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Home My WebLink About14-2680 7. Supreme Court of Pennsylvania CouiGoinninn Pleas ,t t "t "For Paothono,tat_rUse Onlj•. AIJIGocer,Sheet C rland1, count= Doe# °: � The information collected on this farm is used solely for court administration purposes. This farm does not Supplement or replace the filing and service of leadin s or other papers as re wired by law or rules 9f court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff Name: Lead Defendant's Name: C M&T BANK DANIEL J.BUCHAN T I Dollar Amount Requested within arbitration limits a Are money Damages requested?: ❑ Yes ® No (Check one) X outside arbitration limits Is this a Class Action Suit? ❑ Yes ® NO Is this an MDJ Appeal? ❑ Yes ® NO Name of Plaintiff/appellant's Attorney:KML Law Group.P.C. ❑ Check here if you are a Self-Represented(Pro Se Litigant Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your .PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEAL ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S ❑ Premises Liability ❑ Zoning Board ❑ Product Liability(does not include ❑ Statutory Appeal:Other 1E mass tort) ❑ Employment dispute: ❑ Slander/Libel Defamation Discrimination ❑ Employment Dispute:Other ❑ Other T ❑ Other: I 0 MASS TORT ❑ Other ❑ Asbestos. ❑ Tobacco ❑ Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory ❑ Toxic Waste ❑ Eminent Domain/Condemnation Arbitration B ❑ Other ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus ® Mortgage Foreclosure:Residential ❑ Non-Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial Restraining Order ❑ Dental ❑ Partition ❑ Quo Warranto ❑ Legal ❑ Quiet title ❑ Replevin ❑ Medical ❑ Other Professional: ❑ Other ❑ Other Pa.RCP. 205.5 Updated 11112011 KML LAW GROUP,P.C. r, .- SUITE 5000—BNY MELLON INDEPENDENCE CENTER 701 MARKET STREET �'= j f�(� '( Til � . PHILADELPHIA,PA 19106 (1(1 (866)413-2311 `` r € l '" � ,9 l P{ 3 1i� 3� f q to M&T BANK � ;,f{ 1�L7 C Tpp COURT OF COMMON PLEAS One Fountain Plaza ' S YLVA tilA Buffalo,NY 14203 OF Cumberland COUNTY Plaintiff vs. CIVIL ACTION-LAW DANIEL J.BUCHAN Mortgagor(s)and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 226 Conway Street , Carlisle,PA 17013 �;jr/�j,A �� KG) NOTICE 1I t Defendant(s) FtN��CY,O,S`Ult� NOTICE Ei,t You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20)days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes,usted tiene veinte (20)dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINER-0 SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. l cCy(d3,"�S Q ►71L �I•, �2�/ SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 THIS 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 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://\vNvw.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff(your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: .http://www.philadelpliiafed.org/foreclosure/ 7). 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 homeretentionCcikmllawgroup.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 13065817C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T BANK, One Fountain Plaza, Buffalo,NY 14203. 2. The name(s)and address(es)of the Defendant(s) is/are DANIEL J. BUCHAN, 226 Conway Street, Carlisle,PA 17013,who is/are the mortgagor(s)and record owner(s) of the mortgaged premises hereinafter described. 3. On September 30, 2003 mortgagor(s)made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR M&T MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on September 30, 2003 as Book 1838, Page 3652. The mortgage has been assigned to: M&T BANK by assignment of Mortgage recorded on October 11, 2010 as Instrument No. 201028956. The Mortgage and Assignment(s) (if any)are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments are due and unpaid for August 08, 2013 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more,the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: PrincipalBalance....................................................................................$98,186.07 Interest from 07/08/2013 through 04/16/2014 at 5.7500%.......................$4,037.26 Per Diem interest rate at$15.00 LateCharges ...............................................................................................$284.55 Escrow/Impound Overdraft........................................................................