HomeMy WebLinkAbout01-5945THOMAS I. PULEO
IDENTIFICATION NO. 27615
1710 WALTON ROAD, SUITE 206
BLUE BELL, PENNSYLVANIA 19422
(61 O) 941-6050
ATTORNEY FOR
PLAINTIFF
U.S. BANK NATIONAL ASSOCIATION,
Trustee under Agreement dated December 1, 1998
(EQCC Home Equity Loan Trust 1998-4)
111 East Wacker Drive, Suite 3000
Chicago, Illinois 60611
GEORGE E. BOYANOWSKI
318 Third Street
West Fairview, PA 17025
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
DI VISION
TERM.
CIVIL ACTION - MORTGAGE FORECLOSURE
COMPLAINT
"NOTICE
'You have been sued in court. If you wish to defend against the
claims set forth in tho following pages, you must take action within twenty
(20) days after this complaint and notice are served, by entodng a written
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
"AVISO
"La hen demandado a usted en la corte. Si usted quiere detenderse
de estas demandas expt~esta$ en las p~ginas siguiantes, usted tiene veinto
(20) dias. de piazo al pa~r de la fecb~ de ia demands y la notif~cati6n.
Haco faits asentar una comparencla escHta o en persona o con un
abogado y entregar a ia co~ta en feima escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea avisado qua si
ustad no se deliende, la coria tomara medidas y puede continuar la
demands en contra suya sin previo arise o notJ§cacion. Adam, s. la coarte
puode decldir a favor del demandania y requiem qua ustod cumpia con
redes las provisiones de esta demands, Ustad puede perder dinero o sus
propiedades u ob'os detaches importantas para usted.
'LLEVE ESTA DEMANDA A UN ASOGADO INMEDLATAMENTE, St
NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFIClENTE[ DE
PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELg:FONO
A LA OFICINA CUYA OIRECCION SE ENCUENTRA ESCRITA ABA JO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENC~
LEGAL.
Court Administrator
4th Floor, C\~nberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
3. On the 25th day of November, 1997, the above named mortgagor made, executed and delivered
a mortgage upon premises hereinafter described to Blazer Consumer Discount Company, which mortgage
is recorded in the Office of the Recorder of Deeds for Cumberland County in Record Book 1419 page
554.
4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and
made a part hereof.
5. The mortgage secures defendant's certain Note dated the same as the mortgage in the amount
of $61,625.00 payable in monthly installments with interest at the rote of 10% per annum. A copy of the
said Note is attached hereto, made a part hereof and marked Exhibit "B".
6. The said mortgage was last assigned to U.S. BANK NATIONAL ASSOCIATION, Trustee
under Agreement dated December 1, 1998 (EQCC Home Equity Loan Trust 1998-4), the plaintiffherein,
by written assignment which is being recorded forthwith in the Office of the Recorder of Deeds for
Cumberland County.
7. The mortgage is in default because the defendant has failed to make the payment of the
monthly installment of principal and interest in accordance with the terms of the mortgage for the month
of March 2001, and each month thereafter, up to and including the present time.
8. The following amounts are due on the mortgage:
Principal $60,679.33
Interest at 10% per annum from 2/14/01 thru
8/31/01 ($16.62 per diem) 3,307.38
Late charges accrued thru 8/31/01 ($27.04/month) 432.64
Escrow advances 3,637.80
Attorney's fee 3,033.97
Title information certificate 325.00
Total $71,416.12
9. On August 24, 2001, plaintiff sent to defendant by certified mail and first class mail Notice of
-2-
Intention to Foreclose Mortgage in accordance with the provisions o£ Section 403 of Pennsylvania Act
No. 6 of 1974, and Notice of Homeowners' Emergency Mortgage Assistance Program, in accordance
with Pennsylvania Act 91 o£ 1983, a true and correct copy of which is at~ached hereto, made a part hereof
and marked Exhibit "C". De£endant has not had the required face-to-face meeting with the mortgagee
within the required time and plaintiffhas received no notice that defendant has had a face-to-£aee meeting
with a consumer credit counseling agency, nor has plaintiff received notice that de£endant has filed an
application with the Homeowners' Emergency Mortgage Assistance Program.
