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HomeMy WebLinkAbout08-2233LADY REMLYN, INC., : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08- oja,53 bviI `TEtm PRAPTI, LLC CIVIL ACTION -LAW Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff and against the Defendant as follows: Unpaid Rent, CAM Charges, Late Fees through April 4, 2008 $25,147.65 Attorney's collection fee (5%) 1,258.11 k Recording Costs 14.50 TOTAL: $20. THE LAW OFFICES OF MICHAEL CHEREWKA BY: )&-Md C&Ok- Michael Cherewka Attorney I.D.# 35073 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 Attorney for Defendant In Accordance with Warrant of Attorney Were -fc ® Per ALm"I "Leslie J?,,dq of pu,r C O++ ?pr cJ remove K?B?? LADY REMLYN, INC, Plaintiff V. PRAPTI, LLC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW COMPLAINT PURSUANT TO Pa.R.C.P. 2951(b) (Confession of Judgment) 1. The Plaintiff, is a Pennsylvania Corporation with offices and a principal place of business at P. O. Box 1123, Camp Hill, Cumberland County, Pennsylvania 17001. 2. Defendant, PRAPTI, LLC, is a Pennsylvania Limited Liability Company with a place of business at 4401 Carlisle Pike, Suite F, Camp Hill, PA 17011. 3. A true and correct photostatic copy of the original instrument duly executed by the Defendant is attached hereto as Exhibit "A" and is made a part hereof. 4. This judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 5. The aforesaid instrument has not been assigned. 6. Judgment on the aforesaid instrument has not been entered in any jurisdiction. 7. The Defendant is in default in that it has failed to pay when due amounts payable as called for in the written instrument, a copy of which is attached hereto as Exhibit "A." 8. As a consequence of the foregoing, the Defendant is liable to the Plaintiff as follows: Rent through March 31, 2009 Rent and CAM Shortfall-April, 2008 Delinquent CAM Charges, Late Fees CAM Charges through March 31, 2009 Ruts Attorney's collection fee (5%) TOTAL: $19,250.00 125.00 822.65 4,950.00 44.50 1,258.11 $26,429.2 ? ap, 405.'7(0 WHEREFORE, Plaintiff, Lady Remlyn, Inc., demands judgment in the sum of Twenty Six Thousand Four Hundred Twenty Dollars and Twenty-six Cents ($26,420.26) against the Defendant, Prapti, LLC, in accordance with the Lease, plus costs, as authorized by the warrant of attorney in the instrument, a copy of which is attached hereto as Exhibit "A". Respectfully submitted, LAW OFFICES OF MICHAEL CHEREWKA BY: UtUA_?_ Michael Cherewka Attorney I.D.# 35073 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 Attorney for Plaintiff VERIFICATION I, Claire Rempel, President of Lady Remlyn, Inc., do verify that I am authorized to make the statements herein and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. aml?) CT Claire Rempel DATED: 04 APRIL 2008 p S {; v co '?. Wc - . W _': co o 1 D r~? " C= co c.a PROTHONOTARY'S OFFICE Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 In accordance with Rule 236 of the Pennsylvania Supreme Court, this is to notify you that the following Judgment was entered against you in this office. PLAINTIFF: Lady Remlyn, Inc. P. O. Box 1123 Camp Hill, PA 17001 DEFENDANT: Prapti, LLC 4401 Carlisle Pike, Suite F Camp Hill, PA 17011 Attn.: Sanjay R. Patel AND Sanjay R. Patel Linda A. Patel 5345 Oxford Circle, Apt. 59 Mechanicsburg, PA 17055 DATE: ?f o8 08 NO. 68- Civil,?47errn 71m? A Pro onotary LADY REMLYN, INC., Plaintiff vs. PRAPTI, LLC Defendant To PRAPTI, LLC, Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - You are hereby notified that on ril 8 2008, judgment by confession was entered against you in the sum of $g 4as. 71, in the above-captioned case. DATE: Prot 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 LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 I hereby certify that the following is the address of the defendant(s) stated in the Retail Lease Agreement: Prapti, LLC 4401 Carlisle Pike, Suite F Camp Hill, PA 17011 )IU1 Attorney for Plaintiff A PRAPTI, LLC, Demandado(s) Por este medio sea avisado que en el dia de de 19_, un fallo por admision fue registrado contra usted por la cantidad de $ del caso antes escrito. Fecha: el dia de de 2008 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 Por este medio certifico que to siguoiente es la direccion del demando dicho en el certificado de residentia: Prapti, LLC 4401 Carlisle Pike, Suite F. Camp Hill, PA 17011 Salzmann Hughes, P.C. BY: David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite I Carlisle, PA 17015 Telephone: (717) 249-6333 Fax: (717) 249-7334 Attorney for Defendant E-mail: dmartineau salzmannhughes com - LADY REMLYN, INC., Plaintiff, V. PRAPTI, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2233 CIVIL ACTION - LAW DEFENDANTS' PETITION TO STRIKE OFF / OPEN CONFESSED JUDGMENT AND NOW this 25 ST day of April, 2008, comes Defendant, Prapti, LLC, by and through its attorneys, Salzmann Hughes, P.C., and respectfully petition this Court to strike off or open the default judgment entered against Defendant on or about April 8, 2008, and in support thereof aver as follows: 1. Plaintiff commenced this action against Defendants on or about April 8, 2008 by entering Judgment by confession, supported by a Complaint that in summary alleges Defendant's default in payment under a lease agreement, being Exhibit "A" to said Complaint (the "Lease"). 