatories to
this Agreement and each of their respective successors and assigns. The
obligations of the signatories to this Agreement shall not be delegated or assigned.
ATTORNEYS FEES, JURY TRIAL WAIVER:
In the event that any party hereto brings suit for the collection of an damages
resulting from, or the Injunction of any action oonstituting, a breach of any terns or
provisbns of this Agreement, then the preve111 party shall be entitled to recover all
reasonable odurt cxasfa and attorney`s files. at all levels.
BORROWER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY
WAIVES HIS/HER RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY
LITIGATION BASED HEREON OR ARWING OUT OF, UNDER OR IN
CONNECTION WITH THIS AGREEMENT, THE LOAN DOCUMENTS, ANY
OTHER DOCUMENTS EXECUTED OR DELIVERED IN CONNECTION
HEREWITH, AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED OR
DELIVERED IN CONJUNCTION HEREWITH OR ANY COURSE OF CONDUCT,
COURSE OF DEALING, STATEMENTS TETHER VSRBAL OR WRITTEN OR
a ACTIONS-OF ANY PARTY. THIS PRO SION IS A MATERIAL INDUCEMENT
FOR SERVICER ENTERING INTO THIS AGREEMENT.
IN WITNESS WHEREOF, Servicer and Borrower have executed this Modification
Agreement.
Borrower:
m Date: - 22 a
y: amue an er
Servicer;
Date:
Y* BR W en,9e
n9 C
BAYYILa't+lf'
?ar?•
September 16, 2009
200068402
COUNTY OF:*Bml"
On & d before me,
the sa GoU t nronn:tilrv dii
U
a notary public for and within
0 ?2&?. as' the Borrowers.
V" III IYN RT'vW? W nV\0r?9Y to me . e e
same ?n his/herAhelshr a?dutf?o t16 the ad ce In{Iyn?strume'nt and acaicnowiet
person(s) an the entity upon behalf of vyh?chj{ha?pproo?tj ?d,
WITNESS my hand and official seal
on
1 '
MY com'Wsslon PL"MONWEALTH OF PENNSYLVANIA
SERVICER SIGNATURE: ARigi
STATE OF FLORJDA MICHAEL P- CARANCI, Notary public
as Lento Cumberisnd C"
COUNTY OF MIAMI DARE My Comminon? ? Expires June 15, 2010
On before me,
j the ae coun , personally =ad a noteryr public for and within
t3tnrlcln? LLC, as Servlcerr, dress anq? n B v , of BVvlew Loan
Florida 39148, persona known to ma (or proved to me on the basis of ' loot, Coral Gables,
to the
personrs) whose names) Istare subscribed to the within Instrument anted ackcnorytedg to
m
he/she/#hey executed t e same In his/her/their authorized ca
sipneturo(s) on the instrument the person(s) acted, executed the lnstsuma? by hia/har!#heir
WITNESS my hand and of lclal seal.
Notary Public
My oorrrmisslon expires:
i .
BAYVI EW. MODIFICATION AGREEMENT CORRECTION
Loan Servicing LETTER
December 31, 2009
Samuel Chandler
Property Address: 231 South a Street Lemoyne, PA 17043
Bear Customer.
This letter references the loan adjustment agreement that you signed September 22, 2009. As you have
Compiled with your stipulation plan, your loan has been modifled as agreed. Due to additIonal adjustments,
the unpaid principal balance as of January 1, 2010 was reduced from $205,789.23 to $245,387.87 which
decreased your principal and Interest payment from $743.39 to $742.02 respectively. Effective January 1,
2010, your total monthly payment Including escrow account (PITI) is $1588.89.
As the corrections Inure to your benefit and represent the Intent of the original bansactmrt, Bayvfew has taken
steps to update your account accordingly. Except as set forth In this letter, all of the terms of your note, as
previously modified, remain in full force and effect.
If you have any questions or concerns, please do not hesitate to contact me at 1-877488-5341.
Sincerely,
Alejandro Lou
Asset Manager
Bayview Loan Servicing, LLC
4425 Ponce de Leon B1vdJ51° Floor/Coral Gables, FL 33145(Tch (300) 457-5105
AFFIDAVIT
STATE OF OKLAHOMA
SS:
COUNTY OF ?C-IG?h m
Paul G. Heafy, being duly sworn according to law, deposes and says that he is a duly
authorized officer of National Loan Investors, L.P., Plaintiff herein; that he is authorized to execute
this Affidavit on behalf of Plaintiff, that the facts set forth in the foregoing Complaint in Confession
of Judgment are true and correct to the best of his knowledge, information and belief; and that the
documents attached as Exhibits to the Complaint are true and
Paul G
Sworn to and subscribed before me
this 15 day of April, 2010. PSmA p
.:
.?`
'
'Y
OT "
'
`?
•
N
•.
.
S
%
p
-
an
QGe11G o?Pc
Notary Public 0 K L
of the originals.
Managing General Partner
RLED-t FFCDE
OF THE PPS 'I\?0TARY
HARTMAN SHURR
Charles N. Shurr, Jr., Esquire
Attorney I.D. #74813
1100 Berkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
2010 APR 22 PM 2: 42
41'SYL\/i-AK I,
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, : CIVIL ACTION - LAW
Plaintiff
VS.
CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
Defendant NO. W - olbq _
a ?lV t iem
AFFIDAVIT OF COMMERCIAL TRANSACTION
STATE OF OKLAHOMA
?Cl a? n mom. SS:
COUNTY OF
Paul G. Heafy, being duly sworn according to law, deposes and says that he is an
authorized officer of the Plaintiff herein, and as such states th ju gm nt is not being entered
against a natural person in a consumer credit transaction. /I
Paul
Sworn to and subscribed before me
`a`?ENNA/p
this ? day of April, 2010.
c Y :EXP 10/y?/y0;
Notary Public O11P ''°
, Managing General Partner
HARTMAN SHURR
Charles N. Shurr, Jr., Esquire
Attorney I.D. #74813
1100 Berkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
RLED-oFFICE
OF THE P"C;; 4,')}<0TARY
2010 APR 22 P 2: 42
CJM -,jam
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of III Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, : CIVIL ACTION - LAW
Plaintiff
VS. .
SAMUEL D. CHANDLER,
CONFESSION OF JUDGMENT
Defendant : NO. Iti - 2b9A Civ*t LTerm+
AFFIDAVIT OF EARNINGS
STATE OF OKLAHOMA
COUNTY OF
SS:
Paul G. Heafy, being duly sworn according to law, deposes and says that he is an authorized
officer of National Loan Investors, L.P., Plaintiff herein; that he is authorized to make this
affidavit on behalf of Plaintiff; and that to the best of his knowledge, information and belief, the
income of the Defendant, Samuel D. Chandler, is in
Paul
Sworn to and subscribed before me 0,""
NA
v,yy
this I? day of April, 2010. _ Ek' 1012011011
C
Notary Public
$10,000.00 per year.
, Managing General Partner
HARTMAN SHURR
Charles N. Shurr, Jr., Esquire
Attorney I.D. #74813
1100 Berkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
FILED--OFFICE
OF'rH' P `?'T-' ? `.()I'APY
2010 APR 22 PPS 2: 42
CUPr1 ... °`UN
EV'
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, CIVIL ACTION - LAW
Plaintiff
VS.
CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
Defendant NO. 10- a&9a a-1VIFIerm
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF OKLAHOMA
SS:
COUNTY OF
Paul G. Heafy, being duly sworn according to law, deposes and says that he is an authorized
officer of National Loan Investors, L.P., Plaintiff herein, and as such states the following:
1. The Defendant, Samuel D. Chandler, is not in the military or naval service of the
United States or its allies, or otherwise within the provisions of the Servicemembers Civil Relief
Act (50 App. U.S.C. §501 et. sea.).
2. The Defendant, Samuel D. Chandler, is more than 21 years of age and has a last
known address of 31 Victoria Way, Camp Hill, Pennsylv 170 1
3. He makes this affidavit with due author' based Db
Sworn and subscribed fore me Pa Gam. -- afy,
`'P'??
this
1 j- ?J day of Ap ' , 10.
= ozo,s»4
N Ex P. 10120110' Q
Notary Public of pK?P"
investigation.
ink General Partner
-f
HARTMANSHURR
Charles N. Shurr, Jr., Esquire
Attorney I.D. #74813
1100 Berkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
FILED-CF SCE
')F T
nr7
2010 APP 22 PM 2: 42
CUPJI
O ly
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, : CIVIL ACTION - LAW
Plaintiff .
VS.
: CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
Defendant NO. 10 - 6VIA ai6t7e-m
NOTICE UNDER 42 Pa.C.S. §2737.1
INSTRUCTIONS REGARDING THE PROCEDURE
TO FOLLOW TO STRIKE THE JUDGMENT
TO: SAMUEL D. CHANDLER
31 VICTORIA WAY
CAMP HILL, PA 17011
Pursuant to 42 Pa.C.S.A. Section 2737.1, the following instructions regarding the
procedure to follow to strike the judgment in this matter are hereby provided:
1. The procedure to follow to strike a judgment by confession is set forth in
Pa.R.C.P. 2959, which provides as follows:
(a) (1) Relief from a judgment by confession shall be sought by petition.
Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment
or to open it must be asserted in a single petition. The petition may be filed in the county in
which the judgment was originally entered, in any county to which the judgment has been
transferred or in any other county in which the sheriff has received a writ of execution directed to
the sheriff to enforce the judgment.
(2) The ground that the waiver of the due process of rights of notice
and hearing was not voluntary, intelligent any knowing shall be raised only
(i) in support of a further request for a stay of execution where
the court has not stayed execution despite the timely filing of a petition for relief from the
judgment and the presentation of prima facie evidence of a defense; and
(ii) as provided by Rule 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule
2956.19(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty (30) days after such
service. Unless the defendant can demonstrate that there were compelling reasons for the delay,
a petition not timely filed shall be denied.
(b) If the petition states prima facie grounds for relief, the court shall issue a
rule to show cause and may grant a stay of proceedings. After being served with a copy of the
petition, the plaintiff shall file an answer on or before the return day of the rule. The return day
of the rule shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the
petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as
provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer and on any
testimony, depositions, admissions and other evidence. The court for cause shown may stay
proceedings on the petition insofar as it seeks to open the judgment pending disposition of the
application to strike off the judgment. If evidence is produced which in a jury trial would require
the issues to be submitted to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved
while the proceedings to strike off or open the judgment are pending.
2. Under 42 Pa.C.S.A. Section 2737.1, you are entitled to costs and reasonable
attorney fees as determined by the court if you are incorrectly identified and had judgment
entered against you.
HARTMAN SHURR
By: W U(/(
Charles N. Shurr, cJr,Esquire
Attorneys for Plaintiff
FILED-iYFlCE
OF THE PPCTP"7'%!0TARY
HARTMAN SHURR
Charles N. Shurr, Jr., Esquire
Attorney I.D. #74813
1100 Berkshire Blvd., Suite 301
P.O. BOX 5828
Wyomissing, PA 19610
(610) 779-0772
2010 APP 22 PM 2: 42
JW?J'` oL)'v`NTY
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, CIVIL ACTION - LAW
Plaintiff
VS.
: CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER, ,
Defendant : NO. 10 - JJA01 0'lvi?Texm
CERTIFICATION OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BERKS
ss.
Charles N. Shurr, Jr., Esquire, being duly sworn according to law, deposes and says that
to the best of his knowledge, information and belief, the addresses of the judgment creditor and
the judgment debtor in the above-captioned case are as follows:
Plaintiff:
National Loan Investors, L.P.
5619 North Classen Boulevard
Oklahoma City, OK 73118-4015
Sworn to and subscribed before me
this 10, +-h day of April, 2010.
tary Public
,COMMONWEALTH OF PENNSYLVANIA
Notarial Seai
Denise J Caha!a riotary Public
Upper Macungc, , vvp , Lehigh County
My Commission E=xpires Feb. 4, 20.12
Member, Pennsylvania Association of Notaries
Defendant:
Samuel D. Chandler
31 Victoria Way
Camp Hill, PA 17011
HARTMAN SHURR
By:-NU (
Charles N. Shurr, r., Esquire
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, CIVIL ACTION - LAW
Plaintiff
VS.
: CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
Defendant NO. {O -MA C M l `term
NOTICE
Pursuant to requirements of Pennsylvania Rule of Civil Procedure No. 236, you are notified that
there was entered in this office today, in the above-captioned case:
Judgment in the amount of $207,050.60, together with interest from April 14, 2010 forward
(currently $17.12 per diem), late charges, attorneys' fees, and collection costs for Plaintiff and
against the Defendant, Samuel D. Chandler.
Judgment for Defendant and against Plaintiff
Order or Decree in favor of
DATED: q L AAIo
Mailed to:
Prothonotary of Cum erland County
BY:
? Samuel D. Chandler
31 Victoria Way
Camp Hill, PA 17011
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-01 rICE
Sheriff OF TF,4 c ? r 7kR
Jody S Smith cP? 10 PPS 12:50
Chief Deputy
Richard W Stewart CuMn. . ;? . a;.) i? IWY
Solicitor PENI'Z&VANIA
National Loan Investors LP
vs. Case Number
Samuel D. Chandler 2010-2692
SHERIFF'S RETURN OF SERVICE
06/23/2010 06:42 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 23,
2010 at 1842 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the
above entitled action, upon the within named defendant, to wit: Sean D. Chandler, by making known unto,
Susan Chamdler, wife of defendant, at, 31 Victorial Way, Camp Hill, Cumberland County, Pennsylvania its
contents and at the same time handing to her personally the said true and correct copy of the same.
06/2612010 10:51 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 26,
2010 at 1050 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description,
in the above entitled action, upon the property of Samuel D. Chandler, located at, 231 South 8th Street,
Lemoyne, Cumberland County, Pennsylvania according to law.
09/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Charles N. Shurr, Jr., on 911/10.
SHERIFF COST: $690.89 SO ANSWERS,
September 02, 2010 RbNI`V R ANDERSON, SHERIFF
-Q .06 M, co,
;c countystme SlieriB. Teiecsryt Inc-
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1100 Berkshire Blvd., Suite 301
P. 0. Box 5828
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
FILE O-OFFICE
HE PROTHONOTARY
7011 MAR 10 PM 1: 00 OUNTY
rO PENN5 f LOVAN A
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdin s, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financia , LLC, CIVIL ACTION - LAW
Pl intiff
vs.
CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
De endant NO. 10-2692 CIVIL TERM
PRAECIPE FOR WRIT F EXECUTION UPON A CONFESSED JUDGMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Issue a Writ of Executi
above matter.
