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HomeMy WebLinkAbout01-04136Y VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 34$-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY PROVIDIAN NATIONAL BANK COURT OF COMMON PLEAS Plaintiff VS. PAULA A DISQUE Defendant NO. Q~ - °y/~~ e~UiC~C„'_ _ NOTICE " ~"L 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 an 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 other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 e ~' VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX .1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4428002862600287 COUNTY-COURT OF COMMON-PLEAS PROVIDIAN NATIONAL BANK 295 MAIN STREET TILTON, NH 03276 PLAINTIFF VS PAULA A DISQUE 643 N EAST ST CARLISLE, PA 17013-2003 DEFENDANT NO . D l - yl 3 /O 1. The Plaintiff, PROVIDIAN NATIONAL BANK, is a national banking association organized and existing under and by virtue of the laws of the United States of America. Plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, PAULA A DISQUE, has a mailing address at 643 N EAST ST, CARLISLE, PA 17013-2003, . 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit owned by the Plaintiff bearing account number 4428002862600287. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BS USED FOR THAT PURPOSE. t 4. The Defendant requested an account, 4428002862600287, which is owned by the Agreement was sent to the Defendant. A attached hereto as Exhibit "A" and made 5. The Defendant has failed to pay the with the Account Agreement and has fails debt as agreed. account number Plaintiff, and an Account copy of the Agreement is a part hereof. amount owed in accordance .d to pay the outstanding 6. The Defendant is indebted to the Plaintiff in the amount of $16,258.26 as of 06/06/2001, plus pre-judgment contractual interest at the rate of 21.99% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $2,764.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff,, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $16,258.26, plus pre-judgment interest at the contractual rate of 21.99% per annum from 06/06/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,764.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTERNATIVE 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL SS USED FOR THAT PURPOSH. . and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, PROVIDIAN NATIONAL BANK, and against the Defendant in the amount of $16,258.26, plus pre-judgment interest at the contractual rate of 21.99% per annum from 06/06/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,764.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION. OBTAINED WILL BE USED FOR THAT PURPOSE. ,. VERIFICATION I, HEATHER KOOREMAN declare that: I am a Designated Agent of PROVIDIAN NATIONAL BANK, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in/the /~tate/pf California. Date Designated Agent y PROVIDIAN EXHIEIT Providian National Bank VISA®or MasterCardO Account Agreement for Paula A Disque June 1, 2001 review this document and keep it with your other important papers. This Account Agreement contains the terms which ovem our Providian National ISA or MasterCard Account rthe "Account"). The Account allows you to make purchases by using-your VISA or aster~ard card the "Card") :r it is honored and to et cast[ advances from us or any other participating financial inshtu6Qn and from Automated eller Mashines. convenience may also be provided ~o you as an additionaldway to use the Account. In this Agreement, ,you" and ' our" mean each person for whom we have use pint aforAersonal, family household, and chadtmable u oases and not fo aan b s Hess oeeornmerata~j on your billing statement. The Account to act p f p ~ Y p ipose. Any use of tfiis Account shall ep nce of the terms o this Agreement. You and we agree as follows: its. You will receive a monthly statement showin your outstanding balance. Payment on this Account is required in U.S. dollars (checks must be at a U.S. offide of the bank the check is drawn onJgfor at least the payment due as shown on your statement by the payment due date i0 axordance anent instructions on your monthly statement. The back of your statements shows the rules we follow when we post payments. Convenience checks er checks we issue to,yyou may not be used to make payments on your Account or to make payments on any other account you have with us or our a: The payment due xnn be: 2°!0 of the new balance shown on your statement plus the amount of any past due payme~t, and may includde~ the am0unt h the new balance exceeds your credit line. However, the payment due will not be less than $15 unless our new ba once is less than:$t5, in which e pa ment due well be the amount of the new balance , If your Account is past due or above the cretlyit line, we may require a higher minimum rt, .but we will notify you before doin so. If Vour a men is more than the ayment due it will be treated as a single pavmenk,and none of it will be to future payments due. We may argcept late or partial payments, or payments marked "paid in full" or marked with other resthctions, without losing f to collect a l amounts owing underthis Agreement. Charges. Exdept as described in the Grace Period for, Purchase Balance section of this Agreement finance charges begin to accrue on a debit is included in one of your daily balances and continue un61 that balance is reduced by a payment or credit. Your Account has the followippg balances: rchase Balance which consists of your existing Purchase Balance and. new ppurchases you make wi [your Card and fees for sertam, opfional one or more ustom Cash Advance Balances wh