$186.32 NSFCharges..................................................................................................$20.00 PropertyInspections.......................................................................................$56.00 Valuations......................................................................................................$90.00 Reasonable Attorney's Fee.......................................................................$1,650.00 $104,510.20 7. If the Mortgage is reinstated prior to a Sheriff's Sale,the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit,process serving and skip tracing,title searches,recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. 8. Plaintiff is not seeking a judgment of personal liability(or an"in personam'judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding,this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit`B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff,the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE,Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of$104,510.20, together with interest at the rate of$15.00,per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By. 4J kuu KML LAA G O , P.C. Michae cKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 ✓Attorneys for Plaintiff VERIFICATION I, Muriel Adams as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 1.8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: Muri l Adams, Vice President #130658FC -DANIEL J. BUCHAN 226 Conway Street Carlisle,PA 17013 ExthibitA EXHIBIT A 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 Street of forty(40)feet and running 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 recorded as aforesaid,and also the restrictions as attached to said plot and made a part thereof. BEING the same premises which Farmers Trust Company, Executor of the Last Will and Testament of Miriam Moody, Deceased, by it's Deed dated and recorded July 10, 1990 in Cumberland County, Pennsylvania,Deed Book Q,Volume 34,Page 1124,granted and conveyed unto James E.Trinnaman. The said June B.Trinnaman joins in this conveyance to transfer any right,title or interest she may have in said property by virtue of her marriage to James E.Trinnaman. to be recorded i land County PA •4 Recorder of Deeds �� 1838PG3668 EY, h �B *Exhibit has been redacted to remove all personally identifiable information or non-public information REPRESENTATIONpf €NT 9207 1969 0043 7100 0217 0756 39 M&T Bank P.O.Box 840 Buffalo,NY 14240 6-750-72311-0000011-001-01-000-000-000-000 DANIEL J BUCHAN 226 CONWAY ST CARLISLE PA 17013 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 6-750-72311-0000011-001-02-000-000-000-000 APPENDIX A Date:November 1,2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortgage on your home is in default and the lender intends to foreclose.Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM(HEMAP)mu be able to help to save your home.This Notice explains how the program works.To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name,address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions,you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call(717)780-18691 This Notice contains important legal information.If you have any questions,representatives at the Consumer Credit Counseling Agency may be able to help explain it.You may also want to contact an attorney in your area.The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 6-750-72311-0000011-001-03-000-000-000-000 HOMEOWNER'S NAME(S): DANIEL J BUCHAN PROPERTY ADDRESS: 226 CONWAY STREET CARLISLE PA 17013 LOAN ACCT.NO.: _6719 ORIGINAL LENDER: M&T Mortgage Corp CURRENT LENDER/SERVICER: M&T Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENT IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a"face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE F YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designate consumer credit counseling agencies for the counjy in which the proper1y is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE, IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 6-750-72311-0000011-001-04-000-000-000-000 YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION,BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60)days to make a decision after it receives your application.During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it UD to date). NATURE OF THE DEFAULT - The MORTAGAGE debt held by the above lender on your property located at: 