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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03152 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALASKA SEABOARD PARTNERS
VS.
FLORA LARRY D ET AL
DAWN KELL
, Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT IN MORTGAGE was served
upon FLORA GEORGANNE L the
defendant, at 10:15 HOURS, on the 27th day of May
1999 at 211 RED TANK ROAD
BOILING SPRINGS, PA 17007 CUMBERLAND
County, Pennsylvania, by handing to ANGIE BAILEY (DAUGHTER)
a true and attested copy of the COMPLAINT IN MORTGAGE
together with FORECLOSURE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
service
Affidavit
Surcharge
Sworn and subscribed to before me
this ,1 S "; day of "
19-q I A.D.
rci n?Y7oLGiry
So answers:
- --'
6.00
.00
ry/
.00
irS
8.00 Mom as in eri
-05/28 AN & PHELAN
by V,0 ,
epu y S eri .
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03152 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALASKA SEABOARD PARTNERS
VS.
FLORA LARRY D ET AL
DAWN KELL , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT IN MORTGAGE was served
upon FLORA LARRY D the
defendant, at 10:15 HOURS, on the 27th day of May
1999 at 211 REDTANK ROAD
BOILING SPRINGS, PA 17007 CUMBERLAND
County, Pennsylvania, by handing to ANGIE BAILEY (DAUGHTER)
a true and attested copy of the COMPLAINT IN MORTGAGE
together with FORECLOSURE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 4.96
Affidavit .00
Surcharge 8.00 l.mo as ineeri'
$30.96 FE _05/28 1999 PHELAN
by
epuLy a ie i
Sworn and subscribed to before me
this ?S day of
19 _ A. D.
r it n??
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(23.5) 563-7000 COURT OF COMMON PLEAS
CIVIL DIVISION
ALASKA SEABOARD PARTNERS LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
323 5TH STREET
EUREKA, CA 95501
V.
Plaintiff
TERM
NO. 99
nn C_
LARRY D. FLORA
GEORGANNE L. FLORA
211 RED TANK ROAD,
A/K/A 273 RED TANK ROAD
BOILING SPRINGS, PA 17007
Defendant(s)
CUMBERLAND COUNTY
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
ORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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 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
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1. Plaintiff is
ALASKA SEABOARD PARTNERS LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
323 5TH STREET
EUREKA, CA 95501
2. The name(s) and last known address(es) of the Defendant(s)
are
LARRY D. FLORA
GEORGANNE L. FLORA
211 RED TANK ROAD,
A/K/A 273 RED TANK ROAD
BOILING SPRINGS, PA 17007
who is/are the mortgagor(s) and real owner(s) of the
property hereinafter described.
3. Mortgagor(s) made, executed and delivered a mortgage upon
the premises hereinafter described, which mortgage is
recorded in the Office of the Recorder of CUMBERLAND County,
as follows:
Date Original Mortgagee Book No. Page
7/13/84 CUMBERLAND VALLEY SAVINGS 756 227
The Mortgage referred to herein was assigned as follows:
Recorded Assigned To Book No. Pace
6/11/96 MERIDIAN BANK 522 186
8/8/96 PLAINTIFF 527 418
4. The premises subject to said mortgage is described as
attached.
5. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due 4/1/98 and
each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such
payments after a date specified by written notice sent to
Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith. A copy of such notice is
attached as Exhibit "A."
6. The following amounts are due on the mortgage:
Principal Balance $33,026.84
Interest 3,233.34
3/1/98 through 5/1/99
(Per Diem $7.59)
Attorney's Fees 800.00
Cumulative Late Charges 276.32
7/13/84 to 5/1/99
Cost of Suit and Title Search 550.00
Subtotal 37,886.50
Escrow
Credit 0.00
Deficit 701.84
Subtotal 701.84
TOTAL $38,588.34
7. The attorney's fees set forth above are in conformity with
the Mortgage documents and Pennsylvania Law, and will be
collected in the event of a third party purchaser at
Sheriff's Sale. If the Mortgage is reinstated prior to the
Sale, reasonable attorney's fees will be charged.
8. Notice of Intention to Foreclose has been sent to
Defendant(s) by Certified Mail, as required by Act 6 of 1974
of the Commonwealth of Pennsylvania on the date(s) set forth
in the true and correct copy(s) of such notice(s) attached
hereto as Exhibit °A.°
9. The Temporary Stay as provided by the Homeowner's
Emergency Mortgage Assistance Program, Act 91 of 1983,
has terminated because either:
(i) Defendant(s) have failed to meet with the Plaintiff or
an authorized Credit Counseling Agency in accordance
with Plaintiff's written Notice to Defendants, a true
and correct copy of which is attached hereto as Exhibit
"Bn, or
(ii) Defendant(s) application for assistance has been
rejected by the Pennsylvania Housing Finance Agency.