WHEREFORE, plaintiff demands judgment in the sum of $71,416.12 plus interest, late charges,
escrow amounts and costs to the date of judgment and foreclosure o£ the said mortgage.
*HOMAS I' pP1Ualn~tif~
Attorney for
-3-
DESCRIPTION
A~LL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough
of West Fairview ia the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
BEGINNING at a point on the Western line of Third Street 58 feet 1 inch South of Lincoln Street;
thence in a Westerly direction ~on~ the line of said lot 103 feet, more or less, to a point; thence in a
Southerly direction 34 feet to a post~, thence in an Easterly direction along the line of Lot No. 37, 95
feet 6 inches to a point; thence in a Northerly direction along the Eastern line of Third Street 36 feet
8 inches to a point, the place of beginning.
BEING part of Lot 35 and all of Lot 36 of the Martin Plan of Lots recorded in Deed Book "U",
Volume 6, Page 601.
Tax Parcel #45-17-1044-147
· I
EXHIBIT A __
Loan Number:'
NOTE
HARRISBURG
City
42900052
November 25~' 1997
Date ~ , Penmy[wnia
1. BORROWI~R'S PROMISR TO PAY
I ~II ~y int~ at a ~ly ~te of 10.000
BO~OW~'~ F~ TO PAY ~
(~ Deault ~
at~ f~.
f. ~tlS NOTg SEC~ BY A MORTGAGE
~ifi~tion or n~mt (~o~ as a "~t'). ~ el~ ~o a~ to k~ ~e ~ ~de ia ~ Not~, ~ ~o a~ to
~1 F~t M~g~= & S~ EXHIBIT B ~ ~ or2
-2-
Any ri°rice t~t must be given t° me trader ~s N°te will be given b~ deli','efin~ it ~ ~ ~ it ~ ~fi~ ~1 ~ to me .
et ~hc ProPatY ~ in the Sec~ lmtrmnent. · . . .
Thc Not~ Holder rmy ear. ce its fights under this ~ota ~inst each o/'us indlvidu~lly ~r against alt of'us togeth~' This
~ndo~t)~Y,~c~, ~....~,,P~i~ 'ously...co. llect~d. ~rom me ut com~ctlon with this le~ing transaction whic, h
v~J~ (?le~av~, ? '^dditloe.~ Stm~.) ~eld et- ~a~.~c ~ me, ~e~' ~"-t o ~
wl~ch, under thc lews o.f P..~y. lvam.~..n~ay b~ deemed to be intc~st with respect to th~ lendm tnmsect~on
defined in this Not~) sltell be deemed to ~e increesed by the Additional Sum~.
Financed (unless such fee~ are peid ~ me in cesh ~. ~, cheek e, _,__.
GEORGE E. BOYAJqOWSKI~ SR.
Form #433 (10/96)
P~a2 of 2
Date: August 24, 2001
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 MORTGAGE ASSISTANCE PROGRAM (HEM_AP) may be able
to help save your home. This Notice explains hosv the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 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) 780-1869).
This Notice contains important legal information. If you have any question,
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 AD JUNTO 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
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEG1BLE 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.
EXHIBIT C
HOMEOWNER'S NAME(S): George E. Boyanowski, Sr.
PROPERTY ADDRESS: 318 Third Street, West Fairview, PA 17025
LOAN ACCT. NO.: 8429000527
ORIGINAL LENDER: Blazer Consumer Discount Company
CURRENT LENDER/SERVICER: EquiCredit Corporation
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
PAYMENTS
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. 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 THE NEXT THIRTY (30) DAYS. IF 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 agencies listed at the end of this notice, the lender may NOT take any further
action against you for thirty (30) days after the date of this meeting. The names, addresses and
telephone numbers of designated consumer credit counseling agencies for the county in which
the property is located are set forth at the end of thls 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). If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. Todo 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. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR
IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FOR TH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
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 up to date).