2. The Lease requires Plaintiff to provide written notice to Defendant notifying Defendant of any alleged failure of Defendant to comply with its obligations under the Lease prior to such failure becoming an Event of Default as that term is defined in the Lease. 3. The Lease purports to give Plaintiff a right to confess judgment against Defendant only upon an Event of Default. 4. Notice, as required by the Lease, has specific requirements as set forth in Paragraph 19.9 of the Lease, including, but not limited to: a. Notice must be in writing; b. Notice must be delivered by hand or sent by certified mail; C. Notice to Defendant must be delivered to Defendant and to counsel for Defendant. 5. Defendant, through counsel, sent what purported to be Notice dated March 24, 2008, said notice indicates that counsel for Defendant was to be copied on the notice via Certified Mail, as required by the Lease. 6. Said notice was not sent to counsel for Defendant by Certified Mail, as required by the Lease. 7. Counsel for Defendant was not in fact copied on the Notice of Default at all, by hand delivery, Certified Mail, regular Mail or otherwise. 8. Plaintiff failed to give Notice to Defendant as required under the Lease. 9. No Event of Default occurred under the Lease. 10. Because no Event of Default occurred under the Lease, Plaintiff lacked the authority to confess judgment against Defendant. WHEREFORE, Defendant, PARPTI, LLC, respectfully request that this Honorable Court strike off and/or open the confessed judgment entered of record in the above captioned matter and that any and all execution proceedings upon the contested judgment be stayed pending resolution of the Petition to Strike Off / Open Judgment pending such determination. Respectfully Submitted, SALZMANN HUG B David H. Martineau, Esquire Supreme Court ID # 84127 354 Alexander Spring Road, Suite 1 Carlisle, Pennsylvania 17015 (717) 249-6333 Dated: April 30 , 2008 Attorney for Defendant CERTIFICATE OF SERVICE I, David H. Martineau, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania, on the date set forth below: Michael Cherewka, Esquire 624 North Front Street Wormleysburg, PA 17043 Attorney for Plaintiff Date: April ! 2008 SALZMANN HUGHES, P.C. David H. Martineau, Esquire Supreme Court ID # 84127 354 Alexander Spring Road, Suite 1 Carlisle, Pennsylvania 17015 (717) 249-6333 VERIFICATION I, Sanjay R. Patel, being the President of Prapti, LLC, Defendant hereby state that the foregoing Petition is based upon information that has been gathered by my counsel and myself in the preparation for this Petition. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unworn falsification to authorities. Prapti, LLC By: Sanjay R. Patel, President Date: 4- ^ ?C) ()5?- . r?? R a ` -,? _1 ?.? C:.-% C MAY 012008 LADY REMLYN, INC., Plaintiff, v. PRAPTI, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2233 CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this lc; a day of 2008, upon consideration of the accompanying Petition to Strike Off / Open Judgment, it is hereby ORDERED that Plaintiff show cause before the Court on 14 , 2008 at 3 oo o'clock P . M. in Courtroom No. at the umberland County Courthouse, Carlisle, Pennsylvania, why the judgment entered should not be stricken or opened and the Defendants be allowed to pursue their defense of this action. It is further ORDERED that any and all execution proceedings upon the contested judgment entered against Defendant on or about April 8, 2008, be stayed pending resolution of the Petition to Strike Off / Open Judgment. Plaintiff, the Cumberland County Sheriffs Office, and any and all other individuals or entities are accordingly prohibited from further attempts to execute upon said judgment pending further action or decision by this Court. BY THE COURT, yt. ZOOS 1'A Y 13 Ptl 12: 4 9 srlmps - cof I ts rylult Ll;c P4-b. Mv4J,ixx,, 94y M. aeLao4z, LADY REMLYN, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2008 - 2233 PRAPTI, LLC, CIVIL ACTION - LAW Defendant PLAINTIFF'S REPLY TO DEFENDANTS' PETITION TO STRIKE OFF/OPEN CONFESSED JUDGMENT AND NOW this 300'day of May, 2008, comes Plaintiff, Lady Remlyn, Inc., by and through its attorney Michael Cherewka, and respectfully petitions this Court to deny Defendants' Petition, and in support thereof replies as follows: 1. Admitted in part, denied in part. Plaintiff admits it commenced the action against Defendants by entering Judgment by Confession. Plaintiff denies Defendants' summary and instead replies that the Complaint speaks for itself. 2. Denied. The terms and requirements of the Lease are set forth in the Lease, which is attached to the Complaint as Exhibit "A". 