(1) directed to the Sl
(2) against Samuel I
(3) against
upon a JUDGMENT ENTERED BY CONFESSION in the
riff of Cumberland County;
Chandler, Defendant, and
N/A
(Na e of Garnishee)
(4) and enter this Wri in the judgment index
(a) against N/A
(b) against _
(N,
pendens against real property of
(Specifically describe pro?erty - if space insufficient, attach extra sheets)
(5)
+6a Z01 rid atE.?
11 b CID. 7q C,%
a?. So ar,
-14-60
Sol V4
Amount due $207,050.60
Plus Interest from April 14, 2010 forward $ _
(currently $17.12 per diem)
Plus additional La e Charges $ _
Plus Attorneys' Fe s** $ _
Plus Collection Costs $ _
(Costs to be added)
Less Credit for Payments Made ($1,590.00)
"Where Where judgment has b en entered under rule 2951(a), attorneys' fees may be included
if they are authorized in the inst ment and there has been a record appearance of counsel at any
state of the proceedings.
Y .OU
N/A
Garnishee,
(Name of Defendant)
Attorneys for Plaintiff
Defendant(s), and
Garnishee, as a lis
of Garnishee)
Defendant(s) in the name of Garnishee as follows:
Ct'? 011-7c) l
I u. ?sr., 4/0 I I,)rc+ off' QF- d?Sueri
CERTIFICATION
I certify that:
(a) This Praecipe is b sed upon a judgment entered by confession, and
(DELETE FOUR OF THE FOLLOWING PARAGRAPHS WHICH ARE
INAPPLICABLE)
(e) Notice was serve in connection with a prior execution of this judgment and,
pursuant to Rule 2958.4(b), no fii6ther notice is required.
HABy:
Attorneys for Plaintiff
RTM R
?
. R
eor e T Faris, IV, Esquire
F
PI intiff
C'">uN? -rs
VS.
.
CONFESSION OF JUDGMENT rn E ?
SAMUEL D. CHANDLER, " C'
V3 8
D4endant NO. 10-2692 CIVIL TERM >_ o
TO: SHERIFF OF CUMBE AND COUNTY pc-,
As the attorney for the P aintiff, in the matter of National Loan Investors, L.l,si e ?'
f..
of IB Property Holdings, LLC, assignee of Silver Hill Financial, LLC, Plaintiff, vs. Sa(nue .
Chandler, Defendant, I submit the following information with the request that it be used,
verbatim, FOR ADVERTISEM NT PURPOSES IN THE CUMBERLAND LAW JOURNAL
AND SUCH OTHER NEWSPAPER OR NEWSPAPERS AS REQUIRED BY LAW.
Date: rC C' ? '2011 1 HARTMAN S
By: 4
G rge . aris, IV, Esquire
Attorneys for Plaintiff
NATIONAL LOAN INVEST RS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdin s, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, CIVIL ACTION - LAW
SHERIFF'S SALE
By virtue of a Writ of E:
of Cumberland County, Pennsyl
September 7, 2011 at 10:00 A.
Courthouse Square, in the City o
THE IMPROVEMENTS
SEIZED AND TAKEN IN
ecution No. 10-2692 issued out of the Court of Common Pleas
iania to me directed will be sold at Public Sale on Wednesday,
v1.1 prevailing time, at the Cumberland County Courthouse, 1
'Carlisle, said County, the following described Real Estate:
attached legal description
Commercial
as the property of Samuel D. Chandler
REAL DEBT: $207,050.60 togeher with interest from April 14, 2010 forward (currently $17.12
per diem), late charges, attorneys' fees, and collection costs.
and to be sold by RONNY R. ANDERSON, SHERIFF.
DOWN MONEY: A deposit f ten (10%) percent of the Price Bid or $2,000.00, whichever
amount is greater, shall be requir d to be paid in cash or by certified check to the Sheriff as down
money on each property purchased.
SHERIFF'S OFFICE, CARLISLE, PA
TO ALL PARTIES IN INTERS T AND CLAIMANTS: Notice is hereby given that a schedule
of distribution will be filed by the Sheriff thirty (30) days after date of Sheriff's Sale and
distribution will be made in acco dance with the schedule unless exceptions are filed thereto
within ten (10) days thereafter.
LEGAL DESCRIPTION
Land situated in the Borough of Lemoyne in the County of Cumberland in the State of PA
ALL that certain lot of land situa* in the Borough of Lemoyne, Cumberland County, Pennsylvania,
more particularly bounded and de cribed as follows to wit:
Bounded on the South by a 15 et wide alley, said alley being adjacent to and parallel with the
Northern line of land of the Phil delphia, Harrisburg and Pittsburgh Railroad Company, now the
Philadelphia and Reading Railway Company; on the East side by Blackberry Alley and on the
North by Peach Alley, and extends along said 15 feet wide alley 375 feet, more or less, along
Blackberry Alley, 112 '/2 feet, m co; or less, and along Peach Alley, 350 feet, more or less, as more
fully set forth and designated in the plot of the Borough of Lemoyne (MacDonald and Roberts,
Engineers) recorded in Plan Book 1, Page 59.
COMMONLY known as: 231 South 8th Street, Lemoyne, PA 17043
Tax ID Number: 12-22-0824-289,
TO BE SOLD AS THE PROPERTY OF:
i
I
i
SAMUEL D. CHANDLER
i-
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1100 Berkshire Blvd., Suite 301
P. O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of III Property Holdin s, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financia , LLC, CIVIL ACTION - LAW
VS.
;QED-O FIC1=.
2011 MAR 10 P? 1:01
CUMBERLAND COUtgTY
p?t;?5YLVAFa1A
: CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
Defendant NO. 10-2692 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO R.C.P. 3129.2 OF THE
SUPREME COURT OF PENNSYLVANIA
TO: Samuel D. Chandler
31 Victoria Way
Camp Hill, PA 17011 j
The real estate owned b
County, Pennsylvania, as more i
be sold at Sheriffs Sale on Wedi
Cumberland County Courthouse
court judgment obtained by Na
LLC, assignee of Silver Hill F
$207,050.60 together with intere
charges, attorneys' fees, and coll,
YOU MAY BE
you located at 231 South 8th Street, Lemoyne, Cumberland
ly described in the attached legal description, is scheduled to
,day, September 7, 2011 at 10:00 A.M., prevailing time, at the
1 Courthouse Square, Carlisle, Pennsylvania, to enforce the
nal Loan Investors, L.P., assignee of IB Property Holdings,
tncial, LLC, against Samuel D. Chandler in the amount of
from April 14, 2010 forward (currently $17.12 per diem), late
.ion costs.
TICE OF OWNER'S RIGHTS
3LE TO PREVENT THIS SHERIFF'S SALE
1. The sale will be cancelled if you pay to Plaintiff the judgment amount. To find
out how much you must pay, you may call: George T. Faris, IV, Esquire at (610) 779-0772.
2. You may be able to stop the sale by filing a petition asking the court to strike or
open the judgment, if the judg ent was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings. You may
need an attorney to assert your fights. The sooner you contact one, the more chance you will
have of stopping the sale. (Seen tice on page two on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF, THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sae is not stopped, your property will be sold to the highest bidder.
You may find out the bid price l!y calling the Sheriff of Cumberland County at 717-240-6390.
2. You may be able' to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to t e value of your property.
3. The sale will be completed only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this h4s happened, you may call the Sheriff of Cumberland County at
717-240-6390.
