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HomeMy WebLinkAbout10-1040. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff VS. MYTU HOFFMAN No. 10 - (040 CIVIL ACTION Defendant PRAECIPE FOR TRANSFER OF JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: l.?ivi l (erw n ° =n C 4? oT •I =°k } y t - rQ c11 ;< Kindly enter judgment in favor of Plaintiff and against the above-named defendant(s), pursuant to Pa.R.C.P.D.J. No.402(D), for failure of defendant(s) to appeal, within 30 days, a judgement entered December 18, 2009 against the above-named defendant(s) before District Justice Mark Martin, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount 4,720.89 Post Judgment Interest (from December 18, 2009 to January 27 2010 at 6% per annum) Payments 0.00 Total 4,720.89 Dated: January 27, 2010 AMATO ASSOCIATES, P.C. By: ald Amato, Esq., Atty ID #323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 $a?.a.5 Qp A-rtY A DEBT COLLECTION LAW FIRM Clx'o973IID 1090427a3h?lg3 COMMONWEALTH OF PENNSYLVANIA Cnl1NTY OF- CUMBERLAND i Vag. Dist. No.: 09-3-05 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FBLUESTONE INVESTMENTS INC. 107 N COMMERCE WAY C/O AMATO & ASSOC, P.C. LBETHLEHEM, PA 18017 J VS. DEFENDANT: NAME and ADDRESS rHOFFMAN, MYTU 124 W PORTLAND ST APT/STE 31 MECHANICSBURG, PA 17055-740.1 L J DocketNo.: CV-0000386-09 Date Filed: 10/05/09 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (7 17 ) 766-4575 17055 ATTORNEY DEF PRIVATE : JUSTIN N. DAVIS 107 N COMMERCE AMATO & ASSOC PC BETHLEHEM, PA 18017 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT J JD(R4ENT PLTF ® Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ 4, 20.8' Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 4,563.69 $ 157.20 $ - $ 4,720.8 Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. c? I I? 10'1 Date ??•v /?? ' `? Magisterial District Judge I certify that this is a true and corr copy of the gcord of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 1/26/10 9:00:00 AM (Date of Judgment) 12/18/09 BLUESTONE INVESTMENTS INC. HOFFMAN, MYTU A t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff No. VS. MYTU HOFFMAN Defendant : CIVIL ACTION CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: c/o Amato and Associates, P.C. 107 North Commerce Way Bethlehem PA 18017 I do certify that the precise last known address of the within named defendant is: 124 W Portland St Apt 31 Mechanicsburg PA 17055-7401 AMATO AND ASSOCIATES, P.C. By: oc-rd Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff VS. MYTU HOFFMAN No. CIVIL ACTION Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned, being duly sworn, according to law, deposes and says that he is unable to determine whether or not the above Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of The Servicemembers Civil Relief Act; That Mytu Hoffman is over 18 years of age, resides at 124 W Portland St Apt 31, Mechanicsburg PA 17055-7401 and is employed; Sworn to and subscribed before me this 10, day of 20110 A.D. NOTARI PUBL GEOFFRZY G vCC:O.'K?C:i Notary Put:lo HA%OVER TOWNSHIP, NORTHAMPTON C% Y Vy Commission Expires March 20, 2012 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff No. !D VS. MYTU HOFFMAN CIVIL ACTION Defendant NOTICE OF JUDGMENT DA,j't l lean (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $ 4,760.8q ON FSb 9 , 2010. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY - CUMBERLAND COUNTY Per: If you have any questions concerning the above, please contact the undersigned. AMAT ASSOCIATES, P.C. By: onald Amato, Esq., Atty ID #32 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM . / r' Raymond J Spellman 327 Morris Avenue Boonton, New Jersey 07005 973-335-8001 Defendant + r 2G4D J.... -7 ~°~ ~' i ,, ; ~~..'i~'.~. _ ~ .<<ti t` EXPRESS DYNAMICS, LLC d/b/a WORKXPRESS, IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. CIVIL ACTION -LAW No. 10-1040 Civil RAYMOND SPELLMAN, Defendant. To: Robert J. Tribeck Rhoads & Sinon LLP Twelfth Floor One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 DEFENDANT'S SECOND SET OF INTERROGATORIES Defendant hereby makes demand that the Plaintiffs answer the following Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure 4001 et seq. These Interrogatories must be answered as provided in Pa. R.C.P. 4006 and the Answers must be served on all other parties within thirty (30) days after the Interrogatories are deemed served. 