3. Denied. The terms and requirements to confess judgment are set forth in the Lease which is attached to the Complaint as Exhibit "A". 4. Denied. The specific requirements of Notice are set forth in the Lease which is attached to the Complaint as Exhibit "A". 5. Denied. It is denied that Defendant sent any Notice. On the other hand, Plaintiff provided several notices of default to Defendant, as follows: a. May 24, 2007 (via hand delivery). See Exhibit "A" attached hereto and made a part hereof. b. October 19, 2007 (via certified mail and first class mail to residence). See Exhibit "B" attached hereto and made a part hereof. c. November 16, 2007 (via hand delivery and first class mail to residence). See Exhibit "C" attached hereto and made a part hereof. d. February 25, 2008 (via hand delivery and first class mail to residence). See Exhibit "D" attached hereto and made a part hereof e. March 24, 2008 (via hand delivery and posting the premises). See Exhibit "B" attached hereto and made a part hereof. 6. Admitted in part, denied in part. It is admitted that a copy of the March 24, 2008 Notice was not sent to counsel for Defendant by Certified Mail. It is denied that sending such copy by Certified Mail is required by the Lease prior to entering Judgement. 7. Denied. Counsel for Defendant was provided with several copies of notices of default as follows: a. October 19, 2007 (via telefax). See Exhibit "B". b. November 16, 2007 (via telefax). See Exhibit "C". c. February 25, 2008 (via telefax). See Exhibit "D". d. March 24, 2008. (By regular mail and later by fax). See Exhibit "E". 8. Denied. Plaintiff delivered Notice to Defendant by hand delivery and by posting the Notice on Defendants' premises as required under the Lease, and as supported by the Affidavit of Service attached hereto as Exhibit "F" and made a part hereof. 9. Denied. There were multiple events of default under the Lease as follows: a. Failure to pay bank fees for Defendant's NSF Checks b. Failure to pay late charges and interest c. Failure to pay CAM charges d. Failure to provide proof of insurance e. Failure to timely pay rental payment due April 1, 2008 which was also paid with a check that was returned for Not Sufficient Funds as acknowledged in email from Defendants' counsel dated April 18, 2008 requesting additional time to pay past due amounts, attached hereto as Exhibit "G" and made a part hereof. Further, Defendant was again in default at the time that Plaintiff's counsel received Defendant's Petition, since Defendant not only paid the May, 2008 rent late, but Defendant also paid again with a check that was returned for Not Sufficient Funds, a copy of which is attached hereto as Exhibit "H" and made a part hereof. 10. Denied. As set forth above, it is denied that default did not occur. Defendant was in default at time of Default Notice, at time Judgment was entered, at time Plaintiff's counsel received Defendant's Petition, and again at time this Reply was prepared. In further reply, paragraph 10 is a statement of law that requires no reply. WHEREFORE, Plaintiff, Lady Remlyn, Inc., respectfully requests that this Honorable Court deny Defendants' Petition to Strike Off/Open Judgment. Respectfully Submitted, THE LAW OFFICES OF MICHAEL CHEREWKA BY: 4/wC64-- Michael Cherewka Attorney I.D.# 35073 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 Dated: May 30, 2008 Attorney for Plaintiff CERTIFICATE OF SERVICE I Michael Cherewka, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Wormleysburg, Pennsylvania, on the date set forth below: David H. Martineau, Esquire 354 Alexander Spring Road, Suite 1 Carlisle, Pennsylvania 17015 June -t, 2008 Law Offices of Michael Cherewka Awwazw? Michael Cherewka Attorney I.D.# 35073 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 VERIFICATION I, Claire Rempel, President of Lady Remlyn, Inc., do verify that I am authorized to make the statements herein and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. -1. POALLO Claire Rempel DATED: ? EXHIBIT "A" Poll If G J To: Sunny Fromm Claire :, ..; May 24, 2007 Re: overdue A second reminder chat the following is due: a) shortage from lost year's CAM $101.22 due w0h Aprrs rent b) Increase in CAM 11rom $400.00 to $425.00 per month due as of Apra and every month thereafto 0-9?? June's check should be $1,65000 for rent, $425.00 for CAM, $50.00 shortage ---- CAM for AprS & May, $101.22 for lost year's shortage for a foialW 226.22 July's rer* and every month after should be $2,075.