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Home My WebLink About07-5704IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff No: d7- j7p? bvi ( TrM Vs. COMPLAINT IN CIVIL ACTION TINA L LOWE Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 175 South Third Street Ste 900 Columbus, OH 43215 (614) 801-2600 FAX: 614-801-2601 05777568 C J Gro SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. Civil Action No TINA L LOWE Defendant COMPLAINT AND NOTICE TO DEFEND 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 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is CITIBANK (SOUTH DAKOTA) NA with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota, 57117. 2. Defendant is adult individual(s) residing at the address listed below: TINA L LOWE 2103 LOGAN ST CAMP HILL, PA 17011 3. Plaintiff is a national banking association, engaged in consumer lending through the issuance of credit cards. 4. Pursuant to Defendant's request, Plaintiff furnished to the Defendant a credit card account (hereinafter account) bearing account number 5424180415444642 . 5. Plaintiff kept accurate running records of all debits and credits to the Account. 6. Plaintiff mailed to Defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Defendant's actions as set forth above constituted an account stated between parties for the sum of $15241.55 , which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , TINA L LOWE , INDIVIDUALLY , in the amount of $15241.55 with continuing interest thereon at the rate of 6.000% per annum from date of judgment plus costs. R A James6Z. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 175 South Third Street Ste 900 Columbus, OH 43215 (614) 801-2600 FAX: 614-801-2601 05777568 C J Gro SJS 09/07/07 $15241.55 $15241.55 SITE:KC-CL TM:CO-5000 08/27/07 'Sf?h?-?:::F7Sf;==_72Eci£=_::: :r:I?f>f:: ?Ectil2tEt=::x: :'56fA==i!tNl-'f_':fitt?:_c: CITI CARDS PO BOX 183059 TINA L LOWE COLUMBUS, OH ATTNY ACCOUNT-CODE=LE14 43218-3059 CAMP HILL PA 17011-3847000 i Citi Simplicity- Cash Card a ti ACID:KCB3104 21:06:22: Account Number 5424 1804 1544 4642 Customer Service: 1-866-696-5673 Total Credit Line Available Credit Line Cash Advance Limit Available Cash Limit New Balance $12210 $0 $7900 $0 $15241.55 BOX 6500 Statement/ Amount Over Purch/ Adv Minimum SIOUX FALLS, SD Closing Date Credit Line Past Due D Minimum ue Amount Due 57117 08/14/2007 $3031.55 $5947.92 $228.00 $15241.55 saw Date Poet Date Category Activity Skm Last Statement Amount If your 'Total Cash Back Available' balance is at least $50, call us at 1-866-676-4672 or go to www.citicards.com so that we may send you a check. Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. EXHIBIT ?A - Previous (+) Purchases (-) Payments (+) FINANCE (_) New Account Summary Balance & Advances & Credits CHARGE Balance PURCHASES $15,241.55 0.00 0.00 0.00 $15,241.55 ADVANCES $0.00 0.00 0.00 1 1 0.00 1 $0.00 TOTAL $15,241.55 0.00 0.00 0.00 $15,241.55 Days Th is Blllin Period: 32 Rate Summary Balance Subject t o Periodic Nomina ANNUAL Finance Charge Rate APR PE RCENTAGE RATE PURCHASES Standard Purch $0.00 0.08833%(D) 32.240% 32.240% Offer 4 $0.00 0.08833%(D) 32.240% 32.240% ADVANCES Standard Adv $0.00 0.08833%(D) 32.240% 32.240% Verification I, Shauna Hougnton , am an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff CITIBANK (SOUTH DAKOTA) N.A. retained to perform services including but not primarily limited to collecting delinquent debt. I am authorized to make this verification as attorney-in-fact for plaintiff under powers of attorney from plaintiff to Citicorp Credit Services, Inc., (USA) and to me. The foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. Shauna Houghton Defendant's name : TINA L LOWE Client's acct number: 5424180415444642 WWR#05777568 Z, 7 == (fl i DO U3 D ?r -- SHERIFF'S RETURN - REGULAR CASE NO: 2007-05704 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS LOWE TINA L KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LOWE TINA L the DEFENDANT at 2004:00 HOURS, on the 8th day of October , 2007 at 2103 LOGAN STREET CAMP HILL, PA 17011 by handing to PHILLIP LOWEM HUSBAND 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 Service Affidavit Surcharge 4. /1/0407 So Answers: 18.00 14.40 .00 10.00 R. Thomas Kline .00 42.40 10/09/2007 WELTMAN WEINBERG REIS Sworn and Subscibed to before me this of By. day A. D. ,• Y % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. TINA E LOWE Defendant No. 07-5704-CIVIL PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05777568 Judgment Amount $ 15241.55 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. R ?l ti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. TINA E LOWE Defendant TO THE PROTHONOTARY: Civil Action No. 07-5704-CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, TINA E LOWE above named, in the default of an Answer, in the amount of $15241.55 computed as follows: Amount claimed in Complaint $15241.55 Interest from date of judgment at the legal interest rate of 6% per annum TOTAL $15241.55 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. t? By: WILLIAM T. MOLCZ N, ESQUIRE PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05777568 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 2103 LOGAN STREET, CAMP HILL, PA 17011 ? Y i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff TINA L LOWE Defendant(s) IMPORTANT NOTICE TO: TINA L LOWE 2103 LOGAN ST CAMP HILL,PA 17011 !! Date of Notice: a 1 WWR#: 05777568 Case # `T' 511-l..?v i L 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 SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY PATRIC THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 • M IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. TINA E LOWE Defendant Case no: 07-5704-CIVIL NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, TINA E LOWE is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, TINA E LOWE is not in the military service. Further Affiant sayeth naught. 4A ? ?'? AFFIANT SW RN T ND SUBSCRIBED ?' my presence this day -? f _ I _V, of ??n?E/iL11i OF PENNS-? IA NOTARY PUB I S tit tom:: 109K o? 40" CIt> nl' (Xyy This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-03-2007 06:23:30 -K Last Name First/Middle Begin Date Active Duty Status Service/Agency LOWE TINA Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 14 0 ANt fit. NOV_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mij __gjpis/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/3/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BRTMPGZXKYQ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/3/2007 4 O 0 04 .? b , =z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. TINA E LOWE Defendant Civil Action No. 07-5704-CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $15241.55 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By. ) PRO*TO NOTARY (OR D E P U TINA L LOWE 2103 LOGAN ST CAMP HILL,PA 17011 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t" Avenue, Pittsburgh, PA 15219 1-888-434-0085 W4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. TINA L LOWE Defendant No. 07-5704-CIVIL PRAECIPE FOR WRIT OF EXECUTION (LEVY ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5777568 , ,, V# IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. TINA L LOWE Defendant Civil Action No. 07-5704-CIVIL a? lo'k Pc` ?. oat P d" PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against TINA L LOWE, Defendant, 4103 u5ma S+ c""F' l o' PA 1-1011 3. Judgment Amount Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 15241.55 $ 230.50 $ 15472.05 WELTMAN, WEINBERG & REIS CO., L.P.A. By: ??4 William T. Molczarjo?Esquire PA I . D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5777568 ?» u? try C,t, ? p 0 0 0 0 0 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5704 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK (SOUTH DAKOTA) NA, Plaintiff (s) From TINA L. LOWE, 2103 Logan Street, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of the defendant. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $15,241.55 Interest -- $230.50 Atty's Comm % Atty Paid $161.40 Plaintiff Paid Date: 3/27/08 L.L. $.50 Due Prothy $2.00 Other Costs Curd's-R. Long, P onotary (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 By: Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 75.99 Docketing 18.00 74.01 Poundage 1.49 Advertising Refunded on 11/05/08 Law Library .50 Prothonotary 2.00 Milage 14.00 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee So Answers, 75.99 V 1r Jz?r?ag R. T Kline, She ' ff By L ? :11 d L Z W 061 HS 0 \i V O ? crL G ? 8'r? iZ? a 17 S? 9 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENTNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5704 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK (SOUTH DAKOTA) NA, Plaintiff (s) From TINA L. LOWE, 2103 Logan Street, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of the defendant . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $15,241.55 Interest -- $230.50 Atty's Comm % Atty Paid $161.40 Plaintiff Paid Date: 3/27/08 L.L. $.50 Due Prothy $2.00 Other Costs Curtis R. ong, Pro (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412434-7955 By: Deputy Supreme Court ID No. 47437 r ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff VS. Civil Action No. 07-5704-CIVIL TINA L LOWE Defendant PRAECIPE FOR APPEARANCE Kindly enter our appearance on behalf of the Plaintiff in the above captioned matter. BURTON NEIL, .t IC By: Ya Wei in, quire PA I.D. Drive, Suite 170 10 r/wd West ester, PA 19380 (610) 692-2120 PRAECIPE FOR WITHDRAWAL OF APPEARANCE Kindly withdraw our appearance on behalf of the Plaintiff in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. v? By: William T. Molcza ,47437 436 Seventh Aven , Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 r-a ??,-t G "?, ? ?, ? ^ r ; , L? ? ? .«?£. ? 1I" i - Y 2010 AN 27 Arl 11: 46 I!%? y Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TINA L LOWE : NO. 07-5704-CIVIL Defendant : CIVIL ACTION - LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied on payment of your costs only. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. W-22507 .k fir. of ti-14- r L Jx