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HomeMy WebLinkAbout01-0232 FX .. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 44 SECOND STREET PIKE SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN 1998-3 UNDER THE POOLING AND SERViCING AGREEMENT DATED AS OF JUNE 1, 1998 5901 E. FOWLER AVENUE TAMPA, FL 33617-2362 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. (It - ;)3,2 tJdJ VS. COMPLAINT IN MORTGAGE FORECLOSURE EDWARD M. VOGHT CAROL B. VOGHT 340 BOSLER AVENUE LEMOYNE, PA 17043 DEFENDANT(S) COMPLAINT - CIVIL ACTION 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 court your defense 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 NOTICE 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 "ll'll\'I!I ,~,."! T LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JAVARDIAN ID# 55669 44 SECOND STREET PIKE SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN 1998-3 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 5901 E. FOWLER AVENUE TAMPA, FL 33617-2362 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. t'o- ;(3..2- ~ T'-"--<- COMPLAINT IN MORTGAGE FORECLOSURE VS. EDWARD M. VOGHT CAROL B. VOGHT 340 BOSLER AVENUE LEMOYNE, PA 17043 DEFENDANT(S) CIVIL ACTION MORTGAGE FORECLOSURE 1. The Chase Manhattan Bank, as Trustee of IMC Home Equity Loan 1998-3 Under the Pooling and Servicing Agreement dated as of June 1, 1998, (hereinafter referred to as "plaintiff') is an institution, conducting business under the laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Edward M. Voght and Carol B. Voght, mortgagor(s) (hereinafter referred to as "defendant") and itself as Mortgagee by Assignment. Said mortgage was dated January 30, 1998 and was recorded in the office of the Recorder of Deeds and Mortgages in Cumberland county in Mortgage Book 1431, Page 604. A copy of the mortgage is attached and made a part hereof as exhibit 'A'. -~ 11 ,'~. _ .,_c__ ," 2. The Mortgage is secured by Defendant(s) Note dated January 30, 1998 in the amount of $69,600.00 payable to Plaintiff in monthly installments with an interest rate of 14.7%. 3, The land subject to the mortgage is: 340 Bosler Avenue, Lemoyne, P A 17043. 4. The defendant(s), Edward M. Voght and CarolB. Voght is/are the real owner(s) of the land subject to the mortgage and the Defendants' address is : 340 Bosler Avenue, Lemoyne, PA 17043. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due: Principal Balance Interest to 1111612000 Accumulated Late Charges NSFIBPOlInspections Attorney Fees/Costs Suspense Balance TOTAL $69,301.32 6,193.77 1,115.80 347.15 3,700.00 (30.78) $80,627.26 plus interest from 11117/2000 at $27 .91 per day, costs of suit and attorney fees. 6, In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and the Notice of Homeowners' Emergency Mortgage Assistance was sent to defendants November 20,2000. The Defendant(s) have not cured the default. '~,--, , < .- , -"', 1'- " ~",- -1-,' -,., ., , WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant(s), in the sum of $80,627.26 together with the interest from 11/17/2000 at $27.91 per day, costs of suit and attorney fees. Law offices of Gregory J avardian J BY: AVARDIAN 0.55669 -,~ '-':" ., . 1. . I -~ '.!" ',' ,....... None \~oSg~s . .. LOAN NO.6 0 e 0 10 6 0 9 . Jlnu,r.1 30. 1998 HARRISBURG'. PA """ 17110 . .~l. ~/)'i 1704~~1>1 \~ , , 340 BOSLER AVE.LEMOINE.PA .....- 1. BOIUtOWER'S PIlOMJSE TO PAY lDretumfoi-slM.ndw rhavorocolved.l~topayU.S.$ 69. &00.00 'priociv81"). plus iDte<os'. to1lloO<4cr.rlhc lmxler.1b>1.codetlJ AlTERNAllVE LENDING MORTGAGE CORP. I pad"""""!bat 1be Leodot may...."" lbb Not!:. The Lender.. 0Il)'0" who Weco llll. N.", by lnDSfe< wi whO is entitled to ttteive paYrDlmll UDdel: this Note is ealltd the. -Note Holder.- (thl.aIllOUOtlJoalled ; , 1 \1 ~ , 'f J 1 1 3. INl'EREST w....., Will b. oharged OIl lIIlpoid principal untll1betu1llllllQlll\'ofprillclpRlbas beenpai<!. Twill p.yfnr..... at. yoarty.....r 14.70001'0. tilt 1ntomt mle r:e<i.u1wI by lbb Soctio. 2 is tho ,"" I wJ1l P"l' both before ODd _ 00;' Jefault d.scrlbed inS""",, 5(8) .f1hlsN.... '.PA~ W TIme aDd l'Io...r l'oym_ , T,.;J! pay prioclpal ",d _. by DlllklDg v_ """"y ....th. I ..W make wy "'.Dlhly pay...... on tbc 4 t h day.f eod1....th ~ OIl M. r c h 4. 19 9 B . Twill make _ paymentS eWIY lllOolh UIllilI ha"" paid all DrtbcprlncipalaDd ""eroSE and >ft!J.lhet ehlqlO$ dascribed bolDw thiU JDJIY owcuDdetthia Note. My moD.tblypaymt:ll[Swill boappUcdtolntcrcstbdorcprlncfpaJ. rt, Oil Fe b t'u 8 r.1 4, 2013 . lstill owe l.UDOlUlts unOq'this Note:. tWillpay tboseamounalntuIl OD that~e. whlcb.fsalledthe .maturitydate." j,.;J!InWoolllYlDD,thlypoym..".. 305 STH STREET. '^ y C I TV, "[ 4E 7 0 8 .r at. diffiorOIlt place if r:e<i.u1wI by lb. N.t. !lolder. (lI) Amount of MontbJ)' l'aymcnts 179 PlYfllsnts monthly of s: 863.38 be\l1nn1ngHarch 4. 19~a My 1l1011l:hJypaymtmtwill be lDlhcamountofU.S.S1 payment of S 63.467.53 dUf on February 4,2013 4. BoAAOWER'S RIGBT TO PREPAY Illavc mil dghllO maJc:e paymentS otprlncipal ttt any time before they arc due;. A paymeDt' of priaclpal only is knOWD us a .pfePay.ment." When I m.:ako a prepaymcm. I will tcU the Note Holder ill WIiting that I am doing so. l!J make a prepaY:menI witbin the fusttwe1vc (12) IDClnths after the dare o!tlili Note, lwUl be required. to pay a prt.'pilyp:lCDt peaally equallD F 1 V e per c e n t (S. 0 t lot tho amaunr. I prepay. r willllO{ be tequ1rcd to pay any 'prl:p~ pel3ally nftcrtwclvo molUhs after the date of this Note. 1bt: Note Holder wID use all ot my prev.wmems to reduce the:u:QOtmt ofprinclpa1 that (oweunderthis Note. leI make a partial prepayment. rhea: W1.11 be: Do c;haoges in the clue dn.te or In the amount of my tIlOnIbly paymeD( unless the Note Holder:agrees iu WJiriD.s: to those chaJ1ges. S. LOAN CHARGES U a law. whIch applies (Q this loan and whieb. sets ~lUtlloaD charges, Is finally intetp~ted so that t1u: mtereslor o~ loan c:haigcs c:011ccted or to be co1lcc:tcd in con;n~non with this' loan exceed the ~d Umits" then: (i) any liUt:h I... charge $!WI be Rduc:ed by tbc llOlOWIt n_ '" tedw:e lb_ ohargc to thop<mu.U.d limit; and ell) >ft!J SUIDS already coUecced frol11me wDich ~ pcrmlttcd.limit:> will be. ref\mdea to me. The Kate Holder may choose to