€ 0 Also, please have your insurance company send me a one page copy of your insurance naming Lady Remlyn Inc. as the insured. A reminder that the rent -is due on the 1'd day of each month. I am uncomfortable calling a Tenant to remind them that the rent Is overdue ...it puts an undue strain on the Landlord /Tenant relationship and I work hard at being there for all Tenants. EXHIBIT "B" October 19, 2007 - Lady Remlyn P.O. Box 1123 Camp Hill, PA. 17001 October 19, 2007 Sanjay IL Patel, Linda A. Patel Owner Prapti. LLC 4401 Carlisle .Pike, Suite F, Camp Hill, PA. 17011 Dear Sunny: I am sending you this lets with deep regret that previous efforts to obtain payment of your rent and Common Area Maintenance have been unsuccessful. You have provided Lady Remlyn be. with three rent checks since September 1s' with insufficient funds. I have had several conversations with you and or your attorney David Maifiaeau in the last six weeks and have been unsuccessful in every instance. With no rent as of September is , you are in default. Please Provide Lady Re mlyn Inc. with a certified check or money order in the amount of $4,150.00 and all future rent checks shall given with same method of payment, Sincerely, Claire Rempel President Cc: Attorney David A ReSideIICe of Mr. UNrrED STATES POSTAL rr ¦ ! Cc OE Cc O _ • Sender. -Please pr it Ln nu a Q N a CF" 1=--i? a 0 o ?a C3 M \7©+! EXHIBIT "C" November 16m, 2007 Lady Remlyn P.O. Box 1123 Camp Hill, PA. 17001 October 19, 2007 Sanjay R. Patel, Linda A. Patel Owner Prapti LLC 4401 Carlisle Pike, Suite F, Camp Hill, PA. 17011 Dear Sunny, As of yesterday, November 15'h, Lady Remlyn had not received November's rent. I am sure that you and your attorney went over the terms of the lease before signing but I would like to remind of the following: a) Article 3.2 allows for a late fees and interest on all late payments. These fees add up to a considerable amount of money when your rent and CAM are not paid in a timely manner. You continue to take advantage of my good nature. I am going to add all fees that are allowed under the terms of this lease. b) Article XV I I allows for all rent and CAM not paid within five days of the first of the month shall be Zeemed an events of default. Please provide Lady Remlyn Inc. a certified check immediately. If payment is not received by Monday November 19&, tins letter serves as your default notice. Sunny, I am a vendor just like all your vendors. I am not your banker. When I don't get paid or I am given repeated NSF checks I can't pay my bills. Also, I have asked over and over again in the last year and a half to provide me with proof of insurance for $1,000.000.00 with " Lady Remlyn" as `named inswcC. You have until November 2P to provide me with a copy of your insurance or I will proceed and purchase this for you and you will then reimburse me. Sincerely, Claire Rempel Cc: Attorney David Martineau (fax) Residence of Mr. & Mrs. Patel Hand delivered to suite EXHIBIT "D" r FAX To David Martineau Fax: 717 249-7334 -- Phone: 717 2,49-6333 Re:?-" Sunny Patel As per your request to be copied on all cc at 4401 Carlisle Pike. P.O. 123 Ca p i PA. ;17011 H 717 99-1182 Frori? ire Rem Paes# 3 Da+: ! February 25th 2008 cc { r end an relating to Sunny Patel and the {remises i ij t f 4 February 25th 2008 -IJ A Lady Remlyn Inc. P.O. Box 1123 Camp Hill, PA. 17001 Sanjay R. Patel, Linda A. Patel Prapti LLC 4401 Carlisle Pike Suite F Camp Hill PA. 17011 Dear Sunny, As of today, Febrnary25Ih2008, Lady Remlyn Inc. nag you: F- a) Article 32 allows for late fees add up to a considerable amount when your rent in adding all fees that are allowed under the terms of b) Also, Article XV l 1 allows # of the first of the month to be Sunny your rent check is no longer enough to rein: have given Lady Remlyn five NSF checks. This is amount of $ 3,711.60 (ren4brte fees to date & C) February 29", 2008. NSF check date: Deposit of new check: 1/1/07 1/18/07 9/1/07 10/23/07 9/24/07 10/23/07 10/03/07 10/23/07 2/01/68 i s received rent. I would like to remind t on all late payments. These fees not paid in a timely manner. I am ad CAM not paid within five days event of default lease. In the last thirteen months you tyment will be received in the W from 2007) no later than I f Bak Ilecs: paid I $10.06 I 10.00 10.00 i $45.00 Late Fees $102.50 $102.50 $103.75 $191.94 $202.31 $103.75 $191.94 $202.31 $103.75 $155.63 1?? 1 I suggest that you give serious attention to Article Sunny, I am a vendor just lice all your vendors. I ax to pay interest on the money that is owed the I.andli i Also, I have asked repeatedly to provide me with Ix "Lady Remlyn" as "named insured". You continue THAT You HAVE No INSURANCE. I will purcl me if I don't see an inmuame policy by Friday Fein suggest that your broker fax me the cover sheet imn sincerely, Claire Rempel e lease. banker unless of course you want atinue to be gut in default F f innance for $1,000-000-00 with my request. I can only ASSUME e this or you and you will then reimburse 29P, 2008. If you do have e I A orney David Martineau (fax) Re*iidence of Mr. & Mrs. Patel Hakrd delivered to smite EXHIBIT "E" 4 Law Offices of Michael Cherewka 624 North Front Street Wormleysburg, Pennsylvania 17043 (717) 232-4701 Fax (717) 232-4774 Prapti, LLC Mr. & Mrs. Sanjay R. Patel 4401 Carlisle Pike 5345 Oxford Circle, Apt. 59 Suite F Mechanicsburg, PA 17055 Camp Hill, PA 17011 (Certified Mail) Attn.: Sanjay R. Patel Linda A. Patel (Hand Delivered & Posted) DEFAULT NOTICE Landlord: Lady Remlyn, Inc. Tenant: Prapti, LLC Guarantors: Sanjay R. Patel & Linda A. Patel Date of Lease: March 3, 2006 Leased Promises: Suite F, 4401 Carlisle Pike, Camp Hill, PA Date of Default Notice: March 24, 2008 Pursuant to Section 19.9 of your above-referenced Retail Lease Agreement, you are hereby given Notice that you are in default under the terms of said Lease as follows: 1. Section 17.1(a). Despite repeated demands from the Landlord, you have failed to pay accrued late charges and interest under Section 3.2. of the Lease, and accrued Common Area Maintenance Costs, in the amount of $822.65 as more specifically described on Exhibit "A" attached hereto. 