HomeMy WebLinkAbout10-6396SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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M & T Bank
vs. Case Number
Daniel J. Buchan 2010-6396
SHERIFF'S RETURN OF SERVICE
10/13/2010 05:15 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
October 13, 2010 at 1715 hours, she served a true copy of the within Complaint in Mortgage Foreclosure,
upon the within named defendant, to wit: Daniel J. Buchan, by making known unto himself personally, at
226 Conway Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $33.40
October 15, 2010
~ltlJd
AMANDA COBAUGH, DE TY
SO ANSWERS,
RON R ANDERSON, SHERIFF
(ci CountySuite Sheriff. 1'eleosof(. Inc.
In the Court of Common Pleas of Cumberland County
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
Plaintiff No. 10-6396
^
VS.
t'w7 4
DANIEL J. BUCHAN TMt
(Mortgagor(s) and Record Owner(s)) r ri
226 Conway Street
{
Carlisle, PA 17013 • ) - r
Defendant(s) -.:. +.
r.; --,
PRAECIPE FOR JUDGMENT
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECj?,-A DgRT--?'"
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE
OF COLLECTING THE DEBT.
Enter the Judgment in favor of Plaintiff and against DANIEL J. BUCHAN by default for want of an Answer.
Assess damages as follows:
Debt
Interest from 11/17/2010 to
Date of Sale per diem at $17.45
Total
(Assessment of Damages attached)
$122,341.68
I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO
BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT.
I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment
is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the
filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1
GOLDBE MCCAFFER MCKEEVER
56129 /
Gary McCafferty Pa. ID 42386 ?
Lisa Lee Pa. ID 78020
Kristin Murtha Pa. ID 61858
David Fein Pa. 11) 82628
Thomas Puleo Pa. ID 27615
Attorneys for Plaintiff
AND NOW Moo. l of p I cl , Judgment is entered in favor of M&T
BANK and against DANIEL J. BUCHAN by default for want of an Answer and damages assessed in the sum of
$122,341.68 as per the above certification. 2JW
onotary gly-Oa
CK?' .s's z?ss
IZA ri??
Rule of Civil Procedure No. 236 - Revised
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
Plaintiff
VS.
DANIEL J. BUCHAN
(Mortgagors and Record Owner(s))
226 Conway Street
Carlisle, PA 17013
Defendant(s)
No. 10-6396
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE
PURPOSE OF COLLECTING THE DEBT.
NOTICE
Notice is given that a judgment in the above-captioned matter has been entered against you.
David D. Buell
Prothonotary of Cumberland County
1 Courthouse Square
Carlisle, PA 17013
Prothonotary
By:
lt?t7/tt?
If you have any questions concerning the above, please con t:
Michael T. McKeever
Goldbeck McCafferty & McKeever
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
102993FC
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
DATE OF THIS NOTICE: November 3, 2010
TO:
DANIEL J. BUCHAN
BUCHAN, DANIEL J.
226 Conway Street
Carlisle, PA 17013
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
VS.
DANIEL J. BUCHAN
(Mortgagor(s) and Record Owner(s))
226 Conway Street
Carlisle, PA 17013
TO: DANIEL J. BUCHAN
226 Conway Street
Carlisle, PA 17013
In the Court of
Common Pleas
of Cumberland County
Plaintiff CIVIL ACTION - LAW
Action of
Mortgage Foreclosure
Term
No. 10-6396
Defendant(s)
EWORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY
OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
Michael T. McKeever
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever, Esq.
Attorney for Plaintiff
Suite 5000 - 701 Market Street.
Philadelphia, PA 19106 215-825-6318
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff corporation within named do
hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation
and that the facts set forth in the foregoing verification of Non-Military Service are true and
correct to the best of my knowledge, information and belief. I understand that false statements
therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unswom falsification to
authorities.
1. That the above named Defendant, DANIEL J. BUCHAN, is about unknown years
of age, that Defendant's last known residence is 226 Conway Street Carlisle, PA 17013, and is
engaged in the unknown business located at unknown address.
2. That Defendant is not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of
Congress of 1940 and its Amendments.