10. Pursuant to the Fair Debt Collection Practices Act, 15
U.S.C. S 1692 et seq. (1977), Defendant(s) may dispute
the validity of the debt or any portion thereof. If
Defendant(s) do so in writing within thirty (30) days
of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written
verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within
thirty (30) days of receipt of this pleading, Counsel
for Plaintiff will send Defendant(s) the name and
address of the original creditor if different from
above.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the
Defendant(s) in the sum of $38,588.34, together with interest
from 5/1/99 at the rate of $7.59 per diem to the date of
Judgment, and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged
property.
/s/ F ank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
FEDERMAN AND PHELAN
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102-1799
215-241-1711
Fax: 215-568-7617
April 14, 1999
CERTIFIED MAIL
Larry D. Flora
211 Red Tank Road,
a/k/a 273 Red Tank Road
Boiling Springs, PA 17007
Re: Loan No.:1360515
Representing Lenders in
Pennsylvania and New Jersey
b
Georganne L. Flora
211 Red Tank Road,
a/k/a 273 Red Tank Road
Boiling Springs, PA 17007
NOTICE OF INTENTION TO FORECLOSE
We represent Security National servicing Corp., servicer for the holder of
a mortgage on your property located at 211 Red Tank Road, a/k/a273 Red Tank
Road, Boiling Springs, PA 17007, which mortgage is in SERIOUS DEFAULT because you
have not made the monthly payment of $406.10 for 4/1/98 through 4/1/99 and or
because N/A. Late charges (and other charges) have also accrued in the amount
of $296.72. The total amount now required to cure this default, or in other
words, get caught 'up in your payments, as of the date of this letter is
$5,576.02.
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.' THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND
ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
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.
You may dispute the validity of the debt or any portion thereof. If you
do so in writing within thirty (30) days of receipt of this letter, this firm
will obtain and provide you with written verification thereof; otherwise, the
debt will be assumed to be valid. Likewise, if requested within thirty (30) days
of receipt of this letter, this firm will send you the name and address of the
original creditor if different from above.
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount of $5,576.02, plus any additional
monthly payments and late charges which may fall due during this period. Such
payment must be made in the form of certified check, cashier's check or money
order, and made at Suite 900, Two Penn center Plaza, Philadelphia, PA 19102.
If you do not cure this default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means whatever is
owing on the original amount borrowed will be considered due immediately and you
may lose the chance to pay off the original mortgage in monthly payments. If
% I I LI A
full payment of the amount of default is not made within THIRTY (30) DAYS, we
also intend to start a lawsuit to foreclose on your mortgaged property.
If the mortgage is foreclosed, your mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If you cure the default before we begin
legal proceedings against you, you will still have to pay the reasonable
attorney's fees actually incurred up to $50.00. However, if legal proceedings
are started against you, you will have to pay the reasonable attorney's fees even
if they are over $50.00. Any attorney's fees will be added to whatever you owe
us, which may also include our reasonable costs. If you cure this default within
the thirty day period, you will not be required to pay the attorney's fees. YOU
HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE
FORECLOSURE PROCEEDINGS THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU
MAY HAVE TO ACCELERATION AND FORECLOSURE.
We may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage. If you have not cured the default within the
thirty day period and foreclosure proceedings have begun, you still have the
right to cure the default and prevent the sale at any time up to one hour before
the Sheriff's foreclosure sale. You may do so by paying the total due, as well
as the reasonable attorney's fees and costs incurred in connection with the
foreclosure sale (and perform any other requirements under the mortgage). It is
estimated that the earliest date that such a Sheriff's Sale could be held would
be approximately six months from the date of this letter. A notice of the 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 will be by calling us at the
following number: (215) 241-1711. This payment must be in the form of certified
check, cashier's check or money order and made payable to us at the address
stated above.
You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to remain in it. If you continue to live in
the property after the Sheriff's Sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interests in the property.
YOU 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
(YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO. THE MORTGAGE
TO A BUYER OR TRANSFEREE WHO WILL ASSM-2 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 UNDER THE MORTGAGE ARE SATISFIED.)