2. Section 17.1(b). Despite repeated demands from the Landlord, you have failed to provide Landlord with proof of insurance coverage as required under Article 9 of the Lease. Demand is hereby made in accordance with Section 17.1(a) of the Lease for payment in full of the amount set forth in Paragraph 1 ($822.65) of this Notice within five (5) days of the date of this Notice. Demand is further made in accordance with Section 17.1(b) of the Lease for delivery of proof of insurance as set forth in Paragraph 2 of this Notice within fifteen (15) days of the date of this Notice. If you fail to make payment in full on or before March 29, 2008, or fail to provide proof of insurance on or before April 8, 2008, then either failure (or both failures) shall be considered an Event of Default, and pursuant to Section 17.2(a) of the Lease, Landlord shall, in addition to any other rights or remedies it may have: I • accelerate all of the rent and all other sums payable under the Lease for the entire balance of the term of this Lease; and • confess judgment against Tenant for such unpaid and accelerated rent, together with attorney's fees equal to 5% of such amounts. Further, pursuant to the Guaranty executed by Sanjay R. Patel and Linda A. Patel, Landlord shall confess judgment against Guarantors, personally, for all such amounts. Michael Cherewka 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 Attorney I.D. No. 35073 (Attorney for Landlord) Copy of Notice Mail Certified Mail/Retum Receipt Requested To: David H. Martineau, Esq. 2 DELINQUENT PAYMENTS: NSF check date: Deposit of new check: Bank Fees: Late Fees Interest Total 1/1/07 (NSF) 1/18/07 paid $102.50 $8.54 $111.04 9/l/07(NSF) 9/24/07(NSF) $20.00 $103.75 $32.86 $146.61 10/03/07(NSF) 10/23/07 $10.00 1103.75 $16.00 $129.75 2/01/08(NSF) 2/25/08 $45.00 $103.75 $16.00 $164.74 CAM charges for 2007 (with 2006 carry over shortage) Invoice Enclosed $371.73 EXHIBIT "A" AFFIDAVIT OF SERVICE I, the undersigned adult individual, having being duly sworn upon my oath state that I did serve a copy of the attached Default Notice upon Sanjay R. Patel, Member of Prapti, LLC (Tenant), and Sanjay R. Patel (Guarantor), by personally handing him a copy of the Default Notice at the Leased Premises, Suite F, 4401 Carlisle Pike, Camp Hill, Pennsylvania on March, 2008 at J?,b In addition, I posted a copy of said Default Notice at the Leased Premises at the same time and on the same date. eAV-O--') e Printed Name Subscribed and sworn to before me the Undersigned Notary Public on theq2j ?: day of March, 2008. NOTARK SEAL LESLIE G LEACH NotcMry R bW ? m? #WOOM «.w za. 2= EXHIBIT "F" AFFIDAVIT OF SERVICE I, the undersigned adult individual, having being duly sworn upon my oath state that I did serve a copy of the attached Default Notice upon Sanjay R. Patel, Member of Prapti, LLC (Tenant), and Sanjay R. Patel (Guarantor), by personally handing him a copy of the Default Notice at the Leased Premises, Suite F, 4401 Carlisle Pike, Camp Hill, Pennsylvania on March 2008 at _I c, t),2 In addition, I posted a copy of said Default Notice at the Leased Premises at the same time and on the same date. Printed Name Subscribed and sworn to before me the Undersigned Notary Public on thec 2&? day of March, 2008. NOIARIAL SEAL LESLIE G LEACH Notary Puble VKR& YSMMBOROUGKCUYGERLANDCOINRY My Conu pion Expin Jui 28, 2008 EXHIBIT "G" k. PIE: Re: Sunny Patel RE: Re: Sunny Patel Page 1 of 4 ?n (0a From: David Martineau <DMarfineauesalzmannhughes.com> To: "Michael Cherewka, AftomW Subject RE Re: Sunny Patel Date: Apr 18, 2008 4:54 PM Thank you for the response. Sunny has asked me to pass on that he can have the arrears and May's rent by the and of next week Davul7f. Martineau, Esquire SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333 Fax: (717) 249-7334 Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. R constitutes nonpublic information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please no* the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of arty attomay/client or other privilege. From: Michael Cherewka, Attorney [matito:mcestateplanlaw@eardtpnk.net] Serb Thursday, April 17, 2008 5:16 PM To: David Martineau Subject: RE: Re: Sunny Patel David I do not have the authority to extend, and Claire is out of town this afternoon and all day tomorrow-I Can try to call her cell tomorrow if you realty need me to, but I would rather not, especially since the majority of this Is to replace a check he bounced just 2 weeks ago. Mike -Original Message--- From: David Martineau Sent Apr 17, 2008 3:57 PM To: *Michael Cherewks, Attorney" Subject: RE: Re: Sunny Patel Surrey would like to know If he could have until the end of next week to pay this amount. (DavidJT Martineau, Esquire SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333 Fax: (717) 249-7334 Notice: This communication, including attachments, may contain information that is confidential and protected by the altomey/client or other privileges. it constitutes non-public information intended to be conveyed only to the designated recipient(s). if the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended reciplent, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. From: Michael Onerewla, Attorney [matlto:mceswmplanlaw@eaiitdink.net] Sent: Thursday, April 17, 2008 2:25 PM To: David Martineau Subject: RE: Re: Sunny Patel David that number is from small to me from Claire dated April 15th aftsr we talked-it is April rent (rent just had annual increase), plus NSF charges and late fee for April bounced check, plus accrued late fees, NSF charges, etc that Sunny has been ignoring for several months now despite numerous reminders from Claire. Claire has advised me specifically that re-payment of the April rent alone is NOT sufficient to bring him out of default. Mike -Original Message- From: David Martineau Sent Apr 17, 200811:33 AM To: "Michael Chens"a, Attorney" Subject RE Re: Sunny Patel How did you arrive at the arrears figure of $3,142.657 Claus Memo of April 9th had it at $2,303.00. rDavidlf. 'Wartineau, Esquire SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-5333 Fax: (717) 249-7334 Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/dient or other privileges. R constitutes non- public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is http://webmail.pas.earthlink.net/wam/printable jsp?msgid=127245&x=1459245930 05/06/08 . , . RE: Re: Sunny Patel a waiver of any attorney/client or other privilege. Page 2 of 4 n: MidkK4 Cherewla, Attamey [mallto:mcestate*(daw@earthRnk.net] t: Tuesday, April 15, 2008 4:08 PM David Martineau acct: RE: Re: Sunny Patel -here are the arrearages and the costs to make him current: Arrearages $3,142.65 Attomey Fees 500.00 Fling Fees 55.00 TOTAL $3,697.67 on have the check (Bank check or other certified funds) mailed or delivered to my office no later than Friday noon. ank you for your assistance in this matter. Original Message- m: David Martineau it Apr 15, 2005 3:03 PM 'Michael C erewka, Attorney' tjec: RE: Re: Sunny Patel have already told Sunny to move the truck. David M.. Martineau,Esquire IALZMANN HUGHES, P.C. 54 Alexander Spring Road, Suite 1 ;arlisle, PA 17015 'hone: (717) 2496333 ax: (7`17)249--7334 ice: This communication, utduding attachments, may contain information that is oordaiential and protected by the attorney/client or other privileges. it constitutes 1xiblic information intended to be conveyed only to the designated redpient(s). If the reader or recipient of this communication is not the intended recipient, an Aoyee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in ir, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The utttaized use, dissetnihation, distribution, or reproduction of this a-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than intended recipient(s) is not a waiver of any attomey/client or other privilege. m: Michael Cherewla, Attorney [mal[to:mcestatepianiaw@earthlink.net] t: Tuesday, April 15, 2008 3:02 PM David Martineau lecet RE: Re: Sunny Patel I checked our file and your copy old NOT go out certified for some reason-so the process fell down here, not at your office. As to Cte truck, the lease does give the landlord the right to control the common areas, including the parking lot Claire has repeatedly offered him the ability to park the truck In the tr, but he insists on parking it in front, and right nett to the entrance which makes it very ri licuh for other vehicles to enter and leave the parking lot (if you have seen the lot you can deratand how UgN it is around the from enhance and the concerns for an accident, much more than the inconvenience to patrons of the other tanants)and causing a safety issue. 1 i not sure why he refuses to cooperate with the landlord, but since there have been a number of near accidents because of this the landlord feet compelled to take action for safety Claire had arranged to have the truck towed-he has uml the and of today to move lt as a matter of courtesy by Claire since you got involved. However, the towing company has plate number and If it is not moved it WILL be owed. Hopefully he has enough sense to avoid the necessity to low the vehicle-all he has to do is move it to another park of the parking lot which the landlord has repeatedly said can be rd to park tL -Original Message- From: David Martineau Sent Apr 15, 2006 2:27 PM To. "Michael Cherewka, Attorney" Subject RE: Re: Sunny Patel I will inform Sunny. However, the lease allows use of the parking lot and I do not see anything that would not permit hum to park in that lot. Until