Date:
TinaMarie Boschetti
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff corporation within named do
hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation
and that the facts set forth in the foregoing verification of Non-Military Service are true and
correct to the best of my knowledge, information and belief. I understand that false statements
therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to
authorities.
1. That the above named Defendant, DANIEL J. BUCHAN, is about unknown years
of age, that Defendant's last known residence is 226 Conway Street Carlisle, PA 17013, and is
engaged in the unknown business located at unknown address.
2. That Defendant is not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of
Congress of 1940 and its Amendments.
Date: IvQbId4,
TinaMarie Boschetti
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
vs.
DANIEL J. BUCHAN
(Mortgagor(s) and Record owner(s))
226 Conway Street
Carlisle, PA 17013
Plaintiff
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION LAW
Defendant(s)
ORDER FOR JUDGMENT
ACTION OF MORTGAGE FORECLOSURE
No. 10-6396
Please enter Judgment in favor of M&T BANK, and against DANIEL J. BUCHAN for failure to file an Answer in
the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of
the Complaint, in the sum of $122,341.68.
By
LDBEC CCAFFER & MCKEEVER
Mic cKeever Pa. ID 561 9
Gary McCa e 6
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Attorneys for Plaintiff
I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is
M&T BANK 1100 Wehrle Drive Williamsville, NY 14221 and that the name(s) and last known address(es) of the
-1 Ir-I
, ,
-"
Defendant(s) is/are DANIEL J. BUCHAN, 226 Conway Street C
'
By
LDBECK r-vver AFFERT 7MCKEEVER
Mi 1 Mc Pa. ID 561
Gary c Pa.ID4
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Attorneys for Plaintiff
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly assess the damages in this case to be as follows:
Principal Balance $110,789.66
Interest from 04/06/2010 through $3,611.74
11/16/2010
Reasonable Attorney's Fee $5,539.48
Late Charges $171.45
Costs of Suit and Title Search $900.00
Escrow Payments Due 1 X $169.37 $169.37
Pro Rata MIP/PMI $112.66
Escrow Advance $806.82
Total Fees $80.50
NSF Charges $60.00
Recoverable Balance $100.00
$122,341.68
By:
GOLD CCAFFER & MCKEEVER
Michael ee 56129
Gary McCafferty Pa. ID 42386 ./
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Attorneys for Plaintiff
AND NOW, this 74-k day of )JOU . , 2010 damages are assessed as above.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 2010-63% Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due M & T Bank 1100 Wehrle Drive Williamsville, NY
14221 Plaintiff (s)
From Daniel J. Buchan
(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 notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any 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.
Amount Due$122,341.68
L.L. $.50
Interest from 11/17/10 to Date of Sale per diem at $17.45
Atty's Comm % Due Prothy $2.00
Atty Paid
Plaintiff Paid $165.90
Other Costs
Date: November 17, 2010
(Seal)
(WI
David , Prothnotary
By:
Deputy
REQUESTING PARTY:
Name Gary McCafferty, Esq.
Goldbeck McCafferty & McKeever
Address: Suite 5000 - Mellon Independence Center
701 Market Street, Philadelphia, PA 19106
Attorney for: Plaintiff
Telephone: 215-627-1322
Supreme Court ID No. 42386
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
Michael T. McKeever
Attorney I.D.#56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
vs.
IN THE COURT OF COMMON PLEAS
of Cumberland County
DANIEL J. BUCHAN
Mortgagor(s) and Record Owner(s)
226 Conway Street
Carlisle, PA 17013
Plaintiff
Defendant(s)
TO THE PROTHONOTARY:
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 10-6396
PRAECIPE FOR WRIT OF EXECUTION
Issue Writ of Execution in the above matter:
,O.1-r• oo ?c CL
,3? ?3. V0 ,.
/o - 00 /qf o6 "
`? a Y
Amount Due
Interest from
11/17/2010 to Date of
Sale per diem at
$17.45
(Costs to be added)
)
.
W.6r
'v
77 rY.