4. If the amount du01 from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a j deed to the buyer. At that time, the buyer will bring legal
proceedings to evict you.
6. You may be entit d to a share of the money which was paid for the property. A
schedule of distribution of the m ney bid for the property will be filed by the Sheriff within thirty
(30) days of the sale. This sche#e will state who will be receiving that money. The money will
be paid out in accordance wit this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of
Distribution is filed.
7. You may also ha*e other rights and defenses, or ways of getting your property
back, if you act immediately afte the sale.
YOU SHOULD TAKE HIS 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 AF ORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU ITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES O ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
REFERRAL SERVICE
?OUNTY BAR ASSOCIATION
K BEDFORD STREET
:LISLE, PA 17013
717-249-3166
HARTMA H /.
By: `7 L
41 A-
GeorW T. Faris, IV, Esquire
Attorneys for Plaintiff
LEGAL DESCRIPTION
Land situated in the Borough of Lemoyne in the County of Cumberland in the State of PA
ALL that certain lot of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania,
more particularly bounded and deficribed as follows to wit:
Bounded on the South by a 15 feet wide alley, said alley being adjacent to and parallel with the
Northern line of land of the Phil delphia, Harrisburg and Pittsburgh Railroad Company, now the
Philadelphia and Reading Railw y Company; on the East side by Blackberry Alley and on the
North by Peach Alley, and exte*ds along said 15 feet wide alley 375 feet, more or less, along
Blackberry Alley, 112 %2 feet, mo,ie or less, and along Peach Alley, 350 feet, more or less, as more
fully set forth and designated in !the plot of the Borough of Lemoyne (MacDonald and Roberts,
Engineers) recorded in Plan Book' 1, Page 59.
COMMONLY known as: 231 So,Zth 8t' Street, Lemoyne, PA 17043
Tax ID Number: 12-22-0824-2891
TO BE SOLD AS THE PROPEO.TY OF: SAMUEL D. CHANDLER
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1100 Berkshire Blvd., Suite 301
P. 0. Box 5828
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
i-Il ED-OFFICE
-C R 2011 MAR 10 N 1 D 1
f,UtJ8ERLAND COUNTY
PERM SYLVAti"'A
Attorneys for Plaintiff
NATIONAL LOAN INVE
assignee of III Property He
assignee of Silver Hill Fina
VS.
RS, L.P., : IN THE COURT OF COMMON PLEAS OF
LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
LLC, CIVIL ACTION - LAW
intiff
SAMUEL D. CHANDLER,
Defendant
: CONFESSION OF JUDGMENT
: NO. 10-2692 CIVIL TERM
AFFIDXVIT PURSUANT TO RULE 3129.1
National Loan Investors, P., assignee of IB Property Holdings, LLC, assignee of Silver
Hill Financial, LLC, Plaintiff in he above-captioned proceeding, sets forth as of the date of the
filing of the Praecipe for the Writ of Execution the following information concerning the real
estate located at 231 South 8th St eet, Lemoyne, Cumberland County, Pennsylvania, as more fully
described in the attached legal de ription.
1. Name and address of owner or reputed owner:
Samuel D. Chand?er
31 Victoria Way
Camp Hill, PA 17611
2. Name and address of Defendant in the judgment:
Samuel D. Chandler
31 Victoria Way
Camp Hill, PA 17? 11
3. Name and addres? of every judgment creditor whose judgment is a record lien on
the real property to be sold:
National Loan InN
assignee of IB Prc
assignee of Silver
5619 North Classo
Oklahoma City, C
tors, L.P.
-rty Holdings, LLC,
ill Financial, LLC
Boulevard
73118-4015
4. Name and address of the last recorded holder of every mortgage of record:
National Loan Inv?stors, L.P.
assignee of IB Pro erty Holdings, LLC
assignee of Silver Hill Financial, LLC
5619 North Class en Boulevard
Oklahoma City, O 73118-4015
5. Name and address of every other person who has any record lien on the property:
None
6. Name and addrels of every other person who has any record interest in the
property and whose interest may e affected by the sale:
None.
7. Name and address] of every other person of whom the plaintiff has knowledge who
has any interest in the property wich may be affected by the sale:
Tenant/Person-In-possession Tenant/Person-In-Possession
231 South 8th Street 231 South 8th Street
Unit 1' Unit 2
Lemoyne, PA 17043 Lemoyne, PA 17043
Commonwealth of
Department of We
P.O. Box 2675
Harrisburg, PA 17
Cumberland Cow
1 Courthouse Squ
Old Courthouse -
Carlisle, PA 1701
I verify that the stateme.
personal knowledge or informati
subject to the penalties of 18 Pa.
Pennsylvania Cumberland County Domestic Relations
fare 13 North Hanover Street
P. O. Box 320
05 Carlisle, PA 17013
y Tax Claim Bureau
Floor
made in this affidavit are true and correct to the best of my
and belief. I understand that false statements herein are made
3. §4904 relating to unsworn
falsification to authorities.
HARTM SH
By: L
Georg . Faris, IV, Esquire
Attorneys for Plaintiff
. .
LEGAL DESCRIPTION
Land situated in the Borough of L?moyne in the County of Cumberland in the State of PA
ALL that certain lot of land sit
more particularly bounded and
Bounded on the South by a 15
Northern line of land of the Phil
Philadelphia and Reading RailA
North by Peach Alley, and exte
Blackberry Alley, 112 % feet, me
fully set forth and designated in
Engineers) recorded in Plan Book
in the Borough of Lemoyne, Cumberland County, Pennsylvania,
ribed as follows to wit:
;et wide alley, said alley being adjacent to and parallel with the
idelphia, Harrisburg and Pittsburgh Railroad Company, now the
iy Company; on the East side by Blackberry Alley and on the
ds along said 15 feet wide alley 375 feet, more or less, along
•e or less, and along Peach Alley, 350 feet, more or less, as more
the plot of the Borough of Lemoyne (MacDonald and Roberts,
1, Page 59.
COMMONLY known as: 231 South 8t" Street, Lemoyne, PA 17043
Tax ID Number: 12-22-0824-289
TO BE SOLD AS THE PROPE4TY OF: SAMUEL D. CHANDLER
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1100 Berkshire Blvd., Suite 301
P. 0. Box 5828
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, .P., : IN THE COURT OF COMMON PLEAS OF
assignee of III Property Holdings, LX, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LL , CIVIL ACTION - LAW
Plaintif
VS.
: CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
Defend*nt : NO. 10-2692 CIVIL TERM
P$OOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF BERKS
George T. Faris, IV, Esquire, (being duly sworn according to law, deposes and says that
the Notice of Sheriffs Sale of Real Property in the above-captioned proceeding were served on
March ?, 2011 by U.S. First Class Mail upon the lienholders or interested parties identified
on the attached Exhibit A. True and correct copies of the Notices are attached hereto as Exhibit
B. True and correct copies of the Certlificates of Mailing are attached hereto as Exhibit C.
Attorneys for Plaintiff
Sworn to and subscribed before me
this day of March, 2011.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOT RIAL SEAL
EILEEN M.SW IGART, Notary Public
Wyomissing oro., Berks County
FMy Commission Expires April 22, 2011
HARTMAN SH
By:
G orge . Faris, IV, Esquire
??`???