226 CONWAY STREET CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: August 8,2013 through November 1,2013 $3,158.94 Other charges(explain/itemize): $128.85 TOTAL AMOUNT PAST DUE: $3,287.79 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,287.79, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either—by b. cashier's chcheck. certified check or money order made payable and sent to: M&T Bank P.O. Box 62182 Baltimore,MD 21264-2182 Attn: Payment Processing IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the tender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred,up to $50.00. However, if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,which may also include other reasonable costs. If you cure the default within the THIRTY Q01 DAY Period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT eae0a2311-0000011-001-05.000-000-000-0oo RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by_paying the total amount then past due. plus any_late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any-other costs connected with the Sheriffs Sale as specified in writing -by the lender and bLperforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M&T Bank Address: P.O.Box 840 Buffalo,NY 14240 Phone Number: 1-800-724-1633 Fax Number: 1-855-678-0866 Contact Person: Evelyn Wilson E-Mail Address: ewilson@mtb.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. INTERNET REPRINT 4 REPRESENTATION OF PRINTED DOCUMENT 6.750-72311-0000011-001-06-000-000-000-000 PHFAForeclosure Mitigation Counseling Initiative Agencies iENEt3tlSYtYANd/a HOUSING F1'NAflCEAGENCY Agencias Participantes que Aconsejan en Mitigacion contra la Ejecucion de una Hipoteca NOTICE: If you are a resident of Philadelphia, you must choose one of the Save Your Home Philly counseling agencies to be afforded the most punctual access to the Philadelphia Disposition process. Most of PHFA's Foreclosure Mitigation Counseling Initiative network agencies are also in the Save Your Home Philly network.To see a list: http://www.phila.gov/OHCD/csigagencies.htm Cumberland County Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road Harrisburg,PA 17102 888-511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg,PA 17104 717-232-9757 Housing Alliance of York/Y Housing Resources 290 West Market Street York,PA 17401 717-855-2752 Maranatha 43 Philadelphia Avenue Waynesboro,PA 17268 717-762-3285 PathStone Corporation 1625 North Front St Harrisburg,PA 17102 717-234-6616 PathStone Corporation 450 Cleveland Ave Chambersburg,PA 17201 717-264-5913 PA Interfaith Community Programs Inc 40 E High Street Gettysburg,PA 17325 717-334-1518 PHFA 211 North Front Street Harrisburg,PA 17110 717-780-3940 800-342-2397 NOTE:For more information,questions,or concerns regarding this list,contact PHFA at 1.800.822.1174. 'Other locations available to serve you;inquire with agency for more information. INTERNET REPRINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA M&T BANK c Plaintiff Case No. I�•�1[� v 7J v, vs. /lt DANIEL J.BUCHAN Defendant(s) ?G 77 _a NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respect sub ed: 2 (Signature f o sel for Plaintiff) Dae Cumberland County Residential Mortgage Foreclosure Diversion Program Date Financial Worksheet Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR.HARDSHSP ASSISTANCE To complete•your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the test Of your knowledge: Borrower name(s): Property Address: City: State:_Zip: Is the property for sale? Yes Li No 0 Listing date: Price: Realtor Name: Realtor Phone: Borrower Occupied? Yes No Mailing Address(if different).- City: ifferent):City: State: Zi Phone Numbers: Rome: Office; __�___ p Email: Cell: Other: #of people in household; How lon 9 g• Mailing Address, City: State Zip: Phone Number%: Home: Office: Email: Cell: Other: ---� #of people in household: How long? First Mortgage'Lender: Type of Loan: Loan Number*. Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes[ No[ r If}res,provide names,location of caurt,case number&attorney: Assets Amount Owed: Value: Home: $--- Other Real Estate: $--_ $ Retirement Funds; $ $ Investments: Checking: $ Savings: $ $ Other: Automobile#1: Model: Year: Amount owed: Value; -.. Automobile#2: Model: Year- Arnount owed: Value: Other transpgrtation(automobiles, boats mt�tarcyclasl• Model., Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description(not wages): I. monthly amount: 2. monthly amount: Borrower pay Days: Co-Borrower Pay Days: Monthly Expenses-(Please only include expenses you are currently paying) E 'ENSE AMOUNT EXPENSE AMC3[JNT Mo a e. ... Food 2 Most a s Utilities Car Pa ent s Condo/Neigh..Fees Auto Insurance Med. not covemd Aute fu-1/re irs Other prop.payment Install. Loan Payment Cable TV Child Su rt/Alim, Spendin&Mone Da !Child Came uit Other Ex eases Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes El No El If yes,please provide the following information: Counseling Agency: Couriselor: Pl}one.(Of.ice): Fax: Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r!LEO"OFFI E CrTHE PROTHONOTARY 2011t MAY I4.PM 3:i.0 CUMBERLAND COUNTY PENNSYLVANIA leo OFFICE OF Nz`a HERIF M&T Bank vs. Daniel J. Buchan Case Number 2014-2680 SHERIFF'S RETURN OF SERVICE 05/09/2014 08:05 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the P -fendant, to wit: Daniel J. Buchan at 226 Conway Street, Carlisle Borough, Carlisle, PA 17013. i WIL CLINE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, May 12, 2014 ;c} CountySuito Sheriff, Teeleosoft, Inc, RONNY R ANDERSON, SHERIFF A In the Court of Common Pleas of Cumberland County M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. DANIEL J. BUCHAN (Mortgagor(s) and Record Owner(s)) 226 Conway Street Carlisle, PA 17013 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 14-2680-ci 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. Enter the Judgment in favor of Plaintiff and against DANIEL J. BUCHAN by default for want of an Answer. Assess damages as follows: Debt $105,965.20 Interest from 7/23/2014 to Date of Sale per diem at $15.00 Total (Assessment of Damages attached) 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 ocrrpd end 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 AND NOW BANK and against DANIEL J. BUCHAN b the above certification. as By: KMI. LAW GR Michael McKee Pa. ID 56129 _Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 _Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 _Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gomall Pa. ID 92382 Attorneys for Plaintiff fdAil 3i6t0D , Judgment is entered in favor of M& default for want of an Answer and damages asse 5,965.20 Prothon ebitk4 sic6.s°Pilfti CJ 1 T toss p:t4361(0 I VuubeZ Ili Rule of Civil Procedure No. 236 — Revised M&T BANK One Fountain Plaza Buffalo, NY 14203 DANIEL J. BUCHAN (Mortgagors and Record Owner(s)) 226 Conway Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. Defendant(s) No. 14 -2680 -civil 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: Deputy If you have any questions concerning the above, please contact: KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 130658 FC 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. TO: DANIEL J. BUCHAN BUCHAN, DANIEL J. 226 Conway Street Carlisle, PA 17013 M&T BANK One Fountain Plaza Buffalo, NY 14203 Plaintiff vs. DANIEL J. BUCHAN (Mortgagor(s) and Record Owner(s)) 226 Conway Street Carlisle, PA 17013 Defenidant(s) TO: DANIEL J. BUCHAN 226 Conway Street Carlisle, PA 17013 DATE OF THIS NOTICE: July 10, 2014 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure No. 14 -2680 -civil IMPORTANT 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 O] FhR 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 By: KML LAW G 171 .C. Michael M �� eev Pa. ID 56129 Lisa Lee Pa. ID 78020 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 / Salvatore Filippello Pa. ID 313897 / Jennifer Lynn Frechie Pa ID 316160 215-627-1322 Attorneys for Plaintiff r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK vs. DANIEL J. BUCHAN Plaintiff Defendant(s) NO. 14 -2680 -civil VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): DANIEL J. BUCHAN, has a last known residence of 226 Conway Street, Carlisle, PA 17013. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date -2-11 IkJ By: KML LAW G ; I ' , P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P. Jenkins Pa. ID 306588 /Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of : Jul -22-2014 06:42:17 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: BUCHAN First Name: DANIEL Middle Name: J. Active Duty Status As Of: Jul -22-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuate active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA ' This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 -40404- The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: WB4EPB2BLOE9LAO KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 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. 