$122,341.68
By:
GOL CCAFFERTY CKEEVER
Michael ee 9
Gary McCafferty Pa. ID 42386
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Attorneys for Plaintiff
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ALL THAT CERTAIN )a or porel of m this Dwaq It of CArbde, Cumbulland County,
PextnuAta nice, big hmmed an the Went aide of Convoy stea as i od an ft pig of &c Mowelend
Land Cry, said Plat being duly recorded the Clfiee of fa kuadar of Doe& m And for =4
Cumberland C7o sly, and having a fide on said Street of#brty (40) Ala end nm*g boclcle sam WWM
one. lead twenty (128) feet to an alley, and buwdcd an the South by PAY ? of t L.
Sprg, and an the bTw* by an Alley, and bed deacnibed on said Pit at Lot No. 120.
HAVM Tf ERECTED a two-afty fracas dwelling ham, known as and numbered 216 Conway
Phasic.
This lot is sold amt lo the Flan of said lbordand Land Company duly roooadr d as afaeesaid, and also the
re tivn t as dashed too mW plat and nu* a pest t meif.
BEING THE SAME PREMISES BY DEED DATED 09/30/2003, GIVEN BY JAMES E.
TRINNAMAN AND JUNE B. TRINNAMAN HUSBAND AND WIFE TO DANIEL J. BUCHAN, HIS
HEIRS AND ASSIGNS AND RECORDED 09/30/203 IN BOOK 259 PAGE 2952.
TAX PARCEL NO: 04-21-0322-219
BEING KNOWN AS 226 CONWAY STREET, CARLISLE PA 17013
10
Goldbeck McCafferty & McKeever
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
vs.
DANIEL J. BUCHAN
(Mortgagor(s) and Record Owner(s))
226 Conway Street
Carlisle, PA 17013
12
....
d
17 (ilk ! 1.
IN THE COURT OF COMMON PLEAS
Plaintiff
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Defendant(s)
No. 10-6396
AFFIDAVIT PURSUANT TO RULE 3129
M&T BANK, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck
McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information
concerning the real property located at:
226 Conway Street
Carlisle, PA 17013
1.Name and address of Owner(s) or Reputed Owner(s):
DANIEL J. BUCHAN
226 Conway Street
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
DANIEL J. BUCHAN
226 Conway Street
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
4. Name and address of the last recorded holder of every mortgage of record:
1
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
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.
TENANTS/OCCUPANTS
226 Conway Street
Carlisle, PA 17013
(attach separate sheet if more space is needed)
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. Section 4904
relating to unsworn falsification to authorities.
DATED: November 16.2010
J44E -
GOLDBECK McCAFFERTY & McKEEVER
BY: TinaMarie Boschetti
10-6396
? 1+ +": i.1t ?`I?.r
GOLDBECK McCAFFERTY & McKE?'
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000- Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6318
Attorney for Plaintiff
I I: 2
to ?,s '-0U
4. 3,r4E: J
y ti
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
vs.
DANIEL J. BUCHAN
Mortgagor(s) and Record Owner(s)
226 Conway Street
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS
of Cumberland County
Plaintiff
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Docket No. 10-6396
Defendant(s
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: BUCHAN, DANIEL J.
DANIEL J. BUCHAN
226 Conway Street
Carlisle, PA 17013
Your house at 226 Conway Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on
Wednesday, March 02, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce
the court judgment of 5122,341.68 obtained by M&T BANK against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay to M&T BANK, the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-
866-413-2311.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
10-6396
4. 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 below 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 NOT TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 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.
3. The sale will go through 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 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 may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the
date of the Sheriffs 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 house back, if you act
immediately after the sale.
8. You may contact the Foreclosure Resource Center: hW://www.philadelphiafed.org/foreclosure/
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
10-6396
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: or 717-243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that
may assist homeowners in default. Please See the PHFA website
http://www.phLa.orgJconsumers/homeowners/real.gVx.
5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss
Mitigation or Home Retention options.
6). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866413-2311 or via email at homeretentionngoldbecklaw.com.
Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you
requested will be mailed to the address that you request or faxed if you leave a message
with that information. The attorney in charge of our firm's Homeowner Retention
Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418.