EXHIBIT "A"
Tenants
231 South 8th Street
Unit 1
Lemoyne, PA 17043
Tenants
231 South 8th Street
Unit 2
Lemoyne, PA 17043
Commonwealth of Pe sylvania
Department of Welfar
P.O. Box 2675
Harrisburg, PA 17105
Cumberland County D mestic Relations
13 North Hanover Stre t
P. O. Box 320
Carlisle, PA 17013
Cumberland County T 4x Claim Bureau
1 Courthouse Square
Old Courthouse - Firs, Floor
Carlisle, PA 17013 ,
)Y,,
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1100 Berkshire Blvd., Suite 301
P. O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
Attorneys for Plaintiff COMMON PLEAS OF
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF
LLC CUMBERLAND COUNTY, P NNSYLVANIA
assignee of IB Property Holdings, CIVIL ACTION -LAW
assignee of Silver Hill Financial, LC,
.
Plaintiff
VS.
SAMUEL D. CHANDLER,
Defe4dant
To: Tenant/Person-In-Po
231 South 8th Street
Unit 1
Lemoyne, PA 17043
: CONFESSION OF JUDGMENT
: NO. 10-2692 CIVIL TERM
S
Owner: Samuel D. handler
Property: 231 South 8 Street, Lemoyne, Cumberland County, Pennsylvania
i
The above-referenced pro erty is scheduled to be sold at Sheriffs Sale on Wednesday,
September 7, 2011 at 10:00 A. M., prevailing time, at the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage,
judgment, lien, leasehold or other interest in the property which may be extinguished by the Sale.
You may wish to attend the sale to protect your interest. The Sheriff's Sale is to satisfy the
judgment obtained by Plaintiff in the amount of $207,050.60 together with interest from April
14, 2010 forward (currently $17.12 per diem), late charges, attorneys' fees, and collection costs,
less credit for payments made ($1,90.00).
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff
but not later than thirty (30) days fter the Sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule.
YOUR LIEN OR INTEF
OTHERWISE AFFECTED AD
CAN ADVISE YOU MORE SP:
AFFECTED.
T IN THIS PROPERTY MAY BE LOST OR
RSELY BY THIS SHERIFF'S SALE. A LAWYER
[FICALLY HOW YOUR RIGHTS MAY BE
HAR
By: 1
ge(A Faris, IV, Es
Attorneys for Plaintiff
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1100 Berkshire Blvd., Suite 301
P. O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
Attorneys for Plaintiff
NATIONAL LOAN INVESTOR , L•C, CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF
assignee of III Property Holdings, LL CIVIL ACTION -LAW
assignee of Silver Hill Financial, LC, .
Plaintiff
vs. CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
Defe#dant NO. 10-2692 CIVIL TERM
To: Tenant/Person-In-Po
231 South 8th Street
Unit 2
Lemoyne, PA 17043
Owner: Samuel D. handler
Property: 231 South 8 h Street, Lemoyne, Cumberland County, Pennsylvania
The above-referenced property is scheduled to be sold at Sheriffs Sale on Wednesday,
September 7, 2011 at 10:00 A. N".1 prevailing time, at the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage,
judgment, lien, leasehold or other interest in the property which may be extinguished by the Sale.
You may wish to attend the sale to protect your interest. The Sheriff's Sale is to satisfy the
judgment obtained by Plaintiff in the amount of $207,050.60 together with interest from April
14, 2010 forward (currently $17.2 per diem), late charges, attorneys' fees, and collection costs,
less credit for payments made ($1 590.00).
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff
but not later than thirty (30) days fter the Sale. Distribution will be made in accordance with the
schedule unless exceptions are fil d thereto within ten (10) days after the filing of the schedule.
YOUR LIEN OR IN]
OTHERWISE AFFECTED
CAN ADVISE YOU MORE
AFFECTED.
;T IN THIS PROPERTY MAY BE LOST OR
RSELY BY THIS SHERIFF'S SALE. A LAWYER
IFICALLY HOW YOUR RIGHTS MAY BE
By:
HA:eorggg TM SH
. Faris, IV, Esquire
Attorneys for Plaintiff
Attorneys for Plaintiff
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1100 Berkshire Blvd., Suite 301
P. O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
NATIONAL LOAN INVESTOR
assignee of IB Property Holdings
assignee of Silver Hill Finannial,_
VS.
SAMUEL D. CHANDLER,
L.P., : IN THE COURT OF COMMON PLEAS OF
LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
i .r CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
: NO. 10-2692 CIVIL TERM
S
To: Commonwealth of Pen
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
Owner: Samuel D.
Property: 231 South
The above-referenced pi
September 7, 2011 at 10:00 A
Courthouse Square, Carlisle, Pe
judgment, lien, leasehold or oth
you may wish to attend the s,
judgment obtained by Plaintiff
14, 2010 forward (currently $1'
less credit for payments made (
A schedule of distribute
but not later than thirty (30) da
schedule unless exceptions are
YOUR LIEN OR IN'I
OTHERWISE AFFECTED,
CAN ADVISE YOU MORE
AFFECTED.
Weorge ?
Attorneys for Plaintiff
vania
d[,ulut
Street, Lemoyne, Cumberland County, Pennsylvania
)perty is scheduled to be sold at Sheriffs Sale on Wednesday,
v1., prevailing time, at the Cumberland County Courthouse, 1
msylvania. Our records indicate that you may hold a mortgage,
r interest in the property which may be extinguished by the Sale.
.e to protect your interest. The Sheriff's Sale is to satisfy the
n the amount of $207,050.60 together with interest from April
.12 per diem), late charges, attorneys' fees, and collection costs,
1,590.00).
n will be filed by the Sheriff on a date specified by the Sheriff
after the Sale. Distribution will be made in accordance with the
iled thereto within ten (10) days after the filing of the schedule.
;REST IN THIS PROPERTY MAY BE LOST OR SALE. A .DVERSELY BYHOH`I?S YOUR RIGHTS MAY BEWYER
;pF.CIFICALLY
HABy
-? L
aris , IV, Esquire
Attorneys for Plaintiff
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1100 Berkshire Blvd., Suite 301
P. O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
NATIONAL LOAN INVESTORS, L.P.,
assignee of IB Property Holdings, LLC,
assignee of Silver Hill Financial, tL
Plai*
VS.
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
DefOndant NO. 10-2692 CIVIL TERM
NOTICE OF HERIFF'S SALE OF REAL PROPER:
To: Cumberland County Dom?stic Relations
13 North Hanover Street
P. O. Box 320
Carlisle, PA 17013
Owner:
Property:
Samuel D. Chandler
231 South 8th Street, Lemoyne, Cumberland County, Pennsylvania
The above-referenced pr perry is scheduled to be sold at Sheriffs Sale on Wednesday,
September 7, 2011 at 10:00 A.M., prevailing time, at the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pe#iiisylvania. Our records indicate that you may hold a mortgage,
judgment, lien, leasehold or other interest in the property which may be extinguished by the Sale.
You may wish to attend the sale to protect your interest.
050.60 together withanterest fsarotisfy
Apr 1
judgment obtained by Plaintiff n the amount of $20
14, 2010 forward (currently $1'.12 per diem), late charges, attorneys' fees, and collection costs,
less credit for payments made (1,590.00).
A schedule of distributign will be filed by the Sheriff on a date specified by the Sheriff
but not later than thirty (30) da s' after the Sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule.
YOUR LIEN OR INTtREST IN THIS PROPERTY MAY BE LOST
'S SALE. A O LAWYER
OTHERWISE AFFECTED 4DVERSELY BY THIS SHERIFF
CAN ADVISE YOU MORE 1PECIFICALLY HOW YOUR RIGHTS MAY BE
AFFECTED.