1 ~~ DEMAND is hereby made by Defendant RAYMOND J SPELLMAN, for answers, under oath or certification, to the following Interrogatories within the time and in the manner prescribed by the rules of this Court. Dated: July 6, 2010 These Interrogatories are deemed to be continuing as to require the filing of Supplemental Answers promptly in the event Plaintiff learns additional facts not set forth in its original Answers or discover that information provided in the Answers is erroneous. Such Supplemental Answers may be filed from time to time, but not later than 30 days after such further information is received, pursuant to Pa. R.C.P. 4007.4. These Interrogatories are addressed to you as a party to this action; your answers shall be based upon information known to you or in the possession, custody or control of you, your attorney or other representative acting on your behalf whether in preparation for litigation or otherwise. These Interrogatories must be answered completely and specifically by you in writing and must be verified. The fact that investigation is continuing or that discovery is not complete shall not be used as an excuse for failure to answer each interrogatory as completely as possible. The omission of any name, fact, or other item of information from the Answers shall be deemed a representation that such name, fact, or other item was not known to Plaintiffs, their counsel, or other representatives at the time of service of the answers. 2 DEFINITIONS As used herein the following terms shall have the meanings indicated: "DEFENDANT" means RAYMOND SPELLMAN "PLAINTIFF," "you" or "your", unless otherwise stated, means EXPRESS DYNAMICS, LLC d/bla WORKXPRESS, its agents, representatives, attorneys, etc. "DOCUMENT": shall mean the original and any copy, regardless of origin or location, of any book, pamphlet, periodical, letter, memorandum, telegram, report, record, study, handwritten note, working paper, chart, photograph, index, tape, data sheet or data processing card or any other written, recorded, transcribed, punched, taped, filmed or graphic matter, however produced or reproduced, to which you have or had access. "PERSON": shall include natural persons, proprietorships, corporations, partnerships, groups, associations, and organizations. "INCLUDING" means including but not limited to. "ORAL COMMUNICATION": shall mean any utterance heard by another person, whether in person, by telephone or otherwise. "IDENTIFY": when used in reference to an individual person shall mean state his full name, residence address, present or last known position and business affiliation and his position and business affiliation at the time in question. "IDENTIFY": when used in reference to a corporation shall mean state its full name and the address of its principal office. 3 "IDENTIFY": when used in reference to a document shall mean state the date, author or originator, subject matter, addressee(s), type of document, (e.g., letter, memorandum, telegram, chart, etc.) or some other means of identifying it, and its present location and custodian. If any document was but is no longer in your possession or subject to your control, state what disposition was made of it. 4 INSTRUCTIONS A. When answering the following Interrogatories, provide any and all information either in your possession, under your control, within your dominion or available to you, regardless of whether this information is in your personal possession or possessed by our agents, servants, employees, representatives or others with whom you have a relationship and are capable of deriving information, documents or material. B. If you cannot answer any of the following interrogatories in full, after exercising due diligence to secure the information to do so, answer to the extent possible and specify the reason for your inability to furnish a complete answer. If only a portion of an Interrogatory cannot or will not be answered provide the fullest answer to the Interrogatory and thereafter specifically set forth (a) the fact that the answer is incomplete; and (b) the reason or grounds for any omission and/or refusals to complete. If any document was but is no longer in your possession or subject to your control, state what disposition was made of it. C. Each interrogatory calls not only for your knowledge, but also for all knowledge that is available to you through reasonable inquiry, including inquiry of your representative(s) or agent(s). D. If you withhold information, based on a claim that such information is privileged, you must (1) state the exact nature of the privilege you are claiming, and (2) support your claim by describing the nature of the information you are withholding. 5 INTERROGATORY 1. Identify your full name and alias(es), address (and all addresses for the last five (5) years), age, Social Security Number, your employer's name and address and title or position of the person answering these Interrogatories on behalf of Plaintiff's and state the authority vested in said individual to answer same. In the event that different persons are answering specific questions contained in these sets of interrogatories, please set forth the information requested in this question under that answer provided for each question below. 