ch consists of balahces that you transfer to your unt using balance transfer checks and s that we trans er o you; an a as ante ~alance which consists of all other cash. advances and cash advance transacton fees. Any t amount we receive that exceeds a mantf-i -f-ce c arq~d fees then due will ordinarily be applied first to the Balance with the lowest Annual age Rate (APR until that Balance is zero, and then fo the Balance with the next lowest APR, until that Balance is zero, and then to any remaining Custom Cash Advance, and Cash Advance Ba{ances are reduced by paym nts as of the date egeived, and by credits as of the date posted. included in your Purohase Balance as of the date made. Custom cash advances are included in our Custom Cash Advance Balance as electronically transmitted to other lenders to transfer balances, as of the date transmitted; checks to transfer balances, as of the date >. Other cash advances are included in your Cash Advance Balance as follows: cash advances from other financial insti(utions and through lers, as of the date made; cash advance checks made payable to Vou that are identified as cashier's checks and- marled to you at your .even days after the date we pdnt do the check all other ch cks, as of the date presented to us. Other debits are included n your Purchase, advance or Cash Advance Balance as of the date posted: eF,inance charges are added to your Pu~nose, Custom Cash Advance, and Cash ices each day and are then posted on the last day of the billing cycle. there is no grace periotl for custom cash advances or other cash oily finance charge for each type of Balance, we start with your previous day's Balance. add all debits and subtract all credits for the current on the d"ate of Your statement includes an average daily balance for each type of Balance. You catr multiply each avers a daily balance that is not zero by the number of days in the billing cycle and the periodic rate to obtain subtotals and then add the subtotals together to determine your total finance charges on balances for the billing cycle. If a dash advance transaction fee is charged, that amount is also a finance cFiarge. The term "Prime Rate" as used in the Agreement means the highest prime rate, ublished in the Wall Street Journal on the first business day of the previous calendar month. Any''increase or decrease in the Annual Peroenfage Rate waP take effect on the first day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases is 5.99°,G, corresponding to a daily periodic rate of 0.01641 °k. You can arrange to have a variable APR (not below 5.99°~) for custom cash advances that is lower than the weighted averege of the non-introductory APR you have been paying on the total balances you hay6 transferred from other credit card, retail, and ipstallment accounts provided your other accounts were open m June 2001". In calculating this APR we will take into account the APRs on the credit account balances you have transferredfrom other lenders. This APR is available only if you nrowde proof. in the form of copies of your most recenfbillinb statements. showing vourothernon-introductory APRs. Your new casn advances may va and wiu pe: as usted eacn pmi. g cyae m, i ~.a~~ above rnme state, but win m no even[ ce less man ~a.as ro. using mis rormuia, the APR for custom cas~i advances m e June 2001 btl mg cycle is 19.93%, corresponding to a daily perodic rate of 0.05460%. The ANNUAL PERCENTAGE RATE for cash advances is 21.99%, corresponding to a daily periodc rate of 0.06025°k. If we receive our Account payment late 2 or more times in any 6- onth period, do each such occ rrence we may increase the APR for Rurohases up to a maximum of X23.30°k (corresponding to a daily penodic rate of 0.~6384~~ and increase the APuR, for cash advances and custom pas advances up to maximum of 23.30°~ (corresponding to a daily pedodic rate of 0.06384°kJ. f after you receive the hi her rates your pa menu are received on time and you meet all other terms of this A reement for 3 consecutive months, you may contact our Customer Service department and, at your request, we will review your Account for a possible APR reduction. Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balance or when the previous balance was fully paid during the cYCle do not begin to incur a finance charge until the start of the next billing cycle. You will pay no finance charge on such new purchases if you pay the {plat new balance in full by the payment due date shown on your statement. New purchases posted in any other billing cycle incur a finance charge, and there is no period in which such purchases maybe repaid without incuning a finance charge. Fees. We may charge your Account $0 for. each Card you ask us to replace; each resumed payment; each check you write on your Account that we return (Continued on reverse) (5846-0698) 4428002862600287 0184 239 rsoza ount of each cash advance, including cash-from tar transactions. io not comply with any part of this ;Agreement; filed by or against you; or ii we believe in good without further demand or notice, cancel your roay have. Iri the event of your default, the charges section of this Agreement, even rf we Credit Line- Your credit line is specified from Ume to time in a separate notice.