HARTMAN
By: f
George . Faris, IV, Esquire
Attorneys for Plaintiff
Attorneys for Plaintiff
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1100 Berkshire Blvd., Suite 301
P. O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
NATIONAL LOAN INVESTO
assignee of IB Property Holdin
assignee of Silver Hill FinancDia
VS.
SAMUEL D. CHANDLER,
S, L.P., IN THE COURT OF JNTY, PENNSY VAONIA
LLC, CUMBERLAND CO
LLC, CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
NO. 10-2692 CIVIL TERM
To: Cumberland County Tax (laim Bureau
1 Courthouse Square
old courthouse - First Floor
Carlisle, PA 17013
Owner: Samuel D. Chandler Pennsylvania
Property: 231 Sout* 8th Street, Lemoyne, Cumberland County,
The above-referenced operty is scheduled to be sold at Sheriffs Sale on Wednesday,
Th prevailing time, at the Cumberland County Courthouse, 1
September 7, 2011 at 10:00 •M•' P
Carlisle, P nnsylvania. Our records indicate that you may hold a mortgage,
Courthouse Square, which may be extinguished by the Sale.
judgment, lien, leasehold or olier interest in the property You may
wish to attend the dale to protect your interest. The Sheriff s Sale is to satisfy the t from obtained by Plaintif in the amount ,050.60 of late charges, ges, at torn togeys' f ewit interes
judgment and collection costs,
s, a
14, 2010 forward (currently $17.12 per diem),
menu made $1,590.00).
less credit for pay the Sheriff speci A schedule of distribution will be filed by the Sheri on will berm d in a d C ordance with the
but not later than thirty (30) d*ys after the Sale. Di
le unless exceptions ar? filed thereto within ten (10) days after the filing of the schedule.
schedu i
YOUR LIEN OR IN EREST IN THIS PROSHERIFF'S SAL E A O WYER
OTHERWISE AFFECTED ADVERSELY BY THIS
CAN ADVISE YOU MO SPECIFICALLY HOW YOUR RIGHTS MAY BE
AFFECTED.
HARTMAN U
By:
eorge . Faris, W, Esquire
Attorneys for Plaintiff
???''?
JUUft?fTED STATES
To pay fee, artix stamps or
PO TAL SERVICE, fr?? ' ' n
This Certiflcale of Maii g provides evidence tt mail has for mailing.
This form may be use for domestic and Inlational mall?
From: t??`
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DJG 1100 Berkshir` • ,
-1-WTemisslng,-RA 1 Q&U r 9,';7`NQ 0141%
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T _ TEN NT/PERSON-IN-POSSESSION Nil
231 OUTH 8 STREET
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- UNI 1 0;0
- LE YNE, PA 17043 - m 0
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PS Form 3817, Prti 2007 PSN 7530-02-000-9065 Cc1 "
a UNf ED STATES Certificate Of To pay fee, affix stamps or
POS L SERVICE. M
This CertHicale of ?ailing rovides evidence that mail has been presented to USP ng.
This form may be used to domestic and International mall. ?X
From:
gHTMAN I SHURR
00 Blvd.
0 Box 5828 a a o ?;
yomissing, PA 19610 m
To:
TENA T/PERSON-IN-POSSESSION`
- 231 SOUTH 8TH STREET -
- UNIT Z -
LEMOYNE, PA 17043
PS Form 3817, ApH 2007 PSN 7530-02-000-9065
This Certificate of Malif
This form may be used
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PS Form 3817, Apriij2007 PSN 7530-02-000-9065 -
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This Certificate of Mailing l
This form may be used for
From:
CUMBERL D COUNTY DOMESTLC
13 NORTH H OVER STREET
P. O. BOX 32
CARLISLE, A 17013
PS Form 3817, April
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PS Form 3817, April 7 PSN 7530-024)00-9065
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1100 Berkshire Blvd., Suite 301
P. O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
FaE > ROTHONOTAR {;
291 11 AUGG -3 ABM 11: 00
CUMBERLAND COUNTY
PENNSYLVANIA
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, CIVIL ACTION - LAW
Plaintiff
VS.
SAMUEL D. CHANDLER,
: CONFESSION OF JUDGMENT
Defendant : NO. 10-2692 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
National Loan Investors, L.P., assignee of IB Property Holdings, LLC, assignee of Silver
Hill Financial, LLC, Plaintiff in the above-captioned proceeding, sets forth as of the date of the
filing of the Praecipe for the Writ of Execution the following information concerning the real
estate located at 231 South 8th Street, Lemoyne, Cumberland County, Pennsylvania, as more fully
described in the attached legal description.
1. Name and address of owner or reputed owner:
Samuel D. Chandler
31 Victoria Way
Camp Hill, PA 17011
2. Name and address of Defendant in the judgment:
Samuel D. Chandler
31 Victoria Way
Camp Hill, PA 17011
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
National Loan Investors, L.P.
assignee of IB Property Holdings, LLC,
assignee of Silver Hill Financial, LLC
5619 North Classen Boulevard
Oklahoma City, OK 73118-4015
4. Name and address of the last recorded holder of every mortgage of record:
National Loan Investors, L.P.
assignee of IB Property Holdings, LLC
assignee of Silver Hill Financial, LLC
5619 North Classen Boulevard
Oklahoma City, OK 73118-4015
5. Name and address of every other person who has any record lien on the property:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Old Courthouse - First Floor
Carlisle, PA 17013
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
None.
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Tenant/Person-In-Possession
231 South Stn Street
Unit 1
Lemoyne, PA 17043
Tenant/Person-In-Possession
231 South 8th Street
Unit 2
Lemoyne, PA 17043
Commonwealth of Pennsylvania Cumberland County Domestic Relations
Department of Welfare 13 North Hanover Street
P.O. Box 2675 P. O. Box 320
Harrisburg, PA 17105 Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
By:
Faris, IV, Esquire
for Plaintiff
.V I
LEGAL DESCRIPTION
Land situated in the Borough of Lemoyne in the County of Cumberland in the State of PA
ALL that certain lot of land situate in the Borough of Lemoyne, Cumberland County,
Pennsylvania, more particularly bounded and described as follows to wit:
Bounded on the South by a 15 feet wide alley, said alley being adjacent to and parallel with the
Northern line of land of the Philadelphia, Harrisburg and Pittsburgh Railroad Company, now the
Philadelphia and Reading Railway Company; on the East side by Blackberry Alley and on the
North by Peach Alley, and extends along said 15 feet wide alley 375 feet, more or less, along
Blackberry Alley, 112 `/2 feet, more or less, and along Peach Alley, 350 feet, more or less, as more
fully set forth and designated in the plot of the Borough of Lemoyne (MacDonald and Roberts,
Engineers) recorded in Plan Book 1, Page 59.
COMMONLY known as: 231 South 8th Street, Lemoyne, PA 17043
'Tax ID Number: 12-22-0824-289
TO BE SOLD AS THE PROPERTY OF: SAMUEL D. CHANDLER
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy ? u fs ; 2 J i 7 n
Richard W Stewart -, I , Etls i
Solicitor t7 o?_ v ,
.._1
National Loan Investors LP
Case Number
vs.
Samuel D. Chandler 2010-2692
SHERIFF'S RETURN OF SERVICE
06/20/2011 10:50 AM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action,
upon the property located at 231 South 8th Street, Lemoyne, PA 17043, Cumberland County.