2. In ¶ 2 of your Answer To Defendant's First Set of Interrogatories Directed to Plaintiff you identify "Treff LaPlante," "Raymond Spellman" and "Marc Kaufman" as individuals who have knowledge of any relevant facts relating to this case. Further, in ¶ 20 of Plaintiff's Complaint For Declaratory Judgment, Plaintiff alleges that, "WorkXpress denies that Defendant is entitled to any additional payments and that it had the unfettered discretion to terminate the oral agreement with Defendant at will." For each such individual identified above please state what fact the individual has that allows Plaintiff to "terminate the oral agreement with defendant at will." A complete answer will include the date that the individual learned of the fact(s); what specified place and time that the fact was learned; all people present at the place that the fact was learned; what specific fact the individual knows, and identify each document which discusses, refers to, or in any way pertains to the information contained in the said allegation. 6 3. In ¶ 2 of your Answer To Defendant's First Set of Interrogatories Directed to Plaintiff you identify "Treff LaPlante," "Raymond Spellman" and "Marc Kaufman" as individuals who have knowledge of any relevant facts relating to this case. Further, in ¶ 31 of Plaintiff's Complaint For Declaratory Judgment, Plaintiff alleges that, "The law is clear that, if a contract does not specify a definite time or prescribed condition that determine the duration of the relationship, the contract may be terminated by either party at will." In ¶ 32 of Plaintiff's Complaint For Declaratory Judgment, Plaintiff alleges that, "Here, the oral agreement between WorkXpress and Defendant does not specify, and has never specified, that the agreement is for a definite time, nor does the agreement prescribe conditions that determine the duration of the relationship." For each such individual identified above please state what fact the individual has that allows Plaintiff to "terminate the oral agreement with Defendant at will." A complete answer will include the date that the individual learned of the fact(s); what specified place and time that the fact was learned; all people present at the place that the fact was learned; what specific fact the individual knows, and identify each document which discusses, refers to, or in any way pertains to the information contained in the said allegation. 4. In ¶ 31 of Plaintiff s Complaint For Declaratory Judgment, Plaintiff alleges that, "The law is clear that, if a contract does not specify a definite time or prescribed condition that determine the duration of the relationship, the contract may be terminated by either party at will. In ¶ 32 of Plaintiffs Complaint For Declaratory Judgment, Plaintiff alleges that, "Here, the oral agreement between WorkXpress and Defendant does not specify, and has never specified, that the agreement is for a definite time, nor does the agreement prescribe conditions that determine the duration of the relationship." Please state, with a yes or no answer, whether the agreement between Plaintiff and Defendant requires Plaintiff to share revenues with Defendant for perpetuity? 7 5. In ¶ 31 of Plaintiff's Complaint For Declaratory Judgment, Plaintiff alleges that, "The law is clear that, if a contract does not specify a definite time or prescribed condition that determine the duration of the relationship, the contract may be terminated by either parry at will. In ¶ 32 of Plaintiff's Complaint For Declaratory Judgment, Plaintiff alleges that, "Here, the oral agreement between WorkXpress and Defendant does not specify, and has never specified, that the agreement is for a definite time, nor does the agreement prescribe conditions that determine the duration of the relationship." Please state why Plaintiff would withhold money from Defendant until Plaintiff received the funds from Servolift. 6. In ¶ 31 of Plaintiff s Complaint For Declaratory Judgment, Plaintiff alleges that, "The law is clear that, if a contract does not specify a definite time or prescribed condition that determine the duration of the relationship, the contract may be terminated by either party at will. In ¶ 32 of Plaintiff's Complaint For Declaratory Judgment, Plaintiff alleges that, "Here, the oral agreement between WorkXpress and Defendant does not specify, and has never specified, that the agreement is for a definite time, nor does the agreement prescribe conditions that determine the duration of the relationship." Please state how much money would be due Defendant from Plaintiff if Servolift stopped making payments to Plaintiff altogether. 