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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 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 D
Chicago, Illinois 60611, NO. ~ - IPlr
Plaintiff
v.
GEORGE E. BOY ANOWSKI
318 Third Street
WestFairview,PA 17025,
Defendants
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CIVIL ACTION - MORTGAGE FORECLOSURE
COMPLAINT
NOTICE
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 this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the ccourt 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 claimed in the
complaint or 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 TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUmberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or
(800) 990-9108
AVISO
Le ban demandado a usted en la corte. Si usted
qui ere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene (20) dias de plazo a
partir de la fecha de la demanda y la notificacion.
Usted debe presentar una apariencia escrita 0 en
persona 0 por abogado y archivar en la corte sus
defensas 0 sus Objeciones alas demandas encontra de
su persona. Sea avisado que si usted no se defiende,
la corte tomara medidas y puede entrar una orden
contra usted sin previa aviso 0 notificacion 0 por
cualqier queja 0 alivio que espedido en la peticion
de demanda. Usted puede perder dinero, sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
NO TIBNE ABOGADQ 0 SI NO TIENE EL DINERO SUFICIENTE
PARA PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUmberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or
(800) 990-9108
LAW OFFICES OF PULEO & D'EMILIO
620 Sentry Parkway, Suite 100
Blue Bell, PA 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
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. OJ. - Jft/>
(2;0:( ~~
v.
GEORGE E. BOY ANOWSKI
318 Third Street
West Fairview, PA 17025,
Defendant
CNIL 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 armum. 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
Interest at 10% per armum from 2/14/01 thru
2/28/02 ($16.62 per diem)
Late charges accrued thru 2/28/02 ($27.04/month)
Escrow advances
Non-sufficient Funds (NSF) fees
Attorney's fee
Title information certificate
$60,679.33
6,298.98
567.84
3,637.80
20.00
3,033.97
325.00
Total
$74,542.92
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9. On August 24, 2001, plaintiff sent to defendant by certified mail and first class mail Notice of
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 $74,542.92 plus interest, late charges,
escrow amounts and costs to the date of judgment and foreclosure of the said mortgage.
L_U
THOMAS v.PULEO
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 the Western line of Third Street 58 feet 1 inch South of Lincoln Street;
thence in a Westerly directionalon& 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
EXHIBIT A
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Loao Number:
NOTE
42900052
November 25.1997
Date
HARRISBURG
City
, Pennsylvania
I. BOF;ROWER'SPROMlSETOPAY
In rccum for al_ that I have ...:eived, I promise to pay U.S. S 61.625.00 (this amolUlt will be callo
'principal"), plu. interest, to the order of the Lender. The Lender i. BLAZER CONSIIMER DISCOIINT COMPANY
I understa;ld that the Lender may transfer this Note. The Lender or anyone who takes this Note by tranSfer and who is entitled to rcceiv.
payments LU1der this Note wiU be called tl1c "Note Holderlt.
2. INTEREST
I will pay intcre.stata ~Iy rate of 10.000 %.
Interest will be charged on that part of principal which hu not been paid. Interest will be charged beginning on
December 1. 1997. and continuing IUltil tho full amount oCprincipal hu been paid.
Subj"ct to applicable law, the Noteholcler shall be entilled to interest at tho ~Iy rate on any mortgage arrearage (amount past due)
including, without limitation. circumstances in which a petition in bankruptcy, wage..camer. or other insolvency proceeding is filed
designating me as debtor.
3. PAY MENTS
Such principal and interest shall be payable in 360 successive monthly instaJlmcnts with the fust such installment in
the amoW1tofS .540 SO due on the 1st dayoC Januarv. 1998 and 3S9
'Ubsequcnt monthly in.lallments ofS 540.g0, .hall be due on the 1st day oC each succeeding
month thereafter. I will make these payment. every month IUltill have paid all of tho principal and interest and any other charge.,
described below, that I may owe IUlder this Nole. IC, on December 1. 2027 I.till owe amolUlls
under Illis Note, I will pay all those amow.ts, in full, on that date. Time i. oC tho essence of this Note.
I wi!. make my monthly payment. at P.O. Box 44132, Jacksonville, Florida 32231 or at a different place if required by the Note
Holder.
4. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Return Check Charge
In the event that a check used to make any payment required by this Note is retumed unpaid by the _ bonk for insullicient funds
or credit, I agree to pay you a S I 0.00 Cee Cor your additional coats incurred in processing such check. This charge will be required
wbeU,er or not tho returned check causes my payment to be late.
(B) Late Charges for Overdue Payments
IC the Note Holder has not received the Cull amount of any of my monthly payments by tho end of
the dale it i. due, I will pay alate charge to the Note Holder. The amowtl of the charge will be 5
but nolle is than U.S. S 27.04 and not more than U.S. S 27.04
OIK:c on (loy late paymenl
(C) Default
If I co not pay the Cull amount or each monthly payment by tho date alated in Section 3 above, I will be in delAulL
EVCIt if, at a time when I am in defaull, the Note Holder does not require me to pay immediately in Cull.. deacribed above, the Note
Ilolder will slill hove the righlto do so in om in lIeraullal a loter time.