06/20/2011 10:51 AM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same time
personallly handing a true copy to a person representing themselves to be the Defendant, to wit: Samuel
D. Chandler at 231 South 8th Street, Lemoyne Borough, Lemoyne, PA 17048, Cumberland County.
09/06/2011 As directed by Charles N Shurr, Jr, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/2/2011
10/31/2011 As directed by Charles N Shurr, Jr, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/4/2012
01/03/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $813.52
January 20, 2012
SO ANSWERS,
,iZ
RONW R ANDERSON, SHERIFF
.?? `a) y, i C/e
s`r
I's
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. 4205358
1100 Berkshire Blvd., Suite 301
P. O. Box 58?8
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, CIVIL ACTION - LAW
Plaintiff
VS.
CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
Defendant : NO. 10-2692 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
National Loan Investors, L.P., assignee of IB Property Holdings, LLC, assignee of Silver
Hill Financial, LLC, Plaintiff in the above-captioned proceeding, sets forth as of the date of the
filing of the Praecipe for the Writ of Execution the following information concerning the real
estate located at 231 South 8th Street, Lemoyne, Cumberland County, Pennsylvania, as more fully
described in. the attached legal description.
1. Name and address of owner or reputed owner:
Samuel D. Chandler
31 Victoria Way
Camp Hill, PA 17011
2 Name and address of Defendant in the judgment:
Samuel D. Chandler
31 Victoria Way
Camp Hill, PA 17011
3 Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
National Loan Investors, L.P.
assignee of IB Property Holdings, LLC,
assignee of Silver Hill Financial, LLC
5619 North Classen Boulevard
Oklahoma City, OK 73118-4015
4. Name and address of the last recorded holder of every mortgage of record:
National Loan Investors, L.P.
assignee of IB Property Holdings, LLC
assignee of Silver Hill Financial, LLC
5619 North Classen Boulevard
Oklahoma City, OK 73118-4015
5. Name and address of every other person who has any record lien on the property:
None
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
None.
7. Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Tenant/Person-In-Possession
231 South 8th Street
Unit 1
Lemoyne, PA 17043
Tenant/Person-In-Possession
2.31 South 8th Street
Unit 2
Lemoyne, PA 17043
Commonwealth of Pennsylvania Cumberland County Domestic Relations
Department of Welfare 13 North Hanover Street
P.O. Box 2675 P. O. Box 320
Harrisburg, PA 17105 Carlisle, PA 17013
Cumberland County "Fax Claim Bureau
1 Courthouse Square
Old Courthouse - First Floor
Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
HARTMA SH
By: j -?
Georg . Faris, IV, Esquire
Attorneys for Plaintiff
i
LEGAL DESCRIPTION
Land situated in the Borough of Lemoyne in the County of Cumberland in the State of PA
ALL that certain lot of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania,
more particularly bounded and described as follows to wit:
Bounded on the South by a 15 feet wide alley, said alley being adjacent to and parallel with the
Northern line of land of the Philadelphia, Harrisburg, and Pittsburgh Railroad Company, now the
Philadelphia and Reading Railway Company; on the East side by Blackberry Alley and on the
North by Peach Alley, and extends along said 15 feet wide alley 375 feet, more or less, along
Blackberry .Alley, 112 '/2 feet, more or less, and along Peach Alley, 350 feet, more or less, as more
fully set forth and designated in the plot of the Borough of Lemoyne (MacDonald and Roberts,
Engineers) recorded in Plan Book 1, Page 59.
COMMONLY known as: 231 South 8th Street, Lemoyne, PA 17043
Tax ID Number: 12-22-0824-289
TO BE SOLD AS THE PROPERTY OF: SAMUEL D. CHANDLER
LEGAL DESCRIPTION
Land situated in the Borough of Lemoyne in the County of Cumberland in the State of PA
ALL that certain lot of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania,
more particularly bounded and described as follows to wit:
Bounded on the South by a 15 feet wide alley, said alley being adjacent to and parallel with the
Northern line of land of the Philadelphia, Harrisburg and Pittsburgh Railroad Company, now the
Philadelphia and Reading Railway Company; on the East side by Blackberry Alley and on the
North by Peach Alley, and extends along said 15 feet wide alley 375 feet, more or less, along
Blackberry Alley, 112 '/2 feet, more or less, and along Peach Alley, 350 feet, more or less, as more
fully set forth and designated in the plot of the Borough of Lemoyne (MacDonald and Roberts,
Engineers) recorded in Plan Book 1, Page 59.
COMMONLY known as: 231 South 8th Street, Lemoyne, PA 17043
Tax II) Number: 12-22-0824-289
TO BE SOLD AS THE PROPERTY OF: SAMUEL D. CHANDLER
J A
HARTMANSHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1100 Berkshire Blvd., Suite 301
P. O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
(610) 779-7473 (Fax)
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, CIVIL ACTION - LAW
Plaintiff
VS.
: CONFESSION OF JUDGMENT
SAMUEL l). CHANDLER,
Defendant : NO. 10-2692 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO R.C.P. 3129.2 OF THE
SUPREME COURT OF PENNSYLVANIA
TO: Samuel D. Chandler
31 Victoria Way
Camp Hill, PA 17011
The real estate owned by you located at 231 South gth Street, Lemoyne, Cumberland
County, Pennsylvania, as more fully described in the attached legal description, is scheduled to
be sold at Sheriff s Sale on Wednesday, September 7, 2011 at 10:00 A.M., prevailing time, at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the
court judgment obtained by National Loan Investors, L.P., assignee of IB Property Holdings,
LLC, assignee of Silver Hill Financial, LLC, against Samuel D. Chandler in the amount of
$207,050.60 together with interest from April 14, 2010 forward (currently $17.12 per diem), late
charges, attorneys' fees, and collection costs.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
1. The sale will be cancelled if you pay to Plaintiff the judgment amount. To find
out how much you must pay, you may call: George T. Faris, IV, Esquire at (610) 779-0772.
2. You may be able to stop the sale by filing a petition asking the court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings. You may
need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on, how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the bid price by calling the Sheriff of Cumberland County at 717-240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
1 The sale will be completed only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at
717-240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer will bring legal
proceedings to evict you.
6, You may be entitled to a share of the money which was paid for the property. A
schedule of distribution of the money bid for the property will be filed by the Sheriff within thirty
(30) days of the sale. This schedule will state who will be receiving that money. The money will
be paid out in accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of
Distribution is filed.
7, You may also have other rights and defenses, or ways of getting your property
back, if you act immediately after the sale.
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
HARTMA
By: t
Geor T. Faris, IV, Esquire
Attorneys for Plaintiff
I
LEGAL DESCRIPTION
Land situated in the Borough of Lemoyne in the County of Cumberland in the State of PA
ALL that certain lot of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania,
more particularly bounded and described as follows to wit:
Bounded on the South by a 15 feet wide alley, said alley being adjacent to and parallel with the
Northern line of land of the Philadelphia, Harrisburg and Pittsburgh Railroad Company, now the
Philadelphia and Reading Railway Company; on the East side by Blackberry Alley and on the
North by Peach Alley, and extends along said 15 feet wide alley 375 feet, more or less, along
Blackberry Alley, 112 '/2 feet, more or less, and along Peach Alley, 350 feet, more or less, as more
fully set forth and designated in the plot of the Borough of Lemoyne (MacDonald and Roberts,
Engineers) recorded in Plan Book 1, Page 59.