8 7. In ¶ 31 of Plaintiffs Complaint For Declaratory Judgment, Plaintiff alleges that, "The law is cleaz that, if a contract does not specify a definite time or prescribed condition that determine the duration of the relationship, the contract may be terminated by either party at will. In ¶ 32 of Plaintiffs Complaint For Declaratory Judgment, Plaintiff alleges that, "Here, the oral agreement between WorkXpress and Defendant does not specify, and has never specified, that the agreement is for a definite time, nor does the agreement prescribe conditions that determine the duration of the relationship." Please state the length of the term of the contract between Servolift and Plaintiff. A complete answer will include the length of the term of the contract between Servolift and Plaintiff; whether the contract has an automatic renewal clause and what money, if any, would be due Defendant should Servolift cancel or not renew the contract between it and Plaintiff and each document which addresses the length of the term and or renewal clause in the contract between Servolift and Plaintiff. 8. In ¶ 3 of Plaintiff s Complaint For Declazatory Judgment, Plaintiff alleges that the agreement between Plaintiff and Defendant, ". .arises under the laws of the Commonwealth of Pennsylvania .." Please state why Plaintiff believes that the agreement between the Plaintiff and Defendant was ratified in Pennsylvania. A complete answer will include with specificity the date, time and location that the agreement was reached in Pennsylvania; the identity of each witness with knowledge relative to this and of the alleged ratification of the agreement; how you claim the agreement was ratified and by what means the agreement was ratified and each document which addresses that Pennsylvania was the location that the agreement was ratified. 9 9. Please state with specificity what prior knowledge Plaintiff or their employees or agents had of Servolift prior to 2005. A complete answer will include the identity of each witness with knowledge of the relationship and each document which discusses, refers to, or in any way pertains to Interrogatory 9 above. 10. Exhibit A, Letter From Treff LaPlante to Defendant, dated August 24, 2009 states, "As you know, our prior agreement established few if any precise terms and conditions for the relationship, and as such, we feel it is imperative that in order to continue forward we transition you to a formalized agency or value added reseller status." Please state what specific and precise terms and conditions govern the agreement between Plaintiff and Defendant. A complete answer should include the date, time and location that the agreement was reached, the entire terms and conditions of the agreement, the identity of each witness with knowledge relative to the agreement; and each document which addresses that Pennsylvania was the location that the agreement was ratified. 11. Exhibit A, Letter From Treff LaPlante to Defendant, dated August 24, 2009 states, "As you know, our prior agreement established few if any precise terms and conditions for the relationship, and as such, we feel it is imperative that in order to continue forward we transition you to a formalized agency or value added reseller status." Please state why Plaintiff entered into any agreement that had "few if any precise terms and conditions" with Defendant. 10 12. Exhibit A, Letter From Treff LaPlante to Defendant, dated August 24, 2009 states, "As you know, our prior agreement established few if any precise terms and conditions for the relationship, and as such, we feel it is imperative that in order to continue forward we transition you to a formalized agency or value added reseller status." Please state why Plaintiff felt it was necessary to "transition" Defendant to a formalized agency or value added reseller account." A complete answer should include what issue arose that affected the partnership between Plaintiff and Defendant making Plaintiff believe it was necessary to "formalize" the agreement; what issues or complaints Servolift may have had with Defendant, the identity of each witness with knowledge relative to the agreement; and each document which addresses Interrogatory 12. 13. Exhibit A, Letter From Treff LaPlante to Defendant, dated August 24, 2009 states, "Although we have offered and remain interested in providing that documentation to you for your review so that we can precisely define the terms and conditions for our relationship, to date, you have refused to even review that documentation. We have received no response from you indicating your willingness to cooperate in this regard. Please state why the Defendant had any obligation to "precisely define the terms and conditions for [the] relationship. A complete answer should include what terms and conditions of the contract forced Defendant to define the terms and conditions for [the] relationship; what issues or complaints arose that made further clarification of the agreement necessary; the identity of each witness with knowledge relative to the agreement; and each document which addresses Interrogatory 13. 