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HomeMy WebLinkAbout13-1550 x � CAPITAL ONE BANK (USA), NA In the Court of Common Pleas of c/o Edwin A. Abrahamsen & Assoc. CUMBERLAND County, Pennsylvania 120 North Keyser Ave. Civil Division Scranton, PA 18504 _ Plaintiff NO: I3- I 550 IVt �� vs. BRITTANIE A GEORGE PRAECIPE FOR ENTRY OF JUDGMENT '-r� 28 MCBRIDE AVE c_ CARLISLE PA 17013 -1941 Defendant y To the Prothonotary of CUMBERLAND County: I) Enter Judgment on the attached Certified copy of Judgment from a District Justice. A) Date of instrument: July 12, 2012 B) Amount of Judgment: $1,599.28 C) Interest From: July 12, 2012 2) Enter the judgment in favor or the original holder, or (unless expressly forbidden in the instrument) in favor of the assignee or other transferee: �) I hereby certify that the address of the plaintiff is: CAPITAL ONE BANK (USA), NA c/o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. Scranton, PA 18504 4) I hereby certify that the address of the defendant is: BRITTANIE A GEORGE 28 MCBRIDE AVE CARLISLE PA 17013 -1941 / Michael ` . Ratc ford, Es uir Attorney for Plaintiff Michael F. Ratchford, Esquire Edwin A. Abrahamsen & Associates, P.C. 120 N. Keyser Ave 015 Pb AT Scranton, PA 18504 570- 558 -5510 Ext. 101 & °1 (03) to Attorney ID 86285 C-11 o8i99 F I�O-Fl I e d COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -2 -02 Capital One Bank (USA), N.A. MDJ Name. Honorable Jessica Brewbaker V. Address 18 North Hanover Street, Suite 106 Brittanie A George Carlisle, PA 17013 Telephone: 717-240-6564 Attorney Michael F. Ratchford, Esq. Docket No: MJ- 09202 -CV- 0000092 -2012 Edwin A. Abrahamsen & Associates, P.C. Case Filed: 5/25/2012 120 N. Keyser Avenue Scranton, PA 18504 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09202 -C\ /- 0000092 -2012 Capital One Bank (USA), N.A. Brittanie A George Judgment for Plaintiff 07/12/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Brittanie A George $0.00 $1,599.28 $1,599.28 Capital One Bank (USA). N A $0.00 $0.00 $0.00 Judgment Detail ( 'Post Judgment) In the matter of Capital One Bank (USA), N.A. vs. Brittanie A George on 7/12/2012 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,501.78 $1,501.78 Costs $0.00 $97.50 $97.50 Grand Total: $1,599.28 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT 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. R� A w x Date agisterial District Judge Jessica Brewbaker I certify that this is a true and correct copy of the r cor of the procee i gs co amm, the judgment. Date Ul ist rial District Judge MDJS 315 Page 1 of 2 Panted: 07/12/2012 1:50:29PM Capital One Bank (USA), N.A. Docket No.: W- 09202 -CV- 0000092 -2012 v. Brittanie A George Participant List Plaintiff(s) Capital One Bank (USA), N.A. c/o Edwin A. Abrahamsen & Associates, PC 120 N Keyser Avenue Scranton, PA 18504 Defendant(s) Brittanie A George 246 W Pomfret St Carlisle, PA 17013 Complainant's Attorney(s) Attorney Michael F. Ratchford, Esq. Edwin A. Abrahamsen & Associates, P.C. 120 N. Keyser Avenue Scranton, PA 18504 MDJS 315 Page 2 of 2 Pr nted 07/12/2012 1:50:29PM CAPITAL ONE BANK (USA), NA In the C'' -ourt of Common Pleas of c/o Edwin A. Abrahamsen & Assoc. CUMBERLAND County, Pennsylvania 120 North Keyser Ave. Civil Division Scranton, PA 18504 Plaintiff NO: vs. BRITTANIE A GEORGE AFFIDAVIT UNDER SOLDIERS AND SAILORS 28 MCBRIDE AVE RELIEF CIVIL RELIEF ACT OF 1940 AS CARLISLE PA 17013 -1941 AMENDED Defendant State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): BRITTANIE A GEORGE is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): BRITTANIE A GEORGE is(are) older than eighteen years of age; That the employment status of the defendant(s): BRITTANIE A GEORGE is(are) unknown. i' ich el V Ratchfor , E quire Subscribed before me this day of io Notary Public C OMMONW EAL irI O r PENNSYLVANIA Notarial ae+j� -_ � Micnaei C S ^wa Notary Public Plains 7wP., i.uzerr a County i My Go Fxpirrr. J 24, 2014 MP_!