now, I did not know that he was parking his vehicle there for long periods of time. Afthough I do not believe Sunny is prohibited from doing this, I will ask him not to anyway. I still need a complete figure of what is past due. Also, I received your fax Sunny gave me a copy of that already. Your letter indicated that it was mailed to me by certified mail. I was looking for a copy of the receipt to see who signed for it The letter did not make it to my desk and if I have a problem in my office I need to take care of A. Thanks. DavidM.. Martineau,Esquire SALZMANN HUGHES, P.C. http://webmail.pas.earthlink.net/wam/printable jsp?msgid=127245&x=1459245930 05/06/08 RE: Re: Sunny Patel 4 Alexander Spring Road, Suite 1 isle, PA 17015 1e: (717) 249-6333 (717)249-7334 :e: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. it litutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the ided recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have ived this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without ing or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of arty aftomey/client or other privilege. m: Mk heel Qlerewka, Attorney [mailtD:mcestateplaniaw@earthlink.net] t: Tuesday, April 15, 2008 10:23 AM David Martineau ject: FW: Re: Sunny Patel see attached forwarded from Claire Forwarded Message- m: Claire Rempel it Apr 15, 2008 9:53 AM 'Michael Cherewka, Attorney" i)ect FW: Re: Sunny Patel addressed this email to both you and David Martineau and it his has come back. Please advise him of the contents. ank you, ....... __.......... _............. .... .... . m: Claire Rempel [ma0to:dairerempel@comrasknet] t: Tuesday, April 15, 2008 9:03 AM 'Michael Qterewlm, Attorney; 'davldmartineau@satzmannhughes.com' Jecb Re: Sunny Patel & David, In addition to the issues that you have both discussed yesterday relating to Sunny Patel there is an additional item that needs to be Arnaa.,4 have repeatedly asked Sunny to not park overnight in the parking lot. requests continue to fall on deaf ears. have a relationship with a towing company and intended to have it towed this morning. It has not moved in five days. As a courtesy, I did of tow it today. lease be advised that it will towed tomorrow morning and anytime the Ford E150 (PA. plates YW6399) spends the night on the Dremises. the Hamden Police will be made aware which towing company has been used and Sunny can retrieve the information from them. )avid, please advise Sunny of the above. Rempel Law Offices of Michael Cherewka North Front Street leysburg, PA 17043 net Page 3 of 4 Disclosure: Pursuant to recenlty-enacted D. S. Treasury Department Regulations, we are now required to advise you that, unless otherwise exp, Law Offices of Michael Cherewka North Front Street leysburg, PA 17043 232-4701 tateplanlaw@earthlink.net Disclosure: Pursuant to recenlty-enacted D. S. Treasury Department Regulations, we are now required to advise you that, unless otherwise exprf he Law Offices of Michael Cherewka 24 North Front Street ormleysburg, PA 17043 :7-232-4701 :estateplanlaw0earthlink.net Disclosure: Pursuant to recenlty-enacted U. S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expre: Law Offices of Michael Cherewka North Front Street http://webmail-pas.earthlink.net/wam/printable jsp?msgid=127245&x=1459245930 . . , RE: Re: Sunny Patel Wormleysburg, PA 17043 717-232-4701 mcestateplanlaw@earthlink.net Page 4 of 4 230 Disclosure: Pursuant to recenlty-enacted D. S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expree She Law Offices of Michael Cherewka 624 North Front Street Wormleysburg, PA 17043 717-232-4701 ncestateplanlaw@earthlink.net 230 Disclosure: Pursuant to recenlty-enacted U. S. Treasury Department Regulations, we are now required to advise you that, unless otherwise exprese http://webmail.pas.earthlink.net/wam/printable jsp?msgid=127245&x=1459245930 EXHIBIT "H" ADVICE FOR KRISTIE1505083-206 OFFICE/BRANCH: 22/22 THE FOLLOWING WE ARE CHARGING YOUR ACCOUNT FOR UNPAID AS LISTED HEREIN. A HANDI ITEM HAS BEEN CHARGED TO YOUR ACC UNPAID DEPOSITED ITEMS ACCT. NO. 221868135-0 ACCOUNT TYPE: DEMAND DEPOSITS ITEMS HAVE BEEN RETURNED. ITEMS RETURNED # ITEMS: ING FEE OF $10.00 P AMOUNT: OUNT. FEE: TOTAL: Fceason: NSF Page 1 of 1 05/15/20087 1 $2,300.00. $10.00 $2,310.00-- LADY REMLYN FULTON BANK P 0 BOX 1123 1695 STATE STREET CAMP HILL PA 17001-1123 EAST PETERSBURG PA 17520 *031000040* 05/35/2008 co 6612351612 ° ° This is a LEGAL COPY o f r- your check. You can use 1 t Cr ?„••, „ the same way, you wou 1 d :-??.?-.,s ?? ??? ??; ..,..._? r.;..::. ,.; >..r ?:.:::.i:«m?.?..o,?... use the orignal check. N 1611 m a RETURN REASON -A ° f??01 MF CAtP NLLI.PIt trntt ?tianw NOT SUFFICIENT ti o ?,G` DATES_2_• us FUNDS r% ° % ??)f Ln C3 C3 o 5. C3 C3 Ld.6L?I ? 9?- u DOLLARS Q O ° C3 C3 PNCBANK d m i FOR- r-3 il !--? -- -, V 5412 -&-e- 6A 000 i 6 L ir• v:13313127381: 500 y 48 5106e• ` x'0000 Z 300flfl.' aaw..v..rrsa..sa+.R?.a9.+.s.r..vrr.w+... rs raaa?w-.-.i a-¢.