CONTACT US TO DETERMINE UNDER WHAT CIRCLMSTANCES THIS MIGHT EXIST. YOU HAVE THE
RIGHT TO HAVE. THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
ii
If you cure this default, the mortgage will be restored to the same
position as if no default had occurred. However, you are not entitled to this
right to cure your default more than three (3) times in any calendar year.
Very truly yours,
FEDERMAN AND PHELAN
Hy: &tA
Fra c Federm n
FF:ll
cc: Professional Lender Alliance, LLC (CA)
Attn:Richard Powers Loan No.:1360515
CERTIFIED MAIL NOS.:Z 338 154 293, 294
? y? N1
V?
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO"HEREINAND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF ?OU HAVE
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.
The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance
Program may be able to help you. Read the following notice to find out how the
program works.
If you need more information call the Pennsylvania Housing Finance Agency
at 1(800) 342-2397.
La notification en adjunto es de sums importancia, pues afecta su derecho a
continuar viviendo en su casa. Si no comprende el contenido de esta notification
obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania. Housing
Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para
un prestamo par el programa llamado "Homeowner's Emergency Mortgage Assistance
Program" el cual puede salvar su casa de la perdida del derecho a redimir su
hipoteca.
( ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
Date April 14, 1999
RE: Account No. 1360515
17007 Premises:211 Red Tank Road, a/k/a 273 Red Tank Road, Boiling Springs, PA
TO: Larry D. Flora Georganne L. Flora
211 Red Tank Road, 211 Red Tank Road,
a/k/a 273 Red Tank Road a/k/a 273 Red Tank Road
Boiling Springs, PA 17007 Boiling Springs, PA 17007
FROM: Federman and Phelan, attorney for Security National Servicing Corp.
You may be eligible for financial assistance that will prevent foreclosure
on your mortgage if you comply with the provisions of the Homeowners' Emergency
Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency
temporary assistance if your default has been caused by circumstances beyond your
control, you have a reasonable prospect of resuming your mortgage payments, and
if you most other eligibility requiramants established by the Pennsylvania
Housing Finance Agency. Please read all of this Notice. It contains an
explanation of your rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice. During that time you
must arrange and attend a "face-to-face" meeting with a representative of this
EX03 i B 11
lender, or with a designated consumer credit counseling agency. The purpose of
this meeting is to attempt to work out a repayment plan, or to otherwise settle
your delinquency. This meeting must occur in the next (30) days. 11
If you attend a face-to-face meeting with this lender, or with a consumer
credit counseling agency identified in this notice, no further proceeding in
mortgage foreclosure may take place for thirty (30) days after the date of this
meeting. As representative of the mortgage holder, our name and address is:
FEDERNBN AND PHELAN, SUITE 900, TWO PENN CENTER PLAZA, PHILADELPHIA, PA 19102;
Telephone Number: (215) 563-7000.
The names and address of designated consumer credit counseling agencies are
shown on the attached sheet. It is only necessary to schedule one face-to-face
meeting. You should advise this lender immediately of your intentions.
Your mortgage is in default because you failed to pay promptly installments
of principal and interest, as required, for a period of at least sixty (60) days.
The total amount of the delinquency is $5,576.02.
That sum includes the following:
Total of Principal plus interest including all accrued late charges, if any:
$5,576.02
Property Inspections and NSF check Charges,
if any:
Other charges accrued, if any
60.00
0.00
LESS: Suspense (unapplied funds) 0.00
TOTAL DUE:
$5,576.02
.
Your mortgage is also in default for the following reasons: N/A
If you have tried and are unable to resolve this problem at or after your
face-to-face meeting, you have the right to apply for financial assistance from
the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you
must fill out, sign and file a completed Homeowners' Emergency Assistance
Application with one of the designated consumer credit counseling agencies listed
on the attachment. An application for assistance may only be obtained from a
consumer credit counseling agency. The consumer credit counseling agency will
assist you in filling out your application and will submit your completed
application to the Pennsylvania Housing Finance Agency. Your application must be
filed or postmarked, within thirty (30) days of your face-to-face meeting.
It is extremely important that you file your application promptly. If you do rot do so, or if you do not foUow the
other time periods set forth in this letter, foreclosure may proceed against your home immediately.
Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the
Act.
It is extremely important that your application is accurate and complete in
every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to
make a decision after it receives your application. During that additional 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 that Agency of
its decision on your application.
i
The Pennsylvania Housing Finance Agency is located at 2101 forth Front
Street, Post office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No.
(717) 780-3800 or 1-800-342-2397 (toll free number). Persons wit1 impaired
hearing can call 1-800-342-2397. t
r?
In addition you may receive another notice from this lender underlAct 6 of
1974. That notice is called "Notice of Intention to Foreclose". lYou must read
both notices, since they both explain rights that you now have under Pennsylvania
law. However, if you choose to exercise your rights described in:ithis notice,
you cannot be foreclosed upon while you are receiving that assistance. ,
1!
Very yt"rru'ly yours,
FED?tyart[v RND HE
By: ?
Frank Fede an
FF/11
cc: Professional Lenders Alliance, LLC (CA)
Attn:Richard Powers Loan No.:1360515
Sent by Regular Mail, Certificate of Mailing (PS Form 3877)
A
za1w PE` NSYLYANU HOL:Sr4G MiANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGR-MM
CONSUMER CREDIT COLNSELD G AGENCIES
CRAW-FORD CO=
Honker T. washine-ton Center
1720 Holland Stree
Erie, PA 16503
(814) 453-5744
FAX * (814) 453-5749
Grate: Erie Community Arlon Cotamim=
18 W-r, Ninth Stare,
E_ie, PA 16501
(8114) 359=581
FAX 0 (813) 456-0161
Sheaaago Valley Utbanlc League. Inc.
601 !nd:aaa Avenue
Pa.-.[L PA 16171
(413) 981-5310
John F. Kemaedy Center, Inc.
30:1 Fast 20th Street
&ie. PA 16510
(814) 898-0400
FAX # (814) 898-1343
CLNE3ERLkN-D COn-TY
Consumer Credit CourseUng
2000 Limelestowa Road
Harsbtug, PA 17103
(71? 54l-1757
FAX 4 (913) 791-9539
Se:-rice of Wes:--= P :s ' hale Inc.
F3 ra! Col-saling Services of Fm-kUa
31 West 3rd Street
V.a;mesboro, PA 17:68
(717 76.•3_95 ,
Urban. League of'Yte=poL= Iarisbur;
'-!07 North 6th Street
Harr-sburg, PA 17101
r 17 =- 59'5
FAX .4 (71' 334-9459
YWCA of Carislc
301 G. Street
Carlisle, PA 17013
r1) 243-3318
FAX A (117) 731-9589
Cn=,._ izy .a-aan Ccc= issior of the Capital Region
151_ De::v Street
a.=:sbum PA 17104
F.?..Y e (717 33-.3.
The P=syivania Hot:shtg Financ Agear can be teethed TOLL FRE.: at 1(800) 34:-2397
ALL that certain tract of land located in South Middleton Township, Ctsaberland
County, Pennsylvania, being bounded and described according to 1Pi31e1 minor subdivision
Plan drawn by Stephen G. Fisher, Surveyor, dated April 7, 1983, as follows,
BEGINNING at a P.K. nail not in Fed Tank lead, T-5421 thence south 75 degrees 33 minutes
20 seconds West 165 feet to a P.M. nail seer, thence by tot No. 1 of the above-rererred-
to Plan. North 15 degrees 03 minutes 42 seconds East, 661.31 feet to an iron pin seer
than=e by land now or formerly of Snook, south 84 degrees SS minutes St, seconds rase,
152.25 rase to an iron pin sets thence by Lot No. 3 of the above-referred-to Plan, South
15 degrees 39 minutes 39 seconds West, 606.49 feet to a point, the place of BEGINNING.
BEING Lot No.2 of the abova-mentioned Final Minor Subdivision Plan and containing
2.13 acres.
BEING the same premlees which Iwo V. Otto, Jr., by deed dated October 21, 1983, and
rc?orded in Cumberland County Deed Book M, vol. 30, Page 683, granted and conveyed to
Cumberland Developers, Inc., Grantor herein.
Under and Subject to a certain right-of-way in favor of Metropolitan Edison Company
dated and recorded in Cumberland County Nine. Book Page
8CUq'773
PREHISES: 273 RED TANK ROAD, A/K/A 211 RID TANK ROAD
BOILING SPRINGS, PA
FRANK FEDERMAN, ESQUIRE hereby states that he is
attorney for Plaintiff in this matter, that he is authorized to
take this Verification, and that the statements made in the
foregoing Civil Action in Mortgage Foreclosure are true and correct
to the best of his knowledge, information and belief. The
undersigned understands that this statement is made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
DATE: 5-17'GG
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