make this rctUQd by rcdueing me prindpal I owe U(lldef this Note: or by rrm1dDg a direct payDlC:l:lt!Q me. If a refund rcducc:3 princip>!. rho_oo will be ltllalcd as .patdal ptep'YJn"I't. 5. BOItROWEll.'S FAILURE TO PAY AS REQUIRED (.4.) J..qtc Charge rGr (koC('due "h1mtnt9 If tile N... Holder bas __<4 <he lOll _.f any lllODthly p'lYJnOllI by tile.... of 1 S calendar c!nl'- aIler the datt it iI ave, J wUl pay a late charge to the Note .Ho1dr:t. The amount of the dulqo will be S. 0 0 0 ~ of my overdue pllfllll'll' .fpdnclpoJ aDd imcrosr. I will pay 1hl.1OIIl c:horge p<Omplly bot only .... on eod1late p'ym<nt. (II) Dofault 1ft do ttOt pay the 1\ill amount of C2tb moatbly paymtr1I: on the dato tr is due, 1 '\11111 be iD dcAmIt. (0 .Notice: of Dtlault If [_In c1efaul1. rbo N_ Holdarlllay _In.' wrItt<ormtic:o to11ing me thu if I do not P"Y tbo.vorduo llOlODllt by OL a:rta1A dare. d1c Note Holder may reqUUe ru to pq II'I'I_dOll,...ly Che full amount DC prmo1pal whicb has DOt beeD. paid and all ~ interest that: I owe OD that amount. That date D'IUSt be at least: 30 days after the dUo on wbJc:h the AOtice is d.eliVo~ 0: mallcd to me. (D) N. Wal...- By Note Hold... BvcD if. at a tim= wbenlamm detault. the Note Holder does nottcqQlrc me to P83' Iml"l'l""b.r~1y ia fu118$ descn'bed ab..o;tb. N.... ""_will Uill...... tho tJsbt to do.. if[ om. in dtfm>1t.. al_lbno. lSl Payment of Note _. CosII aDd Expenses If lbc NOle Holder bas teClUiRd me to pay ImmcdialeIy In tu1I.. deScribed .bove, the Nole Holder will have the right to be pllld bacl: ~ me (or all./m COSlS aod _oslnenfotcing thls No", to tile extcnlllD' ptoldbltod by oppUcoblolaw. 1'hose c:xpcn$CS mc1ltc1e. for cump1.c. nasooable attome)'s' fees. 7. GIVlNG OF NOTICES UIl1... applicable law tcqoiros . cll1'ft<co! mo/hod, anyllOt!c. lbat1llllSt be BiVCl1 to toe undor lhis r-r... wl1I be 8;lvoc. by dclNeriog It'r by...uing II by 11m c\ass lIl.a 10 me OJ: tbc i'tcpert;y Addms .bove.r at. d1ffttmt adcIross ifl g...lbe No.. R.1d.r . nonce of IIl,Y di!CosonI oddr.... ^"-y Dotlce lbat must be si.vCl1 to tbc N.", llolo.r undot tbls Kele will be giYm by lOalllng 11 by 11m c\ass mall to lb. Note H"lder at Ihe~.ss SEated. La. Section 3(A) above or at il di~t address 1fI am gtvca.. notic:c otthat 4iffcrenr: odd...., MVLTISl'o\TlPlXEDRAlEND"m - SlNGt.EPAMlLY nus IS NOT ASBC.'TION32FOR.M lFC:Nol'XbMafl.llI' PAOBI0FZ C:OI):IU'l<D~UJ.'lI6.", """P"'fJEll'SI!/lIlI ", ,"", . I" - " _~ ,-...l f .. 5 .... .' ..'i i ".) '-' -~"1'''n , . LO.O. uuuu IO~O' 8. 0I1I.1GA1'IONS OF PI\RSONS \lNDER TIllS Nl7rE If more thOD one person signs this NOle. eacI1 pe:snn Is liJlly and peraonally obligated lD keep all of the promises made In this Note. Inc:ll!lli!tg the promiselD pay the liJlllllllO\llll owed. Any penon who is a goaranlDr. surety or endorser of Ihis Note is also obligated to do these dtlngs~ Any person who takes over these obligations. including the obligations of a guanntor. surety or end~ oflhia Note. is also obligated to keep all of the promises made in this Note. The Note Holder may enfor<< its rights under this Note against each person individually or 18811181: all of us logether. This means thac any one of us muy be required to pay all or lhu amuunlS OWl.'d under lids Now. 9. WAIVERS I and, any other person, who has obligations under this Note waive the rights of presentment and Bailee of dishonor. .Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note ;s a unifonn instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under lids Note, a Mortgage. ~ of Trosl or Security Deed (the ~Security Instrument'"). dafed the same dale as lhis Note. protects the Note Holder from possible losses which might resull'if I do not k.eep the promises which J make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make inunediate payment in full of all amounts I owe under this Note. Some of those conditions are described as foUows: Transfer of the Property or a Benelidal Interest In Borrower. If all or any part of the Property or any interest in it Is sold or transfctred (or if a beneficial interest in Bonower is sold or transferred and Borrower is not a natural person) Wlthout Lender's prior written consent, Lender may, at its option. require immediate payment in full of all sums secured by this'Security Instnunent. However, this oplioll shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered ()r mailed wilhin which Borrower must pay aU sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice: or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S} OF THE UNDERSIGNED, (Seal) Bonower ~ -qn 6ll !0l EOWARf) M. VOGHT j (Seal) """".., (S~.l]) Borrower loRd i!J 7k), i CAROL B, VOGHT -IJ - (Sea\) Borrower (Sign Original Only) Without Recourse, Pay to the Order of: Ibis 30th day of January .1998 ALTERN Debra L. Ass t. Vie e MULTISTATRRXEDRATENOTE . SIKGlEFAMlLY . I'NMAIFBLMC1JNIlI'ORMINSTR'UMENT. lSCICFNulIQ(\90J3200{12-83}.L MOB 2 Of 2 FORM 3100 l2I83 ""'1'"- '-1 r~' .;. k , to". ., ~.,;. ~I:: .,: , I .""....,I,~_"'t,. ttALLOON RIDER TO NOTE · [DWARD K, VOGHT BORROWERNAME(.~' CARnl R 1I0f>HT NOTE DATE: 01130198 For a valuable consideration, receipt ofwhic.b is hereby acknowledged, both Borrower and Lender agree that tbi. BALLOON RIDER TO NOTE ("Rider") amend. Ibat certain Promissory Note ("Note") of date .bowo above, to which this Rider is attached. Bo.rrower and lender agree that this Note shall be subject to. the following provisions. notwithstanding any provisions to the contrary contained in said Note of the Mortgage given by Borrower to secure repayment of the Note. BAllOON PAYMENT This loan is payable in full at the end of fifteen (IS) years. Borrowers must repay the entire principal balance of the_loan and the unpaid intere5t then due, THE LENDER IS UNDER NO OBLIGATION TO REFINANCE TIlE WAN AT THAT TIME, Bonower will Iberefore be required to make payment out of olber assets borrower may own. ar borrower will have to find a lender. which may be the lender borrowers has this 'loan with. willing to lend borrower the money at prevailing market rates, which may be considerbaiy higher o.r lower than the interest rate on this loan. If borrowers refmances this loan at maturity. borrower may bave to pay some or all closing costs nonnaUy associated with a new loan. even if borrower obtains refinancing from the same lender. NOTICE OF MATURITY At least ninety (90) but not more than one hundred twenty (120) days prior to the Maturity date. Lender must send Borrower a notice which states the maturity date and the amount of the large balloon payment which will be due on the maturity dale (assuming all scheduled regular monthly payments due between the date of the notice and the Maturity date are made on time). Horm~D o/l vzA HOrr64lt ?!. 