14 -2680 -civil ORDER FOR JUDGMENT 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 from the date of service of the nt, in the sum of $105,965.20. By: KML L ROUP, P.C. Michael cKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Attorneys for Plaintiff pgrAr ffeelti 16L6a I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is M&T BANK One Fountain Plaza Buffalo, NY 14203 and that the name(s) and last known address(es) of the Defendant(s) is/are DANIEL J. BUCHAN, 226 Conway Street Carlisle, PA 17013; By: KML LAW GROU Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Attorneys for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $98,186.07 Interest from 07/08/2013 through $5,492.26 07/22/2014 Reasonable Attorney's Fee $1,650.00 Late Charges $284.55 Escrow/ Impound Overdraft $186.32 NSF Charges $20.00 Property Inspections $56.00 Valuations $90.00 By: KML LAW -GROUP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jp,,j ti � fL/ 3��C6D Jill P. Jenkins Pa. ID 306588 t �i " Andrew F. Gornall Pa. ID 92382 Attorneys for Plaintiff $105,96.20 AND NOW, this day of , 2014 damages are assessed as above. Pro Prothy 14-2680-civil/130658FC PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE P.R.C.P 3180-3183 G s' \ y_ t� macs3 -0 2s.37 - KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 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. 14 -2680 -civil PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 7/23/2014 to Date of Sale per diem at $15.00 (Costs to be added) .9s1rP C_L-Cnr) S -S 30SVO By: $105,965.20 KML LAOUP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 FAttorneys for Plaintiff -N--1 /_ ' C - Jo/1,w 3 1,GL(0, 0 Ts1 KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff 20113IlL23 fir_ ,lit PE at, ;1,ND cot" IN THE COURT OF COMMON PLEAS M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. DANIEL J. BUCHAN (Mortgagor(s) and Record Owner(s)) 226 Conway Street Carlisle, PA 17013 Plaintiff Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 14 -2680 -civil AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, Plaintiff in the above action, by counsel, KML Law Group, P.C., 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 I verify that the statements made in this affidavit are true and correct to the best of my 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: P;11 By: KML LA V eat UP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 'Attorneys for Plaintiff litV1A1 3�2[(c''° KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff 2U114 JUL 23 fir', la . rUrle PENA/SRL ?-'iDn�'OU,`.aT 14 -2680 -civil M&T BANK One Fountain Plaza Buffalo, NY 14203 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 ACTION OF MORTGAGE FORECLOSURE Defendant(s Docket No. 14 -2680 -civil 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, December 03, 2014, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $105,965.20 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. 3. You may also be able to stop the sale through other legal proceedings. 14 -2680 -civil 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 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. 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 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 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: http://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 14 -2680 -civil 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.org/consumers/homeowners/real.aspx. 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@kmllawgroup.com.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 130658FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net M&T BANK Vs. DANIEL J. BUCHAN WRIT OF EXECUTION NO 14-2680 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $105,965.20 L.L.: $.50 Interest FROM 7/23/2014 TO DATE OF SALE PER DIEM AT $15.00 Atty's Comm: Atty Paid: $183.53 Plaintiff Paid: Date: 7/23/14 (Seal) Due Prothy: $2.25 Other Costs: -34)4zi,"1 David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: JENNIFER FRECH1E, ESQUIRE Address: KML LAW GROUP, P.C. SUITE 5000- BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 316160 KML LAW GROUP, P.C. Suite 5000 BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff FIL D-OFFICF, Or THE PROTHONOTAi-Cr 11314 NOV 17 10: 25 CUI;iSERt_ AND Cninfry 6 LVANIAN 'THE COURT OF COMMON PLEAS Eii M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. DANIEL J. BUCHAN Mortgagor(s) and Record Owner(s) 226 Conway Street Carlisle, PA 17013 Plaintiff Defendant(s) 130658FC CF: 05/02/2014 SD: 12/03/2014 $105,965.20 of Cumberland County CIVIL ACTION — LAW ACTION OF MORTGAGE FORECLOSURE Term No. 14 -2680 -civil CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Andrew Hauck, an employee of KML Law Group, P.C., counsel of Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/competent adult (copy of return attached). Certified mail by KML Law Group, P.C. (copy of green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by KML Law Group, P.C. to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by KML Law Group, P.C. (copy of receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail KML Law Group, P.C. (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 Pa. C.S.A. Section 4904. Respe tfully su nitteci BY: Andrew Hauck Legal Assistant IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA M&T. BANK; et seq. Plaintiff (Petitioner) V. DANIEL J. BUCHAN; et al. Defendant (Respondent) CASE and/or DOCKET No.: 14 -2680 -CIVIL Sheriff's Sale Date: 12/3/2014 AFFIDAVIT OF SERVICE ❑ Complaint ❑ Summons 0 Other: NOTICE OF SALE I, KEVEN CHASE, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that 1 served DANIEL I. BUCHAN the above process on the 6 day of August, 2014, at 1:44 o'clock, PM, at 226 Conway Street Carlisle, PA 17013 , County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: Q By handing a copy to the Defendant(s) Description: Approximate Age 36-40 Height 5'10 Weight 20 Race WHITE Sex MALE Hair BLACK Military. Status: EINo ❑Yes Branch: Commonwealth/State of P s ) ) SS: County of 13. .144 Before me, the undersigned notary public, this day, personally, appeared duly swom according to law, deposes the following: cL.rt to me known, who being I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. fG.-YCi- (Signature of Affiant) Filc.Number:130658FC Case 11>#:405'7272 Subscribed and s this '7 day o CiOPoWEAI.Thl t)F PrNNtiyl.VWIA Notary Public ._ NOTARIAL ."; I ;tl_._. Eric M. Afflr,rboch, Notary Public Washington Township, Berks County ! t' C_„i,i,i'risslon Expire:i fs/overnbor 18, 2017 Varna and Address of Sender OLDBECK JITE 5000 )1 MARKET STREET HILADELPHIA, PA 3106-1532 Check type of mail or service: 0 Certified 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail LI Signature Confirmation 0 Insured Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and , Date of Recept Article Number Addressee (Nan, Street, City, State, & ZIP Cate) Postage Fee Handling Charge Actual Value if Registered Insured Value Due Sender if COD DC Fee SC Fee SH Fee RD Fee RR Fee 1• DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 TENANTS/OCCUP 226 Conway Carlisle, Street PA 17013 ' NTS . • :ijoil.': li V' • - .. pc • ' . • • k • , • e .' ' U.S. POSTAGEO ,M=4/ 047 PITNEY BOWES 6 ____ . PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement2 Health and Welfare Bldg. - Room 432 P0 Box 2675 ,17., NOMMEN. ZIP 191°6 • 02 11^/ 0001391829 $ 001 JUL 41° 28 2014 3. Harrisburg, PA 17105-2675 8 e 0 14 • 5. 6. 7. 8. Total Numb Listed by Se of Pieces - der To Number of Pieces Rece ed at Post Office Postmaster, Per ame .f receiving employee) See Privacy Act Statement on Reverse PS Form 2002 (page 1 of 2) 130658FC Cumberland County DANIEL J. BUCHAN Complete by Typewriter, Ink, or Ball Point Pen Sale Date: 12/03/2014 KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. DANIEL J. BUCHAN Mortgagor(s) and Record Owner(s) 226 Conway Street Carlisle, PA 17013 Defendant(s) Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Tenn No. 14 -2680 -civil AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK , Plaintiff in the above action, by and through an authorized employee of its attorneys, KML Law Group, P.C., 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 pf 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 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 13, 2014 KML Law Group, P.C. BY: Andrew Hauck Legal Assistant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED -OFFICE Sheriff I, i P R u I I i O O• Jody S Smith Chief Deputy Richard W Stewart Solicitor OF lCE }+c' S1 ERiFF niti DEC -9 Hi 2: :Jr.) CUMBERLAND COUNTY Y PENNSYLVANIA M&T Bank Case Number vs. Daniel J. Buchan 2014-2680 SHERIFF'S RETURN OF SERVICE 09/26/2014 03:40 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 226 Conway Street, Carlisle - Borough, Carlisle, PA 17013, Cumberland County. 