COMMONLY known as: 231 South 8?h Street, Lemoyne, PA 17043
Tax ID Number: 12-22-0824-289
TO BE SOLD AS THE PROPERTY OF: SAMUEL D. CHANDLER
WRIT OF EXECUTION and/or ATTACHMENT
COM,?VD WEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO10-2692 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NATIONAL LOAN INVESTORS, L.P. assignee of IB
Property Holdings, LLC, assignee of Silver Hill Fiancial, LLC Plaintiff (s)
From SAMUEL D. CHANDLER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to rotify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying :lny debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amoun:- Due $205,460.60
L. L.
Interest FROM APRIL 14, 2010 FORWARD CURRENTLY $17.12 PER DIEM
Atty's Comm %
Atty Paid 5766.39
Plaintif" Paid
Date: 3, 10!11
(Seal)
REQUESTING PARTY:
Due Prothy $2.00
Other Costs
David D. Buell, Prothonotary
By:
Deputy
Name: GEORGE T. FARIS IV, ESQUIRE
Address: 1100 BERKSHIRE BLVD., SUITE 301
P. O. BOX 5828
WYOMISSING, PA 19610
Attorne,N7 for: PLAINTIFF
Telephone: 610-779-0772
Supreme Court ID No. 205358
TRUE COPY FROM RECORD
In Testimony wherod, I here tmb set my hand
OW the seal of $aid Ccu n at Cwkele, Pa.
This ..,10 ,_day 0f-A1a'".L ` L. , zo 1L-
rnmonotoy
On May 11, 2011 the Sheriff levied upon the
defendant's interest in the real property situated in
Lemoyne Borough, Cumberland County, PA,
Known and numbered as, 231 South 8`h Street,
Lemoyne, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: May 11, 2011
By:
Real Estate Coordinator
CUMBERLAND LAW JOURNAL
Writ No. 2010-2692 Civil
National Loan Investors LP
vs.
Samuel D. Chandler
Atty.: Charles N. Shurr, Jr.
Land situated in the Borough of
Lemoyne in the County of Cumber-
land in the State of PA.
ALL that certain lot of land situate
in the Borough of Lemoyne, Cum-
berland County, Pennsylvania, more
particularly bounded and described
as follows to wit:
Bounded on the South by a 15 feet
wide alley, said alley being adjacent
to and parallel with the Northern
line of land of the Philadelphia,
Harrisburg and Pittsburgh Railroad
Company, now the Philadelphia and
Reading Railway Company; on the
East side by Blackberry Alley and on
the North by Peach Alley, and extends
along said 15 feet wide alley 375 feet,
more or less, along Blackberry Alley,
112 1/2 feet, more or less, and along
Peach Alley, 350 feet, more or less, as
more fully set forth and designated in
the plot of the Borough of Lemoyne
(MacDonald and Roberts, Engineers)
recorded in Plan Book 1, Page 59.
COMMONLY known as: 231 South
8t Street, Lemoyne, PA 17043.
Tax ID Number: 12-22-0824-289.
TO BE SOLD AS THE PROPERTY
OF: SAMUEL D. CHANDLER.
15
-4W
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 15, July 22 and July 29, 2011
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
\1y isa Marie Coyne, itor
SWORN TO AND SUBSCRIBED before me this
9 da of Jul 2011
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg,, PA 17050
Inquiries - 717-•255-8213
CUMBERLAND CO. SHERIFFS OFFICE
?he?ttaatriot a'Vews
Now you know
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Holly Blain, being (July sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
07/15/11
07/22/11
t 07/29/11
_
E
Sworn to a4subscribed befofe- e is?18 d of August, 2011 A.D.
4
Notary Public
^COMMONWEALTH OF PENNSYLVANIA
' ~ Wotariai seal i
sheme L. Kisner, Notary Public
f Lower Paxton Twp., Dauphin County
MY Commission Expires Nov. 26, 2011
"'^m'7r:, '?^nn?Mlvanla Assocfa#ion of N .
Dienes
golw2w Cho ib t
" f4?rvoMlir
Land ie af?I,egloybe
in the tJou of 9k the State
of PA
ALL brat oeoin lot of brad situate m the
Btxotf? of tt, '
N OW
awdev b ae s t4 w?t.
Ho?mdud'oafiiq 5oa? by a 15 feet wine
sud gifL+y t'adjaceht eo au8 ' _
PK" the
Nortba i Ibe ofla>!d of the
I ieb%g snd # t bwgh Rs"
Company, tiow the
fh4.& MW R.U q .
t° many; an the Fast side by ftdbetry '
Aitey ROA oa the
Nes t 6y + if each Aft, 44d eatgnda .
said 15 aide ffiky375`feet, ipoit or'.
?' Apey,1121l2 #eet, iaerne ptless,
and *mg hod Aky, 35® feet; more or
kw-w ws tt
f* at god degpated in the plot
ofthe 66m* of L6moym (MacDonald
and Roberts,
Fes} ttcot?d is Plae Boat l; Pie
59.
COMMONLY hm ac: 29 South
8t Str* Lcmoyad, PA 17043 ID
Nwbber:"Q89 ,
TO BE SM AS TAE MOPF TYOF: r
SAMUjIL D. CKWLEk it
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. #205358
1 100 Berkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
0-OFD
2012 APR -4 All 11: 20"
CIUMMERLIAND COUN
pi:N3'ISYLVAHIA
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P.,
assignee of 1B Property Holdings, LLC,
assignee of Silver Hill Financial, LLC,
Plaintiff
VS.
SAMUEL D. CHANDLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
NO. 10-2692 CIVIL TERM
PRAECIPE TO SATISFY JUDGMENT
To: Prothonotary of Cumberland County
Kindly satisfy the confessed judgment entered against the Defendant in the above-
captioned proceeding.
HARTMAN S
By .
Geo T. Faris, IV, Esquire
1100 Berkshire Boulevard
P.O. Box 5828
Wyomissing, PA 19610
610-779-0772
Attorneys for Plaintiff
HARTMAN SHURR
George T. Faris, IV, Esquire
Attorney I.D. 4205358
1100 Berkshire Blvd., Suite 301
P.O. Box 5828
Wyomissing, PA 19610
(610) 779-0772
Attorneys for Plaintiff
NATIONAL LOAN INVESTORS, L.P., : IN THE COURT OF COMMON PLEAS OF
assignee of IB Property Holdings, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
assignee of Silver Hill Financial, LLC, CIVIL ACTION - LAW
Plaintiff
VS.
: CONFESSION OF JUDGMENT
SAMUEL D. CHANDLER,
Defendant : NO. 10-2692 CIVIL TERM
CERTIFICATE OF SERVICE
I, George T. Faris, IV, Esquire, do hereby certify that a true and correct copy of the
foregoing Praecipe to Satisfy Judgment was served upon the following individual, via U.S. Mail
- First Class Delivery, on the ?Jd day of April, 2012:
Samuel D. Chandler
31 Victoria Way
Camp Hill, PA 17011
I verify that the facts set forth herein are true and correct to the best of my knowledge,
information and belief; and that this verification is made subject to the penalties of 18 Pa. C.S.A.
§4904 relating to unsworn falsification to authorities.
HARTMAN
By:
1100 Berkshire Boulevard
P.O. Box 5828
Wyomissing, PA 19610
610-779-0772
Attorneys for Plaintiff
? c
orge T Faris, IV, Esquire