11 14. Exhibit A, Letter From Treff LaPlante to Defendant, dated August 24, 2009 states, "If you fail to respond to this final request to consider formalizing our arrangement, then we will consider our relationship to have been terminated by you." Please state why the Defendant had any obligation to "respond to this final request to consider formalizing our arrangement." A complete answer should include what terms and conditions of the contract forced Defendant to formalize or change any terms and conditions of the agreement; what issues or complaints arose that made further "formalization" necessary; the identity of each witness with knowledge relative to the agreement; and each document which addresses Interrogatory 14. 15. Exhibit A, Letter From Treff LaPlante to Defendant, dated August 24, 2009 states, "If you fail to respond to this final request to consider formalizing our arrangement, then we will consider our relationship to have been terminated by you." Please state why the Plaintiff did not simply terminate the agreement with Defendant on the date the contract was signed between Servolift and Defendant keeping all of the funds generated from Servolift for themselves. 16. Exhibit A, Letter From Treff LaPlante to Defendant, dated August 24, 2009 states, "If you fail to respond to this final request to consider formalizing our arrangement, then we will consider our relationship to have been terminated by you." Please state why the Plaintiff did not simply terminate the agreement with Defendant if they believed they had the right to on August 24, 2009. 12 17. Exhibit A, Letter From Treff LaPlante to Defendant, dated August 24, 2009 states, "If you fail to respond to this final request to consider formalizing our arrangement, then we will consider our relationship to have been terminated by you." Please state why the Plaintiff waited until the filing of the Declaratory Complaint on February 9, 2010 by Rhoads and Sinon, attorneys for Plaintiff, before making the claim that Plaintiff "had the unfettered discretion to terminate the oral agreement with Defendant at will." A complete answer should include why Plaintiff would consider the "relationship to have been terminated by [Defendant];" what terms and conditions of the contract forced Defendant to formalize or change any terms and conditions of the agreement or else the agreement would be terminated due to inaction of the Defendant; what issues or complaints arose that made further "formalization" necessary; the identity of each witness with knowledge relative to the agreement; and each document which addresses Interrogatory 17. These Interrogatories are continuing in nature and it is specifically demanded that all information coming to your attention subsequent to the completion of your answers to these Interrogatories be promptly made available to Defendant. You should take notice that Defendant will object at trial to the introduction of evidence regarding any matters inquired of on these Interrogatories are not revealed n a timely manner. 13 Treff LaPlante WorkXpress 453 Lincoln St. #114 Carlisle, PA 17013 Ray Spellman 327 Morris Avenue Boonton, New Jersey 07005 August 24, 2009 Dear Ray, As stated in previous communications, your status as a partner of WorkXpress has been suspended since the end of March, due entirely to your lack of response regarding the type of partner you were electing to continue forward as. As you know, our prior agreement established few if any precise terms and conditions for the relationship, and as such, we feel it is imperative that in order to continue forward we transition you to a formalized agency or value added reseller status. Although we have offered and remain interested in providing that documentation to you for your review so that we can precisely define the terms and conditions for our relationship, to date, you have refused to even review that documentation. We have received no response from you indicating your willingness to cooperate in this regard. If you fail to respond to this final request to consider formalizing our arrangement, then we will consider our relationship to have been terminated by you. Kind Regards, Treff LaPlante cc: Kevin M. Gold, Esquire (via email) 739338.1 ~~~ ~ / % CERTIFICATION I hereby certify that the copies of the reports annexed hereto rendered by proposed expert witnesses are exact copies of the entire report or reports rendered by them; that the existence of other reports of said experts, either written or oral, are unknown to me, and if such become later known or available, I shall service them promptly on the propounding party. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. BY: TREFF LAPLANTE Dated: 14