NATURE OF THE DEFAULT - The MORTGAGE held by the above lender on your property
located at: 318 Third Street, West Fairview, PA 17025
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
March 14, 2001 thru August 14, 2001 ~ $540.80'
Late charges accrued from Mamh 2001 thru
July 2001 ~ $27.04
$4,015.04
405.60
Total $3,650.40
YOU HAVE FAILED TO TAKE THE FOLLOWiNG ACTION:
ItOW 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;650.40 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments
must be made either by cash, cashier's check, certified check or money order made payable to:
EquiCredit Corporation
MC FL9-015-02-14
10401 Deerwood Park Blvd.
Jacksonville, FL 32256
You can cure any other default by taking the following action within THIRTY (30) DAYS of the
date of this letter:
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 right 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 attorney to start legal action to foreclose upon your mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriffto pay offthe mortgage debt. If the lender 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 our reasonable costs. If
you cure the default within the THIRTY (30) 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.
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
Sheriff's Sale. You ma,/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 Sheriff's Sale as specified in writing by the lender and by
performing 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 Sheriff's Sale of the mortgaged property could be held would be approximately Five (5)
months from the date of,this Notice. A notice of the actual date of the Sheriff's 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: EquiCredit Corporation
Address:
Phone Number:
Fax Number:
MC FL9-015-02-14
10401 Deerwood Park Blvd.
Jacksonville, FL 32256
(800) 759-6380
(904) 457-4081
Contact Person: Jennifer House
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 Sheriff's 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 ~ may not (CHECK ONE) 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 FBDBJ~BA~UPTCY LAW.
By:
I/../,
Attomey for EquiCredit Corporation
NOTICE REQUIRED UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED)
THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT
AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. §201, ET. SEQ. ("THE ACTS")
INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED
AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
HEMAP Counseling Agencies Page 1 of 1
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518
CCCS of Western PA
2000 Linglestown Road'
Harrisburg, PA 17102
(717) 541-1757
Community Action Commission of
Captial Region
1514 Derry Street
Harrisburg, PA 17104
(71.7) 232-9757
Financial Counseling Services of
Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Loveshipt Inc.
2320 North 5th Street
Harrisburg, PA 17110
7172322207
Urban League of Metropolitan Hbg
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
http://www.phfa.org/programs/hemap/lenders/hca-1 Page21 .html 8/24/01
VERIFICATION
Andrea Oyler, hereby states that she is Foreclosure Administrator of U. S. Bank National
Association f/k/a First Bank National Association - Trustee the servicing agent for the plaintiff
in this matter, that she is authorized to take this Verification, and that the statement made in the
foregoing Complaint in Civil Action - Mortgage Foreclosure are true and correct to the best of~
her knowledge, information and belief The ~undersigned understands that this statement is made
to the penalties of 18 Pa .C.S.A. Sec. 4904 relating to .unswom falsification to authorities.
Date:
ANDREA OYLER ~
THOMAS I. PULEO, ESQUIRE
Identification No. 27615
620 Sentry Parkway, Suite 100
Blue Bell, PA 19422
(610) 941-3600
Attorney for Plaintiff
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
U.S. BANK NATIONAL ASSOCIATION,
Trustee under Agreement dated December 1, 1998
(EQCC Home Equity Loan Trust 1998-4)
No. 01-5945 Civil Term
GEORGE E. BOYANOWSKI
PRAECIPE FOR JUDGMENT
Enter judgment in favor of the Plaintiff and against the Defendant(s) for want of an answer and
assess damages as follows:
Principal Debt
Interest from 2/14/01 through 11/26/01
Late charges accrued through 11/26/01
Escrow advances
Attorney fees
Title information certificate
$60,679.33
4,753.32
513.76
3,637.80
3,033.97
325.00
Total $72,943.18
I CERTIFY THAT THE 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 o,f record, if any, after the default
occurred and at least ten days prior to the date of the filing o~'0~praecipe. A cop~'~the notice is
attached. Pa.R.C.P. 237.1
THOMAS I. PULl'O, ESQUIRE
Attorney for Plaintiff
AND NOW./~ ~ i~. {~ ,2001, Judgment is entered in favor of plaintiff and against
defendants and dam~[ge-s assessed as per the above certification.
Prothonotary
THOMAS I. PULEO, ESQUIRE
Identification No. 27615
620 Sentry Parkway, Suite 100
Blue Bell, PA 19422
(610) 941-3600
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
U.S. BANK NATIONAL ASSOCIATION, :
Trustee under Agreement dated December 1, 1998
(EQCC Home Equity Loan Trust 1998-4) :
GEORGE E. BOYANOWSKI
: No. 01-5945 Civil Term
To: Mr. George E. Boyanowski
318 Third Street
West Fairview, PA 17025
Date of Notice: November 7, 2001
NOTICE OF PRAECIPE FOR ENTRY OF
DEFAULT JUDGMENT UNDER Pa.R.C.P.237.1
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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
COURT ADMINISTRATOR
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
T~MAS i. PuLEo
Attorney for Plaintiff
THOMAS I. PULEO, ESQUIRE
Identification No. 27615
620 Sentry Parkway, Suite 100
Blue Bell, PA 19422
(610) 941-3600
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
U.S. BANK NATIONAL ASSOCIATION,
Trustee under Agreement dated December 1, 1998
(EQCC Home Equity Loan Trust 1998-4)
No. 01-5945 Civil Term
GEORGE E. BOYANOWSKI
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
ss:
THOMAS I. PULEO, being duly sworn according to law deposes and says that the defendant(s)
is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the
~rovisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended;
That George E. Boyanowski is over 21 years of age, resides at 318 Third Street, West Fairview,
Pennsylvania, and is employed by/as unknown.
A I~rn~intiff '
T.tHt O~('IAS I. PULE~'Q~
SWORN TO AND SUBSCRIBED
BEF~ ME THIS /~DAY
,2OOl.
NOTARIAL SEAL
Wh~ Twp.~ ~
LAW OFFICES OF PULEO & D'EMILIO, LLC
620 Sentry Parkway, Suite 100
Blue Bell, PA 19422
(610) 941-3600
By: Thomas I. Puleo, Esquire
Identification No. 27615
Attomey for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
U.S. BANK NATIONAL ASSOCIATION,
Trustee under Agreement dated December 1, 1998
(EQCC Home Equity Loan Trust 1998-4),
Plaintiff
GEORGE E. BOYANOWSKI,
Defendant
NO. 01-5945 Civil Term
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above entitled case discontinued upon payment of your ~ts only.
THOMAS I. PI/~EO, ESQUIRE
Attorney for Plaintiff
LAW OFFICES OF PULEO & D'EMILIO, LLC
620 Sentry Parkway, Suite 100
Blue Bell, PA 19422
610) 941-3600
Thomas I. Puleo, Esquire
Identification No. 27615
Attorney for PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
U.S. BANK NATIONAL ASSOCIATION,
Trustee under Agreement dated December 1, 1998
(EQCC Home Equity Loan Trust 1998-4)
111 East Wacker Drive, Suite 3000
Chicago, Illinois 60611,
Plaintiff
GEORGE E. BOYANOWSKI
H 8 Third Street
West Fairview, PA 17025,
Defendants
NO. 01-5945 Civil Term
PRAECIPE TO VACATE JUDGMENT
Plaintiff, U.S. Bank National Association, Trustee under Agreement dated December 1, 1998 (EQCC
Home Equity Loan Trust 1998-4), obtained a judgment in mortgage foreclosure against the above named
in this proceeding on November 26, 2001. Prior thereto and without notice to the plaintiffor the
~rothonotary, the defendant, George E. Boyanowski, filed a Chapter 7 Petition under the United States
Bankruptcy Code with the United States Bankruptcy Court for the Middle District of Pennsylvania,
Bankruptcy No. 1 01-05201, on September 26, 2001, thereby staying the within action and thereby rendering
the judgment obtained by plaintiff void. To effectuate the purposes of Section 362 of the United States
Bankruptcy Code, plaintiffdirects the Prothonotary to vacate the judgment described above without prejudice
to the continuing validity and lien priority of the mortgage and without prejudice to plaintiff continuing these
s after termination of the stay.
THOMAS I. PU~EO
Attorney for Plaintiff