(D) Notice From Note Holder
If I Dm in default. Ule Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date
the Note Holder may require me to pay immediately the full amount of principal which has not been P:Did and all the interest that I owe
on that WIlOIUlt. Thot date must be at least 30 days aller tho date on which the notice is mailed to me or, if it i. not mailed, 30 doys aller
UIC dote 011 which it is delivered to mc.
(E) Payment or Notl: Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder win have the right to be paid
back for nIl of its cosls and expenses to the extent not prohibited by applicable law. Those expenses include. for example, reasonable
attorneys' f....
10 calendar daya oller
% of my overdue payment,
I will pay thi. late charge only
5. TI1:S NOTE SECURED BY A MORTGAGE
h. addition to tho protection. given to tho Nole Holder under this Note, a Mortgage, dated November 25 1997 .
protects L". Note Holder fiom passible los..s which might' result if! do not keep the promises which I make in this Note. That Morlgoge
describe, how and IUlder what condition. I mny be required to make inunediate payment in full of all amolUlts that I owe under thi. Note.
6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE
I h. ve the right to make payments oC principal at any time beCore they are due. A payment of principal only is known as a
'prepoyn,ent'. When I make a prepayment, I will tell the Note Holder in a letter that I am doing so. A prepayment of all oC the IUlpaid
principal i. known as a "full prepaymenl'. A prepayment of only part oCtho unpaid principal is known.. a 'partial prepayment'.
I may make a Cull prep.yment or partial prepayment at any lime; ho\VCver, the Lender may charge me a prepayment charge
equivolentto N/A monUlS interest during tho fust three years of the loan at tho rate sel Corth above on tho amolUlt
oCthe principal balance prepaid. The Note Holder will use all oCmy prepayments to reduce tho amolUlt oCprincipalthatl owe IUlder thi.
Note. If I make a partial prepayment, there will be no delays in tho due dates or changes in tho amolUlts oC my monthly payments IUlles.
the Note Holder agr... in writing to those delays or changes. ! may make a full prepayment at any time. If I choose to make a partial
prepayment, the Nole Holder may require me to make the prepayment on the same'day that one of my monthly payments is due. The
Note I IolJcr mny also require Illot the wnount or my partial prepayment be equal to the amolUlt oC principal that would hove been part of
my next nne or more monthly payments.
7. BORROWER'S WAIVERS
1 wnive my rights to require tho Note Holder to do certain things. Those things are: (A) to demand payment of amount. due (known
as 'prcsmlment'); (8) '" give notice that wnolUlts due have not been paid (known .. 'notice of dishonor'); (C) to obtain' an official
certification of nonpayment (known .. 0 'protest'). Anyone else who agrees to keep tho promises made in this Note, or who agrees to
make payments to the Note Holder iC 1 foil to keep my promises IUlder this Note, Or who .ign.this Note to transfer it 10 someone else also
waives -these rights. These persons are known 8S "guarantors, surelies and endorsers. II
.
Form #4 13 Pennsylvania (101%)
All First Mortgages&. Second Mortgages over SSO,~
EXHIBIT B
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8. GIVING OF NOTICIlS
Any notice thaI mUll be given 10 me IIIIder thlJ Note will be given by deliveriq il or by malling il be ccItitied mall addressed 10 me
at the Property Address in the Security Inalrument A notice will be delivered or mailed to me at a different addras if! give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder WIder this Nole will be given by maililll it by certified mail to the Nole Holder at
the address Sbtted 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. IUSPONSmILlTY OF PERSONS UNDER TInS NOTE
If more U,an one penon signs this Nole, each of us is fully and personally obligated to Jl<Iy the full amoWlt owed and to keep all of
the promises made in this Nole. Any IlIW'8ntor, surety, or endorser oft!Us Note (as described in Section 7 above) is also obligated to do
these thillls. The Nole Holder may enforce its rights WIder this Nole against each of us individually or against all of US together. This
means that anyone of us may be required to pay all of the amOWlts owed WIder this Note. Any penon who lakes over my rights or
obligations WIder this Note will have all of my rights and must keep all of my promises made in this Note. Any penon who talces over
the rights or obligations ofa guarantor, surety, or endorser of this Nole (as described in Section 7 above) is also obligated to keep all of
the promises made in this Note.