+• vr.w.... va r+.a..?a ?na.s...suws...? wv.a ww+v _ 440 3 i 3 i 2 7 38s: 500 4 413 5 10130 L 6 i 1 @00000 2 30000@1• ? pp iLn LADY REMLYN, INC., Plaintiff V PRAPTI, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2133 CIVIL TERM IN RE: DEFENDANT'S PETITION TO STRIKE OFF/OPEN CONFESSED JUDGMENT ORDER OF COURT AND NOW, this 16th day of June, 2008, this matter having been called for hearing, upon consideration of Plaintiff's reply to Defendant's Petition for reasons appearing on the record, and the defendant having failed to appear at the hearing, it is hereby ordered that the Defendant's Petition to Strike Off/Open Confessed Judgment is DENIED. By the Court, Michael Cherewka, Esquire For the Plaintiff 'David H. Martineau, Esquire For the Defendant :bg Es mar LE L 4./! -?/ds LD?i ,--/- ? - IV4 ' Kevin A. Hess, J. r4 - ' 1Y?y1?+J 9 C -ZI Wd L 1 nr oooz LADY REMLYN, INC., Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2233 PRAPTI, LLC CIVIL ACTION Defendant PRAECIPE FOR WRIT OF EXECUTION To The Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against: PRAPTI, LLC, Defendant; and, 440(oArlizle Pike, Me. F, C ^P WIt PA 1"1011 (3) against: PNC Bank, Camp Hill, Pennsylvania, Garnishee; and (4) upon all property of the defendant; and (5) and index this Writ (a) Against: PRAPTI, LLC, Defendant, and (b) Against: PNC Bank, Camp Hill, Pennsylvania, as Garnishee o1y? S/C ik6 as a lis pendens against the real property of the defendant(s) as follows: None Known. (5) Amount Due $22,644.52 Interest and Costs 52.47 150.00 By: Name: The Law Offices of Michael Cherewka Address: 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 Attorney for: LADY REMLYN, INC., Plaintiff Pa. I.D. No.: 35073 DATED: July 28, 2008 -W }Y} t ':' p?+ f .?,.r f w Q = ? V ? ? - rv ?r ? o h?f "wJ m v "?w.f CO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2233 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LADY REMLYN, INC., Plaintiff (s) From PRAPTI, LLC, 4401 Carlisle Pike, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all 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: PNC BANK, 4242 Carlisle Pike, Camp Hill, PA 17011 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 $22,644.52 Interest $52.47 Arty's Comm % Atty Paid $54.50 Plaintiff Paid Date: 8122108 L.L. $.50 Due Prothy $2.00 Other Costs $150.00 C s R. Lon ono (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL CHEREWKA, ESQUIRE Address: THE LAW OFFICES OF MICHAEL CHEREWKA 624 NORTH FRONT STREET WORMLEYSBURG, PA 17043 Attorney for: PLAINTIFF Telephone: 717-2324701 Supreme Court ID No. 35073 V. d8- aa33 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, Sheriff's Costs: Advance Costs: 358.95 Sheriff's Costs: 358.95 Docketing 18.00 000.00 Poundage 230.45 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 02/19/09 Mileage 19.00 Surcharge 40.00 Levy 40.00 Certified Mail Post Pone Sale Garnishee 9.00 Postage TOTAL $ 358.95 So Answe s; ?, . 3I"' R. Thomas Kline, Sheriff o (r By audia A. Brewbaker c: -T- OZU S0 ?)12 0 ; I V 9 Z 9?1D1 cw'? V$ ?,?a? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2233 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LADY REMLYN, INC., Plaintiff (s) From PR.APTI, LLC, 4401 Carlisle Pike, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all 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: PNC BANK, 4242 Carlisle Pike, Camp Hill, PA 17011 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $22,644.52 Interest $52.47 Atty's Comm % Atty Paid $54.50 Plaintiff Paid Date: 8/22/08 (Seal) REQUESTING PARTY: L.L. $:50 Due Prothy $2.00 Other Costs $150.00 Cat6 R. Lotigrf fo4lono By: Deputy Name bWHAEL CHEIlOi WKA, ESQUIRE Address: THE LAW OFFICES OF MICHAEL CHEREWKA 624 NORTH FRONT STREET WORMLEYSRURG, PA 17043 Attorney for: PLAINTIFF Telephone: 717-2324701 Supreme Court ID No. 35073 SHERIFF'S RETURN - GARNISHEE f' CASE NO: 2008-02233 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LADY REMLYN INC VS PRAPTI LLC And now MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0019:40 Hours, on the 27th day of August , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT PRAPTI LLC in the hands, possession, or control of the within named Garnishee PNC BANK 105 NOBLE BLVD CARLISLE, PA 17011 Cumberland County, Pennsylvania, by handing to SHERI GUTTSHALL (SALES CONSULTANT) personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 ?Vwa-4?144? Surcharge .00 R. Thomas Kline .00 Sheriff of Cumberla my .00 10/02/2008 By ?f Sworn and Subscribed to before me Deputy Sheriff this Day of , A. D. LADY REMLYN, INC., Plaintiff vs. PRAPTI, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2233 : CIVIL ACTION PRAECIPE TO MARK JUDGMENT SATISFIED To The Prothonotary: ISSUE Mark the judgment in the above-captioned matter satisfied of record upon payment of your costs only. Name: Address: Attorney for: Pa. I.D. No.: By: /?GG?WIr•? C??? The Law Offices of Michael Cherewka 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 Lady Remlyn, Inc., Plaintiff 35073 DATED: September 5, 2008 OF f?'ri-{? n 4J`?Vf` ICE ji, 280 APR -- 2 Pig; i2.5 9 $8.0o Pn ??/ C1c, y pqs aa?4 o