` bpr A n i; tt-1 of 111"rie- a_ s of Mar -15 2013 07398 I )eoartment of (.1'P nse Manpower Data Center ;CH .4 31,7 l a x Yursuan[ to Servicememb4rs Civill Relief a Last Name: GEORGE First Name: BRITTANIE Middle Name: Active F Status As Of: Mar - -2 013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status service Component NF NA No ', NA 7 his response reflects the individuals' active duty status based on the Active Duty Status Date_ Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status _ - _ Service Component NA. NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component ._..__. —_ –.. NA — NA No NA Tt response reflects whether the individual or histher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps. Air Force, NOAA. Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report 'or Active Duty- HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT T;1AT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL A iA tk Mary M. Snavely - Dixon, Director Departmenr of Defense - Manpower Data Center 4800 Mark Center Drive. Suite 04E25 Arlington_ VA 22350 ;,c > ens, Mar C it.A Cc . t�, ri) is an organization ofthe Departmr rt or Dr;fense (Dot)) that maintains tre Delens and FligibiIity rt� is '5 . D't_�_ ai �t ,rich is the official source of data on ehoi , ry for ;li%ity - nocical care and other elioibilk!' u ass. l ho Dof) strongly supports the enforcement of the Servicemembers Civil Relief Act X50 USC App. § 501 et sec, as amended) ;`.CFA) (tormerly known as "ne Soldiers and Sailors' Civil Relief Act of 19401. DMDC has issued hundreds of thousands of "does not possess any information indicating that the ndividr,al is currently on active duty' responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, fine rid. or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protectons of the SCRA- you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the defensehnk mil" URL: http: /,www.deferiselink .mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and vo.i "ail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). I his respon_;e reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notificaion to report for active duty or the lctive Duty Status Date More information on "Active Duty Status" Active duty :;tatus as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less !h,w 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service ardhonzed ty the President )r the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the Presiders and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the 111nit they support. This includes Navy gaining and Administration of the Reserves (TARs). Marine Corps Active Reserve (ARs) and Coast Guard Reserve P❑x;ram Aerninistrator (RDAs)_ Ac eve Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U_S. 1 4bi,c - lealrh Service or the Nation ?1 Oceanic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases ;overage u'Ider the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Unifcrmed Services periods. I tic� 3? perods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check tc make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually beeun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are oroteatcd WARNING This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the recuester. Providing erroneor s iriforroation will cause an erroneous certificate to be provided. Certificate ID: S2098B6110566D0 CAPITAL ONE BANK (USA), NA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division Plaintiff NO: vs. BRITTANIE A GEORGE 28 MCBRIDE AVE NOTICE OF FILING JUDGMENT CARLISLE PA 17013 -1941 Defendant Notice is herby given that a money judgment in the above- captioned matt r h been entered against you in the amount of $ _�qq 68 on 3 d If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570) -558 -5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) CAPITAL ONE BANK (USA), N.A. vs. BRITTANIE A GEORGE 348 1/2 FORT ST SHIPPENSBURG PA 17257-1446 VS. METRO BANK 3201 TRINDLE RD CAMP HILL, PA 17011 In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division . NO: 13-1550 CIVIL T Defendant : Garnishee : Praecipe for Entry of Appearance Kindly enter my appearance on behalf of CAPITAL ONE BANK (USA), N.A. in the above - captioned matter. Date:June 12, 2014 Signatu Print me: Michael F. Ratc Address: 120 North Ke ford Es venue Scranton