10. LOAN CHARGES
I understand and believe that this lending transaction complies with Pennsylvania usury, lending, general obligation, and real
property laws of Pennsylvania, WII... preempted by Federal Jaw, hoWll\ler, if any interest or other charges in comection with this lending
transaction are ever delennincd to exceed the maximum amount permitted by Jaw, IIU1dersland and agree that (i) the amount of the
interest or other charges Jl<Iyable by me pursuant to this lending transaction shall be reduced to the maximwn amOWlt permitted by JaW;
and (ii) any excess amount previously collected from me in cOMCCtion with this lending transaction which exceeded the maximwn
amoWlt permitted by law, will be credited against the outstanding principal balance. If the outstanding princiJl<lI balance has already
been repaid, the excess amount Jl<Iid will be relilnded to me. All f.... charges, goods, things in action or any other SUIIlI or things of
value (collectivoly, the 'Additional SWOS') Jl<Iid or Jl<Iyable by me. whether pursuant to this Nole, the Mortgage/Decd 'ofTllISt or any
other document or inslrwnent in any way pertaining to this lc:nding transaction, or otherwise with respect to this lendilll transaction,
which, WIder fr" laws of Pennsylvania, may be deemed to be int.....t with respect to this lending transaction, shall. for the purpose of
any laws of Pennsylvania which may limit the maximwn amoWlt 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 pIUJlOSCS only, the interest rate of this lending transaction
(as defined in this Nole) shall be deemed to be increased by the Additional Swos.
I acknowledge that the princiJl<lI includes closing costs listed on the Loan Closing Slatement and/or the Itemization of AmoWlt
Financed (unless such fees are paid by me in cash or by check at closing) and deem such costs to be reasonable and specifically agree to
Jl<Iy them. I also acknowledge and understand that the loan origination fee, if any, and any other prepaid f1lUUlCe charges are fully earned
at the time the loan is made and are not refundable.
11. CONFORMlTYWmlLAWS
If any provision of this Nole is found to be in violation of any law, rule, or regulation, that provision sha1l be deemed modified to
comply with applicable law. I
!
11. DEFAULT DISCLOSURE
If you do not meet )'OUr contract obliptions, you may lose )'OUr ho....
~.j:~..L- i
G RGE E, BOYANOWSKI, SR.
Borrower
Borrower
(Sillll Original Only)
Fonn '433 (10196)
Page 2 of2
Date: August 24,2001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mort~al!e on vour home is in default. and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pa~es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able
to helD save your home. This Notice explains how the DrOl!ram works.
To see if REMAP 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 Counselin~ A~ency.
The name. address and phone number of Consumer Credit Counselin~ A~encies servin~
your County are listed at the end of this Notice. !fyou have any questions. you may call
the Pennsylvania Rousin~ Finance A~encv toll free at 1-800-342-2397. (Persons with
impaired hearinl! can call (717) 780-1869).
This Notice contains important legal information. !fyou 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 NOTIFICACIONEN 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
INMEDlT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING
FINANCE AG~NCY) 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 SALV AR 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 offoreclosure 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.
APPLICATION FOR MORl'QAGKA.SS1STANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific informatlOn 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
IMMEDlA TEL Y 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:
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. Payments
must be made either by 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:
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
propertv.
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, you will not be reauired 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
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
anv other costs connected with the Sheriffs 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 Sheriffs Sale of the mortgaged property could be held would be approximately Five (5)
months from the date ofthis 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:
EquiCredit Corporation
Address:
MC FL9-015-02-14
I 040 1 Deerwood Park Blvd.
Jacksonville, FL 32256
Fax Number:
(800) 759-6380
(904) 457-4081
Phone Number:
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 l 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.)
Page 1 of 1
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 I. 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.
VERIFICA nON
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 belierThe undersigned understands that this statement is made
to the penalties of 18 Pa .C, S.A.Sec. 4904relatihg to unsworn falsification to authorities.
I\lno~~ ~
ANDREA OYLER
Date: c.; r r: d dc7;;J. ,
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SHERIFF'S RETURN - NOT FOUND
. ,
CASE NO: 2002-01818 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
U S BANK NATIONAL ASSOCIATION
VS
BOYANOWSKI GEORGE E
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
BOYANOWSKI GEORGE E
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, BOYANOWSKI GEORGE E
VACANT - HOUSE CONDEMNED.
DEFENDANT MOVED, LEFT NO FORWARDING.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
11.04
5.00
10.00
.00
44.04
County
PULEO & DEMILIO
04/17/2002
Sworn and subscribed to before me
this
/fE-
day of Or,,}
61..-&-0 J..- A . D .
LbO" ~~/ ~
Prot 0 otary ,
THOMAS 1. PULEO, LLC
620 Sentry Parkway, Suite 100
Blue Bell, PA 19422
(610) 941-3600
By: Thomas 1. 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 I, 1998
(EQCC Home Equity Loan Trust 1998-4),
Plaintiff NO. 02-1818
v.
GEORGE E. BOY ANOWSKI,
Defendant
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above entitled case discontinued upon payment of your costs only.
HOMAS 1. PULEO, ESQUIRE
Attorney for Plaintiff
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