0 L ': V? 11Jli " , ~ I ~, . " . . Parcel Number: Certified True and Correc' Copy of the Originaw [Space Above'lbls LlDe For Recon1lng nala) AP# 01-VOGHT 0198 LN# 808010509 MORTGAGE TIllS MORTGAGB ("Security Instrument") i. given on January 30. 1998 EDWARD M. VOGHT and CAROL B. VOGHT. Husband and wife . The mortgagor is ("Borrower"). This Security Instrument is given to ALTERNATIVE LENDING MORTGAGE CORP. which is organized and existing under the laws of THE STATE OF FLORIDA , and whose address is 2229 PAXTON CHURCH ROAD. HARRISBURG. PA 17110 ("Lender"). Borrower owes Lender the principal sum of Sixty Nine Thousand Six Hundred and no/100 Dollars (U.S. $ 69.600.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Insmnnent ("Note"). which provides for monthly payments, with the full debt, ifllOt paid earlier. due and payable on February 4. 2013 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note. with interest, and all renewals. extensions and modifications of the Note; (b) the payment of all other smus, with interest. advanced under paragraph 7 10 protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Insmnnent and the Note. For this purpose, Borrower does hereby mongage, grant and convey to Lender the following described property located in CUMBERLAND County. Pennsylvania: . THE lAND REFERRED TO IS LOCATED IN THE COUNTY OF CUMBERlAND, COMMONWEALTH OF PENNSYLVANIA AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED LEGAL: COMMONLY KNOWN AS: 340 BOSLER AVENUE TAX 10# 12-21-0265-282 which has the address of 340 BOSLER AVE. LEMOYNE Pennsylvania 17043 [Zip Code) ("Property Address"); PENNSYLVAMA-Slnglo Fomlly-FNMAlFHLMC .- UNIFORM INSTRUMENT Form 3039 9/90 ~ -llRCPAI C04'I>>.Q3 Amond~1J Pig.' cf G MW 10194.($ Initials: VMP MORTGAGE FORMS ..1800)621.7291 t!I>J/ (Street. CIty), I ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII <'.' ~"''T~1I'1f ^ - ~I : .,~ . . e: . . ..f~ , All that certaIn 101 or piece of land sltuata with Improvements thereon erected, in the Borough of Lemoyna, Cumberland county, Pennsylvania, being known as 340 Bosler Avenue, mora particularly bounded and described' In accordance with map of property made by Gerrll J. Be~ Associates, 11'1<;.. Engineers and Surveyors, Shlremanstown. PA datael January 4, 1978. OWg. No, 78113, .... follows, to wit: BegInnIng al s hub set an the southeast slele of Bosler Avenua (an 80 feat wiele right of way). a carner of lande of Lynn Leon Evinger, which beginnIng hub Is measured along same nlnely (90') feat from the Intarsecllon,of the southeast hub and measured along the southeast comer of 41h Street and Basler AvenUe; thence e~tendlng from said beginning hub and measured along the southeast sid" of Bosler Avenue. North 52 degrees 00 minutes East 30.0 feet to e hub, e comar of lands of Harvey F. Hartman; thence extending along said lands South 38 degrees 00 minutes East 150.0 feet to a hub set on the northwest side of Apple Alley (15 feet wide rigt\l of way): thence extending elong same South 52 degrees 00 mInutes West 30.0 feet to a hub. a corner of lands of Lynn Lean EvInger. aforesaid; thence extending along saId lends North 3B degrees 00 mlnuLes West 150.0 feet 10 a hub, tho first mentioned hub, and lhe place at beginning. COMMONLY KNOWN AS: 340 BOSLER AVENUE TAX IOU 12.21-0265-2B2 I I I ::e: i I ~, ~N- ,,:.,.. ~\' -"';",, ~ , . ~ , 1'[ ." r il'""-'-"""F"!'" . . . TOGBTIIBR WITH all the imp!ovements now or hereafter erected 011 the properiJl!"'and all easements. appurtenances. and fixtures now or hereafter a part of the property. All replacements and additions sha1I also be coven:d by this Security IDslrllmelll. All of the foregoing is referred to in this Security IDslrUmel1t as the 'Property.' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and bas the right to mortgage, grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and wlll defend generai1y the title to the Property against all claims and demands, subject to any encumhnmces of record. THIS SBctJR111!' INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations .by jurisdiction to CODStitute a uniform security instrument coveriDg real property. UNIFORM COVENANTS. Bomlwer and Lender covenant and agree as follows: 1. Payment of l'rindpal and Interest; Prepayment and Late Charges. Borrower shaI1 promptly pay when due the principal of and interes( on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insuranee. Subject to applicable law or to a written waiver by Lender. Borrower sball pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full. a sum ('Funds') for: (a) yearly taxes and assessments which may attain priority over this Security Instruinent as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insuranee premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums. if any; and (0 any swns payable by Borrower to Lender. in accordance with the provisions of paragraph B, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items.' Lender may, at any time, <:oIlect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended fronl time to time. 12 U.S.C. Section 2601 el $tf/. ('RESPA'). unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any lime. collect and bold Funds in an amount not to exceed the lesser amount. Lender may estimate t/1e amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow ItemS or otherwise in accordanee with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency. instrumentality. or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds. annually analyzing the escrow account, or verifying the Escrow Items. unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-lime charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest 10 be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lenderl)lay agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower. without charge. an annnal accounting of the Funds. showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additioual security for all sums secured by this Security Instrunlenl. If the Funds held by Lender exceed the amounts permitted to be held by applicable law. Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient t9 pay the Escrow Items when due, Lender may so notify Borrower in writing, and. in such case Borrower shall pay to Lender ti!e amount necessary 10 make up the deficiency, Borrower shall make up the deficiency in no more than twelve monthly payments. at Lender's sole discretion. Upon payment ill full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lende~. If. under paragraph 21, Lender shall acquire or sell the Property. Lender, prior to the acquisition or sale of the Property. shall ).pply any Funds held by Lender at the lime of acquisition or sale as a credit against the sums secured by this Security Instrnmenr. 3. Application 9~ Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, 10 amounts payable under paragrapb 2; third, 16 interest dne; fo?urth. to principal due; and last, to any late charges due under the Note. 4. Charges; Lie#s. Bomlwer shall pay all taxes, assessments, charges. fines and Impositions attributable to the Propeny which may attain priQ~ty over this Security Instrument, and leasehold payments or ground tellIS, If any. Borrower shall pay these obligations in th~! manner provided in paragraph 2, or if not paid in that manner. Borrower shall pay them on time directly to the person owed pa~t. Borrower shall promptly furnish to Lender all notices of amounts to he paid under this paragraph. If Borrower makes ~e payments directly. Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall ~r!>mptly discbarge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing;to the p~!ofthe obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien hy, or defends ag~ enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enfo~tof the I~; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to ~s S~ty ~. If Lender determines that any pan of the Property is subject to a lien which may attain priority over this SeQurity Inst:rumetlt, Lender may give Borrower a notiee identifying the lien. Borrower sha1I satisfy the lien or take one or more of the actions set ;forth above within 10 days of the giving of notice. .. -6R(~A) 194101.03 .. Page2of6 ,....., hiA tl ~039 9/90 '''''''''';''1', ,~ ~ ~~II', , ' 1-, . ., " ,_~.~""-'r'~'" ,~ ~, Hazard or Property J Borrower shall keep the improvements n. existing or beteafter erected on the Property iDsured against loss by fire, hazards Included within the term "exteI1ded coverage" and any other bazards, including floods or flooding, for which LeDder requires insut8llCe. This insUrance shall be maintained in the amoUDlS and for the periods that Lender requires. The iDsurance carrier providing the insunmce shall be chosen by Borrower subject to Lender's approval which shall not be IU1I'e8SOnably withheld. If BOllOWer falls to maintain coverage descn"bed above, LeDder may, at Lender's option, obtain coverage to protect Lender's rights in the Property in al:COnIance with paragraph 7, All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewalootices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if oot made promptly by Borrower. Unless LeDder and Borrower otherwise agree in writing, insut8llCe proceeds shall be applied to restoration or repair of the Property damaged, if the restopWOp. or repair is economically f~bll: and Lender's security is IlDtlessened. If the restoration or repair is not economically feasible' or LeDder's security would belessened, the insurance proceeds sha1I be applied to the sums secured by this Security Instroment, whether or IlDt then due, With any ~s paid to Borrower. If Borrower abandoDS the Property, or does not answer within 30 days a ootice from Lender tha1 the insurance carrier has offered to settle a claim, then Lender may collect the insl1I8lli:ei proceeds. Lender may use th!> proceeds to repair or restore the Property or to pay sums secured by this Security 1ns1n1llleD!, whether or not then due. Thei3l81ay period will begin when the .notice is given. Unless LeDder and Borrower otherwise agree in writing, ~y applicalion of proceeds to principal shall not extend or postpone the due date of the mootbly paymen.ts referred 10 in pSrailraPhs 1 and 2 or changei the amount of the payments. If under paragraph 21 the Property ~ acquired by Lender, Borrower's pghtto any insurance poljcies and proceeds resulliog from damage to the Properly prior to the acquisition shall pass to LeDder tathe extenl of the sums secured by this Security Instrumenl immediately prior to the acquisitiO!l. 6. Occupancy, Preservation, Maintenance and Protection of tbe Properly; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the property as Borrower's principal residence within sixty days after the execution of this Security InstruInenI and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender ocherwise agrees in writing, whicb consent sball nol be unreasonably withheld, or unless extenuating circuIllstances exist wbich are beyond Borrower's control. Borrower shall oot destroy, damage or impair the Propeny, allow the Propeny to deteriorate, or commit wasle on,the Property. Borrower shall be in default if any forfeiture action or proceeding, wbether civil or criminal, is begun tha1 in Lender's good faith judgment could result in forfeiture of the Propeny or otherwise materially iinpair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by callsing the action or proceeding to be dismissed with a ruling Ihat, in Lender's good faith detei'mination, precludes farfeiture of the Borrower's interest fu the Propeny or other material impairment of the lien created by this Security Instroment or L,ender's security interesl. Borrower shall also be in default if Borrower, during tb<i loan applicafion process, gave ~rially falsl>or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in collllection with the loan evidenced by the Note, including. but nOllimiled to, representations concerning Borrower's occupancy of 1he Properly as a principal residence. If this Security Instrwnent is on a leasehold, Borrower shall comply with all the proviSillns of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall ~of merge unless LeDder ~ees to the merger in writing. 