Please reference our Attorney File Number of 102993FC.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
GOLDBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER, ESQ.
ATTORNEY I.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
(215) 627-1322
ATTORNEY FOR PLAINTIFF
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
Plaintiff
VS.
CIVIL ACTION - LAW
DANIEL J. BUCHAN
Mortgagor(s) and Record Owner(s)
226 Conway Street
Carlisle, PA 17013
Defendant(s)
ACTION OF MORTGAGE
FORECLOSURE
No. 10-6396
CERTIFICATION AS TO THE SALE OF REAL PROPERTY
Plaintiff, by counsel, hereby certifies that it has complied with the provisions of Act 91 of 1983
and/or the real property in question is not subject to the Act.
By:
Michael
Gary M4
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Attorneys for Plaintiff
& McKEEVER
a Pa.. tfY X29
Pa. ID 42386
GOLDBECK McCAFFERTY & McKEEVER
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
"` HELP OTHONOTARY
2011 FEB 10 AM 10-' 24
CU PENNSYLVANIA TY
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
vs.
DANIEL J. BUCHAN
226 Conway Street
Carlisle, PA 17013
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY
No. 10-6396
Defendant(s)
PRAECIPE TO VACATE JUDGMENT
Kindly vacate the judgment upon payment of your costs only.
By. Zlel"001A `---
GOL ECK MCCAFFERTY & MCKEEVER
Mic ael McKeever Pa. ID 56129
Gary McCafferty Pa. ID 42386
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Attorneys for Plaintiff
$,00 ?8 aH?
v_ j*s5-773 6
C
s4- a5 YT y7
GOLDBECK MCCA&FERTY & McKEEVER
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6321
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
Plaintiff
DANIEL J. BUCHAN
226 Conway Street
Carlisle, PA 17013
VS.
Defendant(s)
'I?11 FE810 A? 10? 24
un rn11NTY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 10-6396
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Discontinued and Ended upon payment of your costs only.
By: /
G LDBEC MCCAFFERTY & MCKEEVER
)Michael McKeever Pa. ID 56129
Gary McCafferty Pa. ID 42386
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Attorneys for Plaintiff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
M&TBank
vs.
Daniel J. Buchan
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17
ERLr
Case Number
2010-6396
SHERIFF'S RETURN OF SERVICE
12/29/2010 03:29 PM - Deputy Robert Bitner, 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 226 Conway Street, Carlisle, PA 17013, Cumberland County.
12/29/2010 03:31 PM - Deputy Robert Bitner, 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
personally handing a true copy to a person representing themselves to be the Defendant, to wit: Daniel J.
Buchan at 226 Conway Street, Carlisle, PA 17013, Cumberland County.
01/21/2011 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriff's Sale Continued to 4/6/2011
01/21/2011 Property sale removed from 4/6/2011 sale.
01/21/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney McCafferty on 1/21/11 (letter dated 1/7/11).
SHERIFF COST: $99.90
March 15, 2011
SO ANSWERS,
RONW R ANDERSON, SHERIFF
?.49 p .
Goldbeck McCafferty & McKeever
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
vs.
DANIEL J. BUCHAN
(Mortgagor(s) and Record Owner(s))
226 Conway Street
Carlisle, PA 17013
Plaintiff
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 10-6396
AFFIDAVIT PURSUANT TO RULE 3129
M&T BANK, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck
McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information
concerning the real property located at:
226 Conway Street
Carlisle, PA 17013
1.Name and address of Owner(s) or Reputed Owner(s):
DANIEL J. BUCHAN
226 Conway Street
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
DANIEL J. BUCHAN
226 Conway Street
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
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.
TENANTS/OCCUPANTS
226 Conway Street
Carlisle, PA 17013
(attach separate sheet if more space is needed)
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. Section 4904
relating to unworn falsification to authorities.
DATED: November 16, 2010
W
GOLDBECK McCAFFERTY & McKEEVER
BY: TinaMarie Boschetti
10-6396
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000- Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6318
Attorney for Plaintiff
M&T BANK
1100 Wehrle Drive
Williamsville, NY 14221
Plaintiff
vs.