-Your monthly statements show your credit line and the amount of Your avaiable ;;-edit. We may increase or decrease your credit line based on information we obtained from you or your credit records. Your available credit is nortnali~, ;ne difference between your credit line and your Account balance ((including transactions made or authorized but not yet posted). If, u send us a. large-payment check, we may limit your available credit while we confirm Eliot the check will clear. For certain transactions evadable eredit~maybe less. You will not use your Accoun[ for, and we may refuse to honor, any transaction which would cause you to exceed }rour available credit. Promise fo Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Accdugt (even if-the amount charqed exceeds your permisswn~all other transactions. and charges. to your Account, and collection costs we incur including, but not limited to, reasonable attorney's fees and court sts. (If you win the sud, we will pay your reasonable attorney's fees and court costs.) Chan~es. After we provide you any notice required by law, we may change any part of this,Agreement and add or remove requirements. If a change is made o the Finance Charges section of this Agreement the new finance charge calculation will apply to your entire Account balance from the effective date of the chapge. Chan es wall apply to balances that include items posted to your Account before the date of the change;'arid wile apply whether or not you continue to Use the ,4gdcount. Forei n ExchangeiCurrency Conversion. If you use your Card for transactions in a currenc other than U.S dollars the transactions will be converted to U.S. ~ollars, generelly usingge ether a (i) government-mandated rate or (ii) wholesale marke~rate in effect the day befbre the transaction is processed, increased by three peroent 1~ A). If a credt is subsequently given for a transaction, it will be decreased by the same peroen ge. The curency conversion raft ~ ed on the conversion date may differ from the rate in effect on the date you used your Card. You agree to accept the converted amount in U.S. The Card• Cancellation. You may cancel your credit prfvileppes at any. time by notifying us in writing and destroying the Card(s). Upon the t;ard expiration at the end of the month shown on it, we reserve the right not [o renew a Card. We may cancel the Card and your credit privileges at ariy time after 30 days notice to you or without notice if permitted by law. tf your Card is cancelled ornot renewed, finance charges and other,fees will continue to be assessed, payments will continue to be due, and all other applicable prowsrons of this Agreement will remain in effect. If you termmate Your creditpdvile~es, or'rf we cancel or do not renew the Card, you may no longer write checks on your Acceunt, and you should destroy any unused checkys we have rssu o you. You will provide us at (east 10 days noUc request, you will provide us additional fins and to provide your address and informatii r us at any Ume msWchng us not to share q port that may reflect on your credit maybe jdress, teleepphone numbers, Sin infotrnafion from 9thers, i share infortnatron with our fulfill vburabligationsunder Customer Service; Unauthorized- Use, Loss or Theft of Checks or the Card. Each Card must be signeed op receipt. You are responsible for safeg ardmg the Card, your Persohal Identification Number"PIN", which provides adcess to Automated Teller Madhmes) and any checks issued to you from t~reft, and keepmg your PIN separete from your Card. I you discover or suspect that vy,o ur Cab PIN or any unused checks are lost or stolen or that there may be an unauthorized trensaction on your Account, you will pro , tly notify us by caging 1-SOb-93~-7221. So we-can immediataly,aet to limit losses and liability you will phone us even though you may also nof~ us m wn~ng. You will not be liable for unauthorized use occumng before-you notify us of a loss or theft If you report or we suspec unauthorized use your Account, we may suspend your credit privileges unUb we resolve U1e problem to our satisfaction or issue you a new Card. If your Card,is lost or stolen, ou will promptly destroy all checks m your possession. To improve customer service and security, you agree that your calls maybe monitored or recordedY Merchant Relations. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or accept your checks or fails to return the Card to you. We have no responsibili for goods and services purchased with the Card or checks except as required by law. (See 5 eclat Rule below.) Certain benefits that are available with the Account are provided bythird-party vendors. We are not responsible for the quality, availabilipty, or results of any of the sennces you choose to use. Stop Payment Orders. If wish to stop payment on a check, you may send us a stop payment order b writing to us at our address for cusfomer service listed on your statement. ou can make a stop payment order orally by, calling the, number,listed on your s~atement. When you make estop payment orders Care. may, o a wnnen both credit use not ev or c the purchase slips. roe agree r Waivgr of Certain Rights. provision later. You waive: have to require us to procee Applicable Law• Severabi Hampshire law. 