7, Protection of Lender's Rights in the Property. If Borrower fails to perfOIlIJ the covenants and agreements contained in this Security Instroment. or there is a legal proceeding that may significamly affect Lender's rights in the Properly (such as a proceeding in bankruptcy, probate, for condemuation or forfeiture ar to enf0ICe laws or regulations), then Lender may do and pay for whatever is necessary to ,protect the value of thlo Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which haS priority over this Security Instrument, appearing in coun, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does DOt have to do 50. Any amounts diSbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instroment. UDless Borrower and Lender agree to other tenDS of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8, Mor1pge Insuraoee. If Lender required mortgage insunmce as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage iDsurance in effect. If, for any reason, the mortgage insl!rance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the C051to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equival!'fil mortgage insurance coverage is nol available, Borrower shall pay to Lender each IlIODth a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage I~ed or ceased 10 be in effect. Lender will accept, use and retain these payments as a loss reserVe in lieu of mortgage insunmce. Loss reserve G-GR1PAII94,ol.o3 .. Page3of8 ,....... If/. '\J CtS II Form 3039 9/90 ,-",.",-,,'1 _ml""""" '! r-r "'1!~ I ' . , . ~ may no longer be Iequiled. Ie option of Lender. if mortgage insuraIIl:e co.ge rm the amount and for the period lhar. Lender requires) provided by an insuRr approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to ",.lnt.ln mortgage iDsurance in effect, or \0 provide a loss reserve, WlIiI the Iequitement for JI10rtgage insuraru:e ends in accotdance with any written agteemeI1l between Borrower and Lender or applicable law. 9, Inspection, Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10, Condemnatiob, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or otber taking of any pan of the Property. or for conveyance in lieu of condemnation, are bereby assigned and shall be paid \0 Lender. . In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair uwket value of the Property immediately before tbe taking is equal to or greater than the amount of the sums secured by this Security lnstrUIllellt immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instroment sball be reduced by lbe amount of the proceeds umItiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property inunediateJy before the taking. Any balance shall be paid \0 Borrower. In the event of a partial taking of the Property in wbich the fair market value of the Propertyimmedialely before the taking is less than the amount of the sums secured immediately before tbe taking, unless Borrower and Lender otherwise agree in wrltiilg or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due, If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim' for damll!\es, Borrower fails \0 respond to Lender within 30 days after the date the notice is given. Lender is authorized \0 collect and apply the proceeds, at its option. either to restoration or repair of the Property or \0 the sums secured by this Security Instrument, wbetber or not then due. Unless Lender and Borrower otberwise agree in writing, any application of proceeds to principal shall not eKtend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11, Borrower Not Released; Forbearance By Lender Not a Waiver. EKtension of the time for payment or modification of amortization of the sums seeured by this Security Instrmnent granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's succesSOrs in interest. Lender shall not be required to commence proo....ning.< against any successor in interest or refuse to eXlend lime for payment or otherwise modify amortization of the sums secured by this Security IUSlrUtUenl by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in eKercising any right or remedy shall uot be a waiver of or preclude the exercise of any right or reme<\.Y. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security InstrUment shall bind and benetit the successors and assigns of Lender and Borrower. subject to the provisions of paragrnpb 17. Borrower's covenants and agreements shall be joint and several, Any Borrower who oo-sigus this Security Instroment but does not execute the Note: (a) is co-signing this Security InslrUtUent only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security InslrUtUent; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. modify. forbear or make any accommodations with regard to the terms of this Security Instrmnent or the Note without that Borrower's consent. 13, Loan Charges. If the loan secured by this Security instIUment is subject to a law which sets maximum loan charges, and that law is finally interpreted SO that the interest or other 10"" charges collected or Ii> be collected in connection with the loan exceed the pennitted 1iiIlilS, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pe:imiued limit; and (b) any sums already collected from Borrower whic!l exceeded permitted 1iiIlits will be refunded to Borrower. Lender may choooe to make this refund by reducing the principal owed under the Note or by maJdng a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment wilbout any prepayment charge under the Note. 14, Notices, Any notice to Borrower provided for in this Security Instrument sblII\ be given by delivering it or by mailing it by rust class mail unless 'applicable law requires use of another method. The notice sblII\ be directed to the Property Address or any other address Borrower designates by notice \0 Lender. Any notice to Lender shall be given by first class mail to Lender's address staled herein or any other addres$ Lender designates by IlOtice to Borrower. Any notice provided for in this Security InstrUIllellt. sblII\ be deemed to bave been given to Borrower or Lender when given as provided in this paragraph. 