12/01/2014 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: $1,138.12 SO ANSWERS, December 09, 2014 N %oentySuie 4Seeriff, Teleosoft, Inc. RONIVR ANDERSON, SHERIFF • 3fgLa? KML Law Group, P.C.. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 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. 14 -2680 -civil AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK, Plaintiff in the above action, by counsel, KML Law Group, P.C., 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 I verify that the statements made in this affidavit are true and correct to the best of my 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: P;-2( By: KML LAV CROUP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Attorneys for Plaintiff 14 -2680 -civil KIVIL Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 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 Docket No. 14 -2680 -civil 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. r - NOTICE OF SHERIFFS 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; Deeember 03, 2014, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $105,965.20 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. 3. You may also be able to stop the sale through other legal proceedings. 14 -2680 -civil 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 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. 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 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 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: http://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 Oh'rICE 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 14 -2680 -civil 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.org/consumers/homeowners/real.aspx. 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@kmllawgroup.com.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 130658FC. 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 Street of forty (40) feet and running 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 duty recorded as aforesaid, and also the restrictions as attached to said plot and made a part thereof. IMPROVEMENTS consist of a two-story frame dwelling house. MUNICIPALITY Borough of Carlisle BEING PREMISES: 226 Conway Street, Cumberland, PA 17013 SOLD as the property of Daniel J. Buchan TAX PARCEL #04-21-0322-219 BEING the same premises which James E. Trinnaman and June B. Trinnaman, husband and wife by deed dated 9/30/2003 and recorded 9/30/2003 in Cumberland County in Deed Book Volume 259 at Page 2952 granted and conveyed unto Daniel J. Buchan. On July 23, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Known and numbered as, 226 Conway Street, Carlisle, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: July 23, 2014 By: ..e_PQT)elJ tJ/z/ Real Estate Coordinator KML LAW GROUP, P.C. SUITE 5000 BNY MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 W W W.KMLLAWGROUP.COM November 13, 2014 SHERIFF OF CUMBERLAND COUNTY Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 RE: No. 14 -2680 -civil DANIEL J. BUCHAN Real Estate Division: The above case may be sold on December 03, 2014. It has been properly served in accordance with Rule 3129. Very truly yours, KML Law Group, P.C. Andrew Hauck Legal Assistant KML LAW GROUP, P.C. Suite 5000 BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. DANIEL J. BUCHAN Mortgagor(s) and Record Owner(s) 226 Conway Street Carlisle, PA 17013 130658FC CF: 05/02/2014 SD: 12/03/2014 $105,965.20 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION — LAW ACTION OF MORTGAGE FORECLOSURE Term No. 14 -2680 -civil CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Andrew Hauck, an employee of KML Law Group, P.C., counsel of Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: (X) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by KML Law Group, P.C. (copy of green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by KML Law Group, P.C. to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by KML Law Group, P.C. (copy of receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail KML Law Group, P.C. (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 Pa. C.S.A. Section 4904. Respectfully su miffed, fr. BY: Andrew Hauck Legal Assistant IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA M&T BANK; et seq. Plaintiff (Petitioner) V. DANIEL J. BUCHAN; et al. Defendant (Respondent) CASE and/or DOCKET No.: 14 -2680 -CIVIL Sheriffs Sale Date: 12/3/2014 AFFIDAVIT OF SERVICE ❑ Complaint ❑ Summons . IDOther: NOTICE OF SALE I, KEVEN CHASE, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I served DANIEL J. BUCHAN the above process on the 6 day of August, 2014, at 1:44 o'clock, PM, at 226 Conway Street Carlisle, PA 17013 , County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: El By handing a copy to the Defendant(s) Description: Approximate Age 36-40 Height 5'10 Weight 200 Race WHITE Sex MALE Hair BLACK Military Status: Q No ❑ Yes Branch: Commonwealth/State of P s ) ) SS: County of 04 dici) Before me, the undersigned notary public, this day, personally, appeared duly sworn according to law, deposes the following: /CCV1-ti C(.sxa I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. (Signature of Affiant) File Number:130658FC Case ID.#:4057272 COMMONWEALTH OF PENNSYLVANIA Notary Public NOTARIAL SEAL Eiic: M. Aiflorbach, Notary Public Washington Township, Berks County My commission Cxpires No�'ombor la, 2.01 7 Subscribed and swo this 7 day o to me known, who being e me 20��. Name and Address of Sender OLDBECK(If �U ITE 5000 01 MARKET STREET 'HILADELPHIA, PA 9106-1532 Check type of mail or service: ❑ Certified ❑ Recorded Delivery (International) ❑ COD ❑ Registered 0 Delivery Confirmation ❑ Return Receipt for Merchandise 0 Express Mail ❑ Signature Confirmation 0 Insured Affix Stamp Here issued as a certificate of mailing, or for additional of this bill) Postmark and Date of Receipt copies Article Number Addressee(Name, Street City, & ZIP Code ty) Postage g Fee Handling Charge Actual Value if Registered Insured Value Due Sender If COD DC Fee SC Fee SH Fee RD Fee RR Fee 1. DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 TENANTS/OCCUP 226 Conway Carlisle, Street PA 17013 ' NTS : • . • ,r .... - •�4.' , ' ' �` U.S. POSTAGE» PITNEY �1® BOWES _ c e— � ��",� ''7 2. PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 , . Cp• Ti *3FAgo rr '�' . ZIP 19106 0001391829 $ 001 JUL. 41 28 2014 3. Harrisburg, PA 17105-2675 4. W''' 5. 5. 6. 7. 8. Total Numb of Pieces Listed by Se der To Number of Pieces Rece ed at Post Office Postmaster, Per ame f receiving employee) See Privacy Act Statement on Reverse PS Form35-Fe nils ary 2002 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen [_r., 130658FC Cumberland County Sale Date: 12/03/2014 (ryn DANIEL J. BUCHAN KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street . Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff M&T BANK One Fountain Plaza Buffalo, NY 14203 vs. DANIEL J. BUCHAN Mortgagor(s) and Record Owner(s) 226 Conway Street Carlisle, PA 17013 Defendant(s) Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 14 -2680 -civil AFFIDAVIT PURSUANT TO RULE 3129 M&T BANK , Plaintiff in the above action, by and through an authorized employee of its attorneys, KML Law Group, P.C., 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 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 13, 2014 KML Law Group, P.C. BY: Andrew Hauck Legal Assistant LXIII 42 CUMBERLAND LAW JOURNAL 10/17/14 Writ No. 2014-2680 Civil Term M&T Bank vs. Daniel J. Buchan Atty.: Michael McKeever MPROVEMENTS consist of a resi- dential dwelling. BEING PREMISES: 226 Conway Street, Carlisle, PA 17013. SOLD as the property of DANIEL J. BUCHAN. TAX PARCEL #04-21-0322-219. 30 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: October 17, October 24 and October 31, 2014 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. Lisa Marie Col Editor SWORN TO AND SUBSCRIBED before me this 31 day of October, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriot*Ncws Now you know 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 Marianne Millerbeing duly sworn according to lawdeposes and says: That she is the Assistant Controller 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. 2014.2680 Civil Term M&T Bank vs. Daniel J. Buchan Any: Michael McKeever IMPROVEMENTS consist of a residential dwell BEING PREMISES: 226 Conway greet, Carlisle, PA 17013 SOLD as the property of DANIEL J. BUCHAN TAX PARCEL #O*'zl'0J2%-219/ This ad ran on the date(s) shown below: 10/19/14 10/26/14 f1/02/14 Sworn to a bscribed befo e this 17 day of November, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES