HomeMy WebLinkAbout01-05945
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THOMAS I. PULEO
IDENTIFICATION NO, 27615
1710 WALTON ROAD, SUITE 206
BLUE BELL. PENNSYLVANIA 19422
(610) 941-6050
ATTORNEY FOR
U.S. BANK NATIONAL ASSOCIATION
,
Trustee under Agreement dated December 1, 1998
(EQCC Home Equity Loan Trust 1998-4)
III East Wacker Drive, Suite 3000
Chicago, Illinois 60611
v.
GEORGE E. BOY ANOWSKI
318 Third Street
West Fairview, PA 17025
PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
DIVISION
TERM.
NoOI-S9<<S C"u',l ~~
CIVIL ACTION - MORTGAGE FORECLOSURE
COMPLAINT
"NOTICE
. "You have been sued in Co.urt, If you wish to defend ag,ainst the
claims set forth ln the following pages. you must take action within twenty
(20) days after this complaint and notice are served, by entering a written
appearance pertonally or by attomey and filing In writing with the court
your defenses Or objections to the claims set forth against you, You are
:-vamed that if yC)u fail to do so the case may proceed without you and a
Judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief
~equested by th~ plaintiff. You may lose money or property or other rights
Important to you,
"YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE.
IF YOU 00 NOr HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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"AVISO
-Le han demandado a usled en la corte. $i usled quiere defenderse
de estas demandas expuestas enlas paginas siguienles, usted tiene veinte
(20) dias, de plazo ,al partir de la fecha de la damanda y la notificati6n.
Hace falla asentar una comparencia escrita 0 en persona 0 con un
abogado y entregar a la corte en forma escrita sus defensas 0 sus
objeciones alas 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 0 notificacion. Ademas, la coarte
puede decidlr a favor del demandanle y requiere que usted cumpla con
tod~s las provisiones de esta demanda. Usted puede perder dinero 0 sus
propiedades U otros derechos importantes para usted.
"LLEVE ESTA DEMANDA A UN ABOGADD INMEDIATAMENTE. SI
NQ TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE
PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELt:FONO
A LA OFICINA CUYA DIRECC'ON SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONOE SE PUEDE CONSEGU1R ASISTENCIA
LE(3AL.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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LAW OFFICE OF
THOMAS I. PULEO
620 SENTRY PARt<WAY, SUITE 100
BLUE BELL, PENNSYLVANIA 19422
(610) 941-3600
BY:
IDENTIFICATION NO,
ATTORNEY FOR
PLAINTIFF
CUMBERLAND COUNTY
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
COURT OF COMMON PLEAS
DIVISION
TERM,
v.
GEORGE E. BOY ANOWSKI
318 Third Street
West Fairview, PA 17025
No DI - .s'91.f $
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CIVIL ACTION - MORTGAGE FORECLOSURE
COMPLAINT
1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION, Trustee under Agreement dated
December 1, 1998 (EQCC Home Equity Loan Trust 1997-4), is a corporation with offices at 111 East
Wacker Drive, Suite 3000, Chicago, Illinois.
2. Defendant, GEORGE E. BOY ANOWSKI, is the mortgagor and real owner of premises 318
Third Street, Borough of West Fairview, Cumberland County, Pennsylvania, whose last known address is
as stated above.
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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 rate of 10% per annum. A copy ofthe
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 plaintiff herein,
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
Interest at 10% per annum from 2/14/01 thru
8/31101 ($16.62 per diem)
Late charges accrued thru 8/31101 ($27.04/month)
Escrow advances
Attorney's fee
Title information certificate
$60,679.33
3,307.38
432.64
3,637.80
3,033.97
325.00
Total
$71,416.12
9. On August 24, 2001, plaintiff sent to defendant by certified mail and first class mail Notice of
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Intention to Foreclose Mortgage in accordance with the provisions of Section 403 of Pennsylvania Act
No.6 of 1974, and Notice of Homeowners' Emergency Mortgage Assistance Program, in accordance
with Pennsylvania Act 91 of 1983, a true and correct copy of which is attached hereto, made a part hereof
and marked Exhibit "C". Defendant has not had the required face-to-face meeting with the mortgagee
within the required time and plaintiff has received no notice that defendant has had a face-to-face meeting
with a consumer credit counseling agency, nor has plaintiff received notice that defendant 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 of the said mortgage.
THOMAS I. PU 0
Attorney for Plaintiff
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DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough
of West Fairview in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
BEGINNING at a point on th~ Western line of Third Street 58 feet 1 inch South of Lincoln Street;
thence in a Westerly direction 'along 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
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EXHIBIT A
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Loan Number:'
NOTE
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42900052
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November 25.'1997
Date
HARRISBURG
City
, Pennsylvania
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1. BORROWER'SPROMlSETOPAY
In retum for a Jo~ that I have receivCd, J promise to pay U.S. $~ 61.625.00 (this amount will be cane.
"principal"), plus interest, to the order of the Lender. The Lender is BLAZER CONSTJMF.R DISCOUNT COMPANY
I understand that the Lender may transfer this Note. The Lender or onyone who takes this Note by transfer and who is entitled to recei....
payments under this Note will be called the "Note Holder".
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2. INTEREST
Iwil1payinterestata~arlyrateof 10.000 %.
Iitterest will be charged on that part of principal which bas not been paid. Interest will be charged beginning on
December 1. 1997, I and continuing until the full amount of principal has been paid.
Subject to,ilpplicoble law, the Noteholder shall be entitled to interest af'the yearly rate on any'mortgage arrearage (amount past due)
including, without limitatidn. circwnstances in which a petition in bankruptcy, wage-eamer, or other insolvency proceeding is filed
designating me as debtor. I ' '
3. PAYMENTS i
Such principal and intb-est shall be payable in ~60 successive monthly installments with the fll'St such installment in
the amount of-$ ~ ~4n.80 due on the lilt day of .TannaTV.1998 and :I~I)
subsequent monthly installments of.$ 540.80 ' sholl be due on the tst day of each succ:eeding
month thereafter. I will m8ke these payments evety month until I have paid aU of the principal and in~st and any other chBrgcs,
described below, that I may10we under this Note. If,on December 1. 2027 I stitl owe amounts
under Ulis Note, I will pay all those amounts. in full, on that date. Time is of the essence of this Note.
I will make my monthly payments at P.O. Box 44132, Jacksonvi11e, Florida 32231 or at a different place if required by the Note
Holder. I '
4. BORROWER'S FAri.URE TO PAY AS REQUIRED
(A) Retum Check Charge ,
In the event that a cheCk used to make any payment required by this Note is returned unpaid by the payor bank for insufficient funds
or credit, I agree to pay yOu a $10.00 fee for your additional costs incuned in processing such check. This charge will be required
wheUler or not the retumed'check,causes my payment to be late.
(B) ,Late Charges for Overdue Payments
If the Note Holder has'nol received the full amount of any or my monthly payments by the end of 10 calendar days efter
the date it is due, I will payla late charge to the Note Holder. The amount of the charge will be ~ % of my overdue payment,
bulnol less than U.8. $ i 17.04 and not more UumU.8.$ 17..04 . I will pay this late charge only
once on any late payment I .
(e) Derault , , .
If I do not pay the fult 'amount of each monthly payment by the date stated in Section 3 above, I will be in default.
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above. the Note
Holtler will slill havc thc right 10 do so if! am in default at a later time.
(0) Nollce From Note Holder
In am in default, Ule Note Holder may se~d mea written notice telling me that if I do not pay the overdue amount by a certain date
Ule Note Holder may require me to pay immediately the fullllI1lount of principal which has not been paid and all the interest that I owe
on that amount. 11mt date must be at least 30 days aner'the date on which the notice is mailed to me or, if it is not mailed, 30 days after
the date on which it is delivered to me. .
(E) Payment of Note Holder's COlts a,nd E:lpenleJ '.
If the Note Holder hu required me to pay immediately in full as described above, the Note Holder will have the right to be paId
back for all of its costs and expenses t'o the extent not prohibited by applicable law. Those expenses include, for example, reasonable
attorneys' fees.
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S. TIllS Non SECURED BY A MORTGAGE
In addition to the protections given to the Note Holder under this Note, a Mortgage, dated Novemher 25 14)97 .
protects the Note Holder from possible losses which might result if! do not keep the promises which I make in this Note. That Mortgage
describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note.
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6. BORROWER'SPAYMENTSBEFORETHEY ARE DUE
I, have the right to tnake payments of principal at any time before they are dUe. A payment of principal only is known as a
~preptlyment". When I make'a prepayment, I wilt tell the Note Holder in a letter that I am doing so. A prepayment of all oCthe unpaid
principal is known as a Mfull prepayment~. A prepayment of only part of the unpaid principal is known as a "partial prepayment".
I may make 8 full prepayment or partial prepayment at any timC', however, the Lender may charge me a prepayment charge
equivalent to N/A months interest during the rast three years of the loon at the rate set forth above on the amount
oCtheprineipal balance prepaid. The Note Holderwil1 use aU of my prepayments to reduce the amount ofprlneipal that I owe under this
Note. IfI make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless
the Note Holder agrees in ~ting to those delays or changes. ~ may make a fuIl prepayment at any time. If I choose to make a partial
prepayment, the Note Holder may require mc to make the prepayment on the same'day that one of my monthly payments is due. The
Notc I loldcr may also requ~c Umt the amount of my partial prepayment be equal to the amount of principal that would have been part of
my next one or more monOOy payments.
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7. BORROWER'S W AlVERS
1 waive my rights to require the Note Holder to do,eertain things. Thbse things are: (A) to demand payment of amounts due (known
as "presentment"); (D) to give lIOtice Umt amounts due have not been paid (known as Mnotice of dishonorM); (C) to obtain'DIl official
certification of nonpayment (known as a nprotest"). Anyone else who agrees to keep the promises made in this Note. or who agrees to
make payments 10 the Note Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else also
waives these rights. Thesd persons are known as "guamntors, sureties and endorsers. M
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Form 11433 Pennsylvania ('
All First Mart.pges &. See
EXHIBIT B
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8. GlVlNG OF NOTICES ,
Any notice that must be given to me under this Note will be given by delivering it or by msiling it be certified msil addressed to me
at the Property Address in the secUrity Instrument. A notice will be deliveted Qr mailed to me at a different address if [ give the Note
Holder_a notice of my different address. '
Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified mail to the Note Holder at
the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address if I am given a notice of that
different address.
9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE :
Ifmore than ooe penon signs this Note, each of us is fully and penonuIly obligated to pay the full amount owed and to keep.1l of
the promises made in this Note. Any guarantor. uety, or endorser oflJtis Note (as described in Section 7 above) is also obligated to do
these things. The Note Holder may enforce its rights tmder this Note against each oeus individually or against all orus together. This
means that anyone of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or
obligations under this Notc will have 'all ef.my rights and must keep aU of my promises made in this Note. Any person who takes over
the rights or obligations of a guarantor, surety. or endorser oflhis Note (as described in Section 7 above) is also obligated to keep all of
the promises inade in this Note. I
10. LOAN CBARGltS
I understmld and believe that this lending tmnsacUon complies with Pennsylvania usW)', lending, general obligation, and real
property laws of Pennsylvania. unless preempted by Federal1aw, however, if any interest or other charges in connection with Ibis lending
transaction are ever detennined to exceed the maximwn amount pennitted by law. I understand and agree that: (i) the 1U110unt of the
interest or other charges payable by me pumumt to this lending transaction shall be reduced to the maximum amount permitted by law;
and (ii) any excess amount previously collected from me in connection with this lending transaction which exceeded the maximum
amount pennitted by law, will be credited against the outstanding, principal balance. If the outstanding,pritlcipal balance has already
been repaid, the eXcess amount paid wilt be refunded to me. All fees, charge" goods, things in action or any other sums or things of
voloe (coUcetively, the 'Addilim1al Sums') paid or payable by me, whether pllISuonl \0 this N<>\C. the MortgeseJDeed,ofirust or ony
other document or instrument in any way pertaining to this lending transaction. or otherwise with respect to this lending transaction,
which. under the laws of Pennsylvania. may be deemed to be interest with respect to this lendins tr8nsIlctian" shaU, for the purpcse of
any laws of Pennsylvania which may limit the maximwn amount of interest to be charged with respect to this lending transaction, be
payable by me as, and shall be deemed to be, additional interest. and for such purposes only. the interest rate of this. lending 1mnsaction
(os defined in this Note) shall be deemed \0 be increosed by the Additionsl Sums.
I acknowJedge that the principal includes closing costs listed on the Loan Closing Statement and/or the Itemization of Amount
Financed (unless such fees are paid by me in cash or by checlc: at closing) and deem such costs to be reasonable and specifically agree to
pay them. I also acknowledge and understand that the loan origination fee, if any. and any other prepaid fmance charges are fully earned
at the time the loan is made and are not refundable.
11. CONFOllMlTYWInILAWS
If any provision of this Note is found to be in violation of any law, rule, or regulation, .that provision ~I be deemed modified to
comply with applicable law.
12. DltFAULTDISCLOSllRlt
If you do not ~ your contract obligations, you may lose your house.
Fonn N433 (10/96)
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B G RGE E. BOYANOWSKI. S1I.
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Borrower
Bonewer
(Sign Original Only)
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Date: August 24,2001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortg:ae:e 011 your home is in default. and the lender
intends to foreclose. Suecific information about the nature oHhe default is provided in the
attached uae:es.
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The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able
to help save your home. This Notice eXDlains how the prol:ram works.
To see if HEMAP can helu. yOU must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE. Take
this Notice with you when yOU meet with the Counseline: Ag:ency.
The name. address and phone number of Consumer Credit Counseline: Ae:encies servinl1
your County are listed at the end oHhis Notice. If you have any questions. YOU may call
the Pennsylvania Housine: Finance Ag:encv toll free at 1-800-342-2397. (Persons with
imnaired 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 NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDODE ESTA NOTlFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIl>OTECA.
EXHIBIT C
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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 offorec1osure 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 this Notice. It is only necessary to schedule one
face-to-face meeting. Advise your lender immediately of your intentions.
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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. 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. 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 March 2001 thru
July 2001 @ $27.04
$4,015.04
405.60
Total
$3,650.40
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION:
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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;650.40 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments
must be made either bv cash. cashier's check. certified check or monev 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:
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IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS ofthe date ofthis 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 vour mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to payoff the 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. vou will not be reauired to pav
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 anv time up to one hour before the
Sheriffs Sale, You may do so by paving the total amount then past due. plus anv late or other
charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs Sale as specified in writing bv the lender and by
performing anv 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.
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EARLIEST POSSIBLE SHERIFF'SSALE DATE - It is estimated that the earliest date that
such a Sheriffs Sale of the mortgaged property could be held would be approximately Five (5)
months from the date oHhis Notice. A notice ofthe actual date of the Sheriffs Sale will be
sent to you before the sal~. 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: MC FL9-015-02-14
1040 I Deerwood Park Blvd.
Jacksonville, FL 32256
Phone Number: (800) 759-6380
Fax Number: (904) 457-4081
Contact Person: Jennifer House
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 _ mayor .JL 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 DEF AUL T MORE THAN THREE
TIMES IN ANY CALENDAR YEAR.)
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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 FEDE
By: /
1-liomas 1. Puleo
Attorney 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.
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35VJ\P Counse1.ing Agencies
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Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518
CCCS of WesternPA .
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
Loveship, 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.orglprogramslhemapllenderslhca-=IPage21.html
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8/24/01
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VERIFICATION
Andrea Oyler, hereby states that she is Foreclosure Administrator ofU. 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 unsworn falsification to authorities.
Date: II) 19101
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A~DREA OYLER
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-05945 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US BANK NATIONAL ASSOCIATION
VS
BOYANOWSKI GEORGE E
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsy1vania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BOYANOWSKI GEORGE E
the
, at 1734:00 HOURS, on the 17th day of October ,2001
DEFENDANT
at 318 THIRD ST
WEST FAIRVIEW, PA 17025
by handing to
GEORGE E BOYANOWSKI
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
10.40
.00
10.00
.00
38.40
Sworn and Subscribed to before
me this 3/,A..i-
day of
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othonotary
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So Answers:
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R. Thomas Kline
10/18/2001
THOMAS PULEO
By: \'J~ g lLJf
Deputy Sheriff
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..' '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
v.
GEORGE E. BOY ANOWSKl
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 FORSPECIFIED
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 0 record, if any, after the default
occurred and at least ten days prior to the date of the filing 0 'praecipe. A coPY 0 e notice is
attached. Pa.R.C.P.237.l .'
AND NOW ,fi).Y) ;;l b , 200 I, Judgment is entered in favor of plaintiff and against
defendants and damages assessed as per the above certification.
(L-h;) K ~'7'
Prothonotary :::J:n(
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!i. THOMAS 1. PULEO, ESQUIRE
'1'1" Ide;tification 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
v.
GEORGEE.BOYANOWS~
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 JUDGMENTUNDERPa.R.C.P.237.l
IMPORTANT NOTICE
YOU ARE IN DEF AUL T 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 mDGMENT MAY BE ENTERED .
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER
IMPORT ANT 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
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T MAS 1. PULEO f~J
Attorney for Plaintiff
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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
v.
GEORGE E. BOY ANOWSKI
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYL V ANlA
SS.
COUNTY OF MONTGOMERY
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
provisions ofthe 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.
SWORN TO AND SUBSCRIBED
BEFO}W ME THIS ;9 DAY
OF )I()~ ,2001.
ffiC~
NOTARIAL SEAL . ,
ill'l'ANY W.' KING, Motary ~'~
Whitpaln iwp" Mon~ t22"2005
My CommlSlliOn expires" s ,
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I LAW OFFICES OF PULEO & D'EMILIO, LLC
620 Sentry Parkway, Suite 100
Blue Bell, P A 19422
(610) 941-3600
By: 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), :
v.
GEORGE E. BOY ANOWSKI,
Defendant
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above entitled case discontinued upon payment of y~~s..Qsts only.
THOMAS I. P EO, ESQUIRE
Attorney for P aintiff .
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. LAW OFFICES OF PULEO & D'EMILIO, LLC
620 Sentry Parkway, Suite 100
Blue Bell, PA 19422
(610) 941-3600
, By: Thomas L Puleo, Esquire
Identification No, 27615 Attorney for PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL 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 NO. 01-5945 Civil Term
v.
GEORGE E. BOY ANOWSKI
318 Third Street
West Fairview, P A 17025,
Defendants
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
! defendant in this proceeding on November 26, 2001. Prior thereto and without notice to the plaintiff or the
Prothonotary, 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,
I
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, plaintiff directs 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
proceedings after termination ofthe stay.
L
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THOMAS I. PufEO
Attorney for Plaintiff
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