15. Governing LaW; Severability, This Security Instrument shall be governed by federal law and the law of the jurisdiction in whicb the Property is located. In the event that any provision or clause of this Security Instroment 01 the Note conflicts with applicable law, such conflict sball not affect other provisions of this Security Instrument 01 the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Iusuument and the Note are declared \0 be $everable. 16, BOlTOwer'S Copy, Borrower shall be given one confonned copy of the Note and of this Security Insl1Unlent. G~RlPAI '94'0'.03 ~ _ Jly.,IJ IJ C&I Form 3039 9190 PetlB4 of 8 '!"q'''''''''''fT" ~'~1~=-"""" ~"INI --I' - ~ I . 'I . . 17, Trausl'er otthe Property or a Beneficial Interest in Bortower, If all or any part of the Property or any interest in it is sold or tnmsfcmod (or If a beneficial in_ in Borrower is sold or IrlIDSfcrml and Borrower is not a natural person) without Lender's prior written CODSeIIt, Lender may, at ils option, require ;mmP<llale paytllCllt in full of all sums secured by this Security IDatrumenL However, Ibis option shalllIOt be exercised by Leu.cler if exercise is probibited by federallsw as of the date oflbis Security IDatrumenL If Lender exercises Ibis option, Leu.cler sball give Borrower notice of acceleration. The notice shall provide a period of not less !ban 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security lnstrumenl. If Borrower falls to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand On Borrower. 18, Borrower's Right to Reinstate, If Borrower meets certain: conditions, Borrower shall have the right to have eofon:ement of Ibis Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all SWllS which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security InstrUment, Including, but not lbnited to, reasonable attorneys' fees; and (d) takes such aCtion as Lender may reasonably require to assure that the lien of Ibis Security Instrument, Leu.cler's rights in the Property and Borrower's obligation to pay the sums secured by this Security lDstrumeot sball continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obl~oDS secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate sball not apply in the case of acceleration under paragraph 17. 19, Sale of Note; Change of Loan Servicer, The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Servi=').that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servi= and the address to which payments should be made. The notice will also contain any other infonnation required by applicable law. 20. Hazardous Substances, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do. nor allow anyone else to do, anything affecting the Property that is in violatiou of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of .maI1 quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to malntena&Ce of the Property. Borrower sball promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns. or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous SUbstances" are those subSlances defmed as [oxic or hazardous substances by Environmental Law and the following substances: gasoline. kerosene. other flammable or toxic petroleum products. toxic pesticides and herbicides. volatile solvents. materials containing asbestos or formaldehyde. and radioactive materials. As used in this paragraph 20. "Environmental Law' means federal laws and laws of the jurisdiction where the Propeny is located that . relate to health. safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give uotice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security lustnunent (but not prior to acceleration under paragraph 17 unJess applicable law provides otherwise). Lender shall uotify Borrower of, among otber things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that fallure to cure tbe default as specified may result in acceleration of the sums secured by this Security Instrument, foreclOSW"e by judicial proceeding and sale of the Property, Lender sba11 further inform Borrower of the rigbt to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-ex1stence of a default or any other defense of Borrower to acceleratioD and foreclosure. If the default is not cured as spedfied, Lender, at Its option, may .equlre Immediate paymealln full of all 5\lmS .=red by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender sba11 be entitled to collect all expenses Incurred in pursuing the remedies provided in this puragraph 21, Inc1uding, but Dot 6mited to; attorneys' fees and <OSts of title evidence to the extent permitted by applicahle law. 22. Release, Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower sball pay any reconlation costs. 23. W~vers, ~rrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce Ibis Secunty Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. ReInstatement Period, Borrower's time to reinstate provided in paragraph 18 shall extend to one bour prior to the COlJll'l""""I'1l>"t of bidding at a sheriff's sale Or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage, If any of the deht secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument sball be a purchase money mongage. . 26. ~terest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note. .. 006R{PAJ r94101.03 i& Pag86ot8 101"., If 1M .J ~3039 9/90 """Ii" ... ""l'!. r'"!"'""!"~11~!~~""i"""!-1."""'I"'''''-' ~~ ."~ <'"'I~' . . 27, Riden to this Security lDStrument, If one or more riders are executed by Borrower and recorded together with this Security Instrument, the COYeD8nU and agreements of em:h such rider shall be incorporated into and sball amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a pan of this Security Instrument. [Check applicable box(es)] o Adjustable Rate Rider o Graduated Payment Rider o Balloon Rider OVA Rider o Condominium Rider 0 1-4 Family Rider o Planned Unit Development Rider 0 Biweekly Payment Rider o Rate Improvement Rider 0 Second Home Rider o Other(s) [specify] ATTACHED LEGAL BY SIGNING BELOW, BotTOwer accepts and agrees to the tel'DlS and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. C) I~ Witnesses: e.~l:t ~ ~ cJdIf) V Y ~c (Seal) ~. Nh'2 EDWARD- M:V~T \ -Borrower ~lf' ~~--l (};JW!. ~ ?MU """ ~~T1. ~~~ /~ CAROL B. VOGHT V -Borrower (Seal) -13orrower (Seal) -Borrower Certificate of Residence I, Debra L. Kerr , do bereby certify that !be correct address of the within-named Mortgagee is 2229 PAXTON CHURCH ROAD. HARRISBURG. PA 17110 Januuy . ~8 . ,( ~~ A f--/ Debra . err AgenI of Mortgagee DAUPHIN Witness my band Ibis 30th day of COMMONWEALTH OF PENNSYLVANIA, County ss: On Ibis, the 30th day of January personally appeared EDWARD M. VOGHT and CAROL B. VOGHT 1998 . before me, the undersigned officer, known to me (or satisfactorily proven) to be the personS wbose nameS are subscribed to the within instrument and acknowledged that they executed the same for !be pwp~ herein contained. IN ~S WHEREOF, I hereunto set my band and official seal. /J IY _ /J ..........~ My Coll1l1llSSlOnExpIres: ~ ~_ ALBERT C. DAILEY _IIaISeBl s:::.r;..\IeI":'=~ NOTJlPY PIlBLIC My commission Elipl... Oct. 29. 2001 Tide of Ofticer _-6RIPAl...'OI.03 Member,fannsylvanlaAasocIatiDO01 -...... .f. Form 3039 9/90 ';~"" '. n," IT' . , ~,- ,k~ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE November 20, 2000 TO: EDWARD M. VOGHT 340 BOSLER AVENUE LEMOYNE, P A 17043 CAROL B. VOGHT 340 BOSLER AVENUE LEMOYNE, PA 17043 lHIS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TfEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, This is an official notice that the morteaee on vour home is in default and the lender intends to foreclose, Soecific infonnation about the nature of the default is orovided in the attached oaees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helo to save vour home. This Notice exolains how the oroeram works. To see ifHEMAP can helo. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counseline Aeencv. The name. address and phone number of Consumer Credit Counseline Aeencies servine vour County are listed at the end of this Notice. Ifvou have anv Questions. vou mav call the Pennsvlvania Housine Finance Aeencv toll free at 1-800- 342-2397. (Persons with imnaired hearine can call (717) 780-1869). This notice contains important legal infonnation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA.IS NO COMPRENDE EL CONTENlDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDA SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA, "'M HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER CURRENT LENDERlSERVICER: STATEMENTS OF POLICY EDWARD M. VOGHT & CAROL B. VOGHT 340 BOSLER AVENUE, LEMOYNE, P A 17043 1605955 ALTERNATIVE LENDING MORTGAGE CORP. CITIFINANCIAL MORTGAGE COMPANY SERVICING AGENT FOR THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST ET AL HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR J:1INANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECWSURE 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 TIffi PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you 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 (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIffi PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES -lfvou meet with one of the consumer credit counselmg agencies listed at the end of this nolicethe lender mav NOT take action against vou for thirty (30) da~ after the date of this meeting. The names. addresses and teleohone numbers of desienated consumer .credit counseling agencies for the county in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-ta-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation 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 [mandai 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 FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. . AGENCY ACTlON- 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 Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE 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 (Erin!! it up to date) NA TORE OF THE DEFAUL T- The MORTGAGE debt held by the above lender on your property located at: 340 BOSLER A VENUE, LEMOYNE, PA 17043 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 5/4/00 thru 11/4/00 at $863.38 per month. Monthly Payments Plus Late Charges Accrued: NSF: Insurance: Other: Property Inspection: BPO: Attorney fees: (Suspense) TOTAL AMOUNT TO CURE DEFAULT $7,159.46 $40.00 $0.00 $162.20 $9.95 $135.00 $50.00 ($30.78) $7,525.83 B. YOU HAVE FAILED TO TAKE TIlE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEF AUL T- You may cure the default within TIlIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,525.83 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavment must be made either bv cashier's check. certified check or monev order made pavable and sent to: CITIFINANCIAL MORTGAGE COMPANY. 5901 E. FOWLER A VENUE. TAMPA. FL 33617. ATIN: GENAIR BOYNES. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter, (Do not use ifnot applicable) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure uPon vour mortgage propertY. ~ IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, 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 attorneys' fees actually incurred by the lender even if they exceed $50.00, Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs, If vou 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 haye not cured the default within the THIRTY (30) DAY period and foreclosure proceedings haye begun, you still haye the right to cure the default and mevent the sale at any time UP to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perfonning any other reouirements 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 bad neyer defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) 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- CITIFINANCIAL MORTGAGE COMPANY 5901 EAST FOWLER AVENUE TAMPA, FL 33617 ATTN: GENAIRBOYNES TEL. NO. 1-800-776-2211 EXT.2325 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 liye 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 _ mayor XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, proYided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale that the other requirements of the mortgage are satisfied. ,~ YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF 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 DEF AUL T 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 TIlE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS A TIACHED. ~VerytrulYYours, I -r-;;-. TIO~~ER ' ""!Ill!