'I'Nis Agree agreement. If an provision law, and the res{ of the prc delay or waive e to presentment, d anyone before we ecks nor Card transaction sii swill be returned to you wim me montnry statemenr, you rise keep a record of them. ~ou should-also save your credit cant cash advance and your record and to notify us immediately of any unauthorzed transactions or errors. f any provision of this Agreement,without losing our right to enforce it or any other st or notice of dishonor; any applicable statute of limitations; and any right you may ist you. i live, this Agreement and your Account era governed by; federal law and by New :nt between you and us and may not be contradicted by evidence of any allege~,y oral nenforceable, you and v(e will considerthat provision modified to conform to applicable oroeable. At any Ume after we determine in good faith that any proposed or enacted un aid; each stop payment order or renewal of such an order, each billin cycle within which your Account is wi~hin which your balance exceeds your credit line (ovedimit fee), even i~ your Account is closed. If you req sent to you more than three months earlier, we may charge a handling fee of $2 for each such copy If yc payment from your personal checking account, we ma charge your credit card account a fee of $ .95 for es and it vnll apply regardless of whether funds are availa~le in your personal checking account to make the pal We maY cha,me, a transaction fee of 3°k (minimum $5), which is aone-time FINANCE CHARGE, on the am financial inshtuhons, and ATMs, wire transfers, money orders, lottery tickets, casino gamine chips, and sine PROVIDIAN legislation, regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any mcreas tax reporting requirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or wnthoul notice rf permitted by law, cancel the Card and your Credit privileges. We may transfer or assign our right to all or some of your payments. if state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Notices. Other notices to ou shall be effective hen deposited. in the mail addressed to ou at the address shown on our records unless a longer notice period is specified in this Ay reement or by law, w~ich period shall start upon mailing. NotYce to us shall be mailed to our address for customer service on your statement (or other addresses we may specify) and shall be effective when we receive it. YOUR, BILLING RIGHTS -• KEEP THIS NOTICE FOR FUTURE USE. ThIS nOtlCe CbntalnS Important InfOrfrlatl0n about yOUf flght3 and OUr reSpOnSlbllltie5 Under the F81r Credit Billing Act. Notil~i Us in Case of Errors or Questions About Your Bill. If you think Lour bill is wrong or,if you need more information about a_ ny transaction on your bill, rite us on a separate sheet, at the address listed in the Bitting Rights Summary on your btll. Write to us as soon as possible. a must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doin so will of preserve your rights. In ydur letter, give us the followingg information: -Your name and Account number. -The dollar amount of the suspectedgerror. - 6escnbe the error and explain, if you can why you believe fhere is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically fromfyour checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days be ore the automatic payment is scheduled to occur. Youl Rights and Our ResponsibiliBes After We Receive Your Written Notice., We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days ,we must either correct the error or explain why,we believe the bill was correct • After we recerye.Yoyr letter; we cannot try to collect any amount you quesfion, or report you as, delinquent. We can continue to bill yoy for the amounf ou question, ins uding finance char~es, and we can apply any unpaid amount against our credit hne. You do not have to pay any questioned amount white we are investigating, but you are s ill obligated to pay the parts of your bill that are no in question. If we find that we made a mistake on your bill, you will not have to pay any ,finance charge related to any questioned amount; If we didn't make a mistake, you may have to pay finance charges, and you will: have to make up the missed payments on the questioned amount. In either case, we will'send you a statement of, the amount you, owe and the date that it is due. , if ou fail to y the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ~0 days 1e~l~ing us that you still refuse to pay, we must tell anyone we you to that question your bill. ,And, we must tell you the name of anyone we reported ou to. ~~//e must tell an one we report you to that tf}e matter has been set led between us when it finally is. If we don t follow these rules, we can t collect~he first $50 of the questioned amount, even if your b II was correct. Special Rule for Credit Card Purchases. If you-have a, problem with the quality of the property or services that you purchased with our credit card and you have tried m good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the oods or services. There are two limitations on this n ht: (a) you must have made the purchase m, your home state, or if not within your home state, wit~in 100 miles of your current marling address; and (b)9the purchase price must have been more than $50. =These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. T5028 _~~„ ~ ~ N fJ ,~ ~s ~ ~ C ~ ,_,~_ ~ ~ ~v ~ ~s~ / mot' _ "ri r Y` ~~ ~ - -. SHERIFF'S RETURN - REGULAR CASE NO: 2001-04136 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS DISQUE PAULA A BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DISQUE PAULA A the DEFENDANT at 1552:00 HOURS, on the 11th day of July 2001 at 643 NORTH EAST STREET CARLISLE, PA 17013-2003 LOREN DISQUE, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before mennthis ,Z 3.t~ day of l__d~ ~ „ 2o-0 l A . D . ~U ,~ Q ~i,~.- ~' Prothonotary ~ So Answers• R. Thomas Kline 07/13/2001 PARK LAW ASSOCIATES Depu Sheriff ~ ,» VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS PROVIDIAN NATIONAL BANK .Plaintiff VS PAULA A DISQUE Defendant NO. 01-4136 PRAECIPE TO SETTLE, DISCONTINUE AND 8ND TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK I7 ~_,. _. I91 °I'N2W lN~l~vYU. tt~~[ui i~ w 3W -Y tva ~ u xrv e.._ d.e iik4daLYh~ v - s.30iCrsFi lm Hl€L LW't5~ bAM33~tluYKWdfG~118e[l$NI4G+: - @. w~ C '-- -, m ~. ~ zz z ~- ~ rv e. ~- : z5< ~~ c. .. ti ~ ~ c~