DANIEL J. BUCHAN
Mortgagor(s) and Record Owner(s)
226 Conway Street
Carlisle, PA 17013
Defendant(s,
Docket No. 10-6396
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: BUCHAN, DANIEL J.
DANIEL J. BUCHAN
226 Conway Street
Carlisle, PA 17013
Your house at 226 Conway Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on
Wednesday, March 02, 2011, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce
the court judgment of $122,341.68 obtained by M&T BANK against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay to M&T BANK, the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-
866-413-2311.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
You may also be able to stop the sale through other legal proceedings.
10-6396
4. 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 below 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 NOT TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 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.
3. The sale will go through 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 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 may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the
date of the Sheriffs 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 house back, if you act
immediately after the sale.
8. You may contact the Foreclosure Resource Center: hn://www.12hiladLphiafed.org/foreclosure/
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
10-6396
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: or 717-243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that
may assist homeowners in default. Please See the PHFA website
http://www.phfa.orgjconsumers/homeowners/real.gpx.
5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss
Mitigation or Home Retention options.
6). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretention&goldbecklaw.com.
Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you
requested will be mailed to the address that you request or faxed if you leave a message
with that information. The attorney in charge of our firm's Homeowner Retention
Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418.
Please reference our Attorney File Number of 102993FC.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
ALL THAT CERTAIN lot or parcel of ground situate in the Borough of Carlisle, Cumberland County,
Pennsylvania, being located on the West side of Conway Street as indicated on the Plot of the Mooreland
Land Company, said Plot being duly recorded in the Office of the Recorder of Deeds in and for said
Cumberland County, and having a frontage on said Surat of forty (40) feet and naming back the same width
one hundred twenty (120) feet to an alley, and bounded on the South by property formerly of Gertrude L.
Springer, and on the North by an Alley, and being described on said Plot as Lot No. 120.
HAVING THEREON ERECTED a two-story frame dwelling house, known as and numbered 226 Conway
Street, Carlisle, Pennsylvania.
This lot is sold subject to the Plan of said Mooreland Land Company duly rworded as aforesaid, and also the
restrictions as attached to said plot and made a part thereof.
BEING THE SAME PREMISES BY DEED DATED 09/30/2003, GIVEN BY JAMES E.
TRINNAMAN AND JUNE B. TRINNAMAN HUSBAND AND WIFE TO DANIEL J. BUCHAN, HIS
HEIRS AND ASSIGNS AND RECORDED 09/30/2003 IN BOOK 259 PAGE 2952.
TAX PARCEL NO: 04-21-0322-219
BEING KNOWN AS 226 CONWAY STREET, CARLISLE PA 17013
' WRIT OF EXECUTION and/or ATTACHMENT
CbMMONWEALTH OF PENNSYLVANIA) NO 2010-6396 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due M & T Bank 1100 Wehrle Drive Williamsville, NY
14221 Plaintiff (s)
From Daniel J. Buchan
(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 notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any 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.
Amount Due$122,341.68
L.L. $.50
Interest from 11/17/10 to Date of Sale per diem at $17.45
Atty's Comm % Due Prothy $2.00
Atty Paid
Plaintiff Paid $165.90
Other Costs
Date: November 17, 2010
(Seal)
REQUESTING PARTY:
Name Gary McCafferty, Esq.
Goldbeck McCafferty & McKeever
Address: Suite 5000 - Mellon Independence Center
David . B , Protho tary
By:
Deputy
701 Market Street, Philadelphia, PA 19106
Attorney for: Plaintiff
Telephone: 215-627-1322
Supreme Court ID No. 42386
TRUE COPY FROM RECORD
b Aetimany whereof, t here unto set my hand
W4 the "al of said Court at Ca 1de, Pa.
Tft-1-Z-?erar,?lL..._. so /e)
On November 22, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
Carlisle Borough, Cumberland County, PA,
Known and numbered as, 226 Conway Street
Carlisle, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: November 22, 2010
By:
fta?-
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Real Estate Coordinator
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