~_~,~~_, r.' NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************ 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notifY our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notifY our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. ',~, PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PAl 71 0 1 (717) 234-5925 FAX (717) 234-9459. Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3 rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, P A 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 13 9-14 3 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 PENNYLSV ANIA BULLETIN, VOL. 29, NO. 23, JUNE 5,1999 '_f"'. , 1-: ' , . VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that the statements therein made are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ,.//j1lJ1hJA~ tl~, Ir"" , 1 ,",' ~.'" ~~N~. ~, ftf ,. ~. ~, .~ '"" , ~~. ,~. " , 'I." ~~ .,,~~ .'=~ ~- ~ ~ ~ ~~ ~ ~. ~ ~~ }- (') c.::' S '\ (, ~ ~ '\ ' . ,P" rr" , ;:2':. ' - ~ ~ 1':,' , , \...i.' - ~ "- 1\) ~~.: c.-' ~ .' ~. ;;: :k ~<:' ~-;~? c.J _"""",~1A,~~l!"!W ~1l,~~, 111."",_ ."~l~I'(!!W'!"~";".- C'Nt;<i'mF",n"'-;1"T"F'''''.'''''l'~~'W:-~ml:Wi,'Oiiip'~4m _"("f.~~!~t'l: -"" ." SHERIFF'S RETURN - REGULAR CASE NO: 2001-00232 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK ETC VS VOGHT EDWARD M ET AL ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VOGHT EDWARD M the DEFENDANT , at 0016:10 HOURS, on the 16th day of January ,2001 at 340 BOSLER AVENUE LEMOYNE, PA 17043 CAROL VOGHT by handing to a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge 18.00 9.92 .00 10.00 .00 37.92 Sworn and Subscribed to before Ie- me this :2..'f ~ day of 0"""""'1 cV,."I A.D. C)..~. 0 n". ~ ee, oJ, ~ :D thonotary i,;'O\1!, , ,~ :1'" sO;:~~t R. Thomas Kline 01/16/2001 GREGORY JAVARDIAN BY:.~ ~~. ~SZ ./ .{A: ./ Depu y Sherl f SHERIFF'S RETURN - REGULAR CASE NO: 2001-00232 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK ETC VS VOGHT EDWARD M ET AL ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VOGHT CAROL B the DEFENDANT , at 0016:10 HOURS, on the 16th day of January , 2001 at 340 BOSLER AVE LEMOYNE, PA 17043 by handing to CAROL VOGHT a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. . Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 S;;;~~/ R. Thomas Kline me his /),'1 ~ day of 01/16/2001 GREGORY JAVARDIAN BY~ /'p~ Depu '3l1er Sworn and Subscribed to before A.D. ~. Prothonotary """~1~l T 1'_' " ""'__,'0"____ ,,, -, ,-,,", , .""" - - '"",--"""." ".-'" ", ,,- c " '0 ~ ,H',;' c",," "'"','.'; -~",,-.- -,~d',' ',-""","'-' "',_'11" "~,,,~,_ :,;-:;';'4'"/;-" ,;,p.-,' ;"',V .~~ C;_~""I ,-,-"~~" .~~'" .",,, - "_"'P'"~ -. -",~-p -:JT~ ~ ." .~,,11J1 ~~_~__'!~~"-"l;o".,._ _JP!ll__lrn"'~~'Wl?l'n~'ll'l"""Wi"#'-~.~!F_""!"'Ww,-""IAA0f',fW}!lI~~~ll;:!'qlTh1*.~l{fIll~~jjI~~~ . LAtOFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC EQUITY LOAN 1998- 3 UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 No.: Ot-232 CIVIL 5901 E. FOWLER AVENUE TAMPA, FL 33617-2362 vs. EDWARD M. VOGHT CAROL B. VOGHT 340 BOSLER AVENUE LEMOYNE, P A 17043 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against EDWARD M. VOGHT and CAROL B. VOGHT, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint Interest 11/17/00 to 3/5/01 $80,627.26 3,014.28 TOTAL $83,641.54 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accord ce with ule 237.1, copy attached. ( Damages are hereby assessed as indicated. DATE: mOM}] ~ Jco{ ~.VJ. :.:nTTI ., . ,'_" _'(' , - 1- -1 ~ - . c ~"" ~~" . . :nffi CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN 1998-3 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE I, 1998 In The Court of Common Pleas Cumberland County No, 00-232 CV Plaintiff v. EDWARD M, VOGHT CAROL B. VOGHT Defendants TO: EDWARD M, VOGHT CAROL B. VOGHT DATE OF NOTICE: 2/22/0 I NOTICE, RULE 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 se forth against you. Unless you act within ten (l0) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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. Cumberland Bar Association Lawyer Reference Servi 2 Liberty A venu Carlisle, P A 17 (717) 249-3166 ~ Gregory Javardian, Esquire 44 Second Street Pike, Suite 101 Southanlpton,Pal8966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un tennino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de cornpararecer usted en corte 0 escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a lm abogado immediatemente si usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona 0 llame por telpfono a la oficina, cuya direccion se encuentra escrita abaj 0 para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" -1_~_"""! ~ ,. " .'1" [\ 1'\ i " I II " I , ~ ~, . ,,- ,- ~.,- ~~_ ~ <. -,-,"-'_~'~""_':.h"_~"',,".___',,." "' ~_"..><,_ ~. '~"<r~~~ C' (~~ " " ..-.. ~.-.' :.,) en '.<~--".~ . . i .' , ~'"'lftI!~~r;"-_ _""""r-__~f'~I~;Pif;~~i''';::''''-'''''F'~;:'J''''TIc_,-,.,,-;:vW!,~,w~'~lI':'11j~tjl<j;1;l!'lf~f9"~%'.g<i~iI!W$~1~lJljl~r~,.~i' '. ;~_1, . LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO, 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC EQUITY LOAN 1998- 3 UNDER THE POOLING AND CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 No.: 00-232 CIVIL vs. EDWARD M. VOGHT CAROL B. VOGHT VERIFICATION OF NON-MILITARY SERVICE GREGORY JA V ARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendant(s), EDWARD M. VOGHT and CAROL B. VOGHT, is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, EDWARD M. VOGHT, is over 18 years of age, and resides at 340 BOSLER AVENUE, LEMOYNE, PA 17043. (c) Defendant, CAROL B. VOGHT;-is over 18 year~ of age, and resides at 340 BOSLER AVENUE, LEMOYNE, PA 17043. (d) Plaintiff, THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC EQUITY LOAN 1998-3 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998, is an institution conducing business under the Laws ofthe Commonwealth ofPennsylvania with an address of 5901 E. FOWLER AVENUE, TAMPA, FL 33617-2362. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 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