PA 18 i 4 Telephone No: (570) 558-5 10 Ext. 120 Supreme Court ID No: 86285 PRAECIPE FOR WRIT OF EXECUTION — (MONEY JUDGMENT) RULES PA. R.C. CAPITAL ONE BANK (USA), N.A. vs. BRITTANIE A GEORGE 348 1/2 FORT ST SHIPPENSBURG PA 17257-1446 vs. In the Court of Common Pleas of Plaintiff : CUMBERLAND County, Pennsyl Civil Division NO: 13-1550 CIVIL T Defendant : vania METRO BANK 3201 TRINDLE RD PRAECIPE FOR WRIT OF EXECUTION AND CAMP HILL, PA 17011 ATTACHMENT Garnishee (MONEY JUDGMENT) To the Prothonotary: TO SATISFY THE JUDGMENT, ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER (1) (2) (3) (4) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; Against: BRITTANIE A GEORGE And against: METRO BANK 3201 TRINDLE RD CAMP HILL, PA 17011 and index this writ (a) against Defendant(s) (b) against METRO BANK 3201 TRINDLE RD CAMP HILL, PA 17011 Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s), any and all accounts of the defendant(s), in the possession of Garnishee, including but not limited to savings account balances; checking account balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. Defendant's SSN(s): ***-**-0585; (5) Date: June 12, 2014 Judgment Amount Interest Payments Clerks Fee Sheriff Poundage Total 030,1s- D()‘-ces -0_ (1.N 3( Xs (0,4S pd $1.599.28 $116.72 ichael F. ' atchford, Esqu Edwin A. Abrahamsen & Attorney for Plaintiff mratchford@eaa-law.com ti “-)ta a, 41. C 013gso l08(33 sociates, P.C. IEic THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net CAPITAL ONE BANK (USA) N.A. Vs. BRITTAINE A. GEORGE WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-1550 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against BRITTAINE A. GEORGE, 348 1/2 FORT STREET, SHIPPENSBURG, PA 17257 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of METRO BANKGARNISHEE(S), as garnishee, 3201 TRINDLE ROAD, CAMP HILL, PA 17011 -ANY AND ALL ACCOUNTS OF THE DEFENDANT(S), IN THE POSSESSION OF GARNISHEE, INCLUDING BUT NOT LIMITED TO SAVINGS ACCOUNT BALANCES; CHECKING ACCOUNT BALANCES; CERTIFICATES OF. DEPOSIT; MONEY MARKET ACCOUNTS; CONTENTS OF SAFETY DEPOSIT BOXES. (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as 1 determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $1,599.28 Interest $116.72 Attorney's Comm. % Attorney Paid $60.25 Date: 7/7/14. (St a!) Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary REQUESTING PARTY: Name : MICHAEL F. RATCHFORD, ESQUIRE Address: EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. 120 N. KEYSER AVENUE SCRANTON, PA 18504 Attorney for: PLAINTIFF Telephone: 1-800-503-1665 Supreme Court ID No. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY oFFIf•F CFTh'G wt^.F<IFF JUL 14 f,f'r CUMBERLAND AND COW -11 PENNSYLVANIA Capital One Bank (USA) N.A. vs. Brittaine A George Case Number 2013-1550 SHERIFF'S RETURN OF SERVICE 07/09/2014 02:36 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Ave, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Maria T. Theodoratos, Assistant Store Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. July 11, 2014 The writ of execution and notice to defendant was mailed on July 11, 2014 to Brittanie A. George at 348 1/2 Fort Street, Shippensburg, PA 17257. (c) CountySuito Sheriff, Te!eosoft, Inc. AM CLI , D SO ANSWERS, 641 - RONNY R ANDERSON, SHERIFF CAPITAL ONE BANK (USA), N.A. In the Court of Conlrnon-Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division VS. BRITTANIE A GEORGE 348 1/2 FORT ST : NO: 13-1550 CIVIL T SHIPPENSBURG PA 17257-1446 : Defendant : vs. METRO BANK 3201 TRINDLE RD CAMP HILL, PA 1.7011 Garnishee : INTERROGATORIES IN ATTACHMENT RE: Execution of Judgment against your depositor BRITTANIE A GEORGE SSN # ***-**-0585 You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: l) .At the time you were served or at any subseqent time, did the Defendant possess any bank accounts, joint or individual, that were in your custody or control? Please specify joint or individual account. Please list the legal title of any such account(s) and the primary account holder and if known whether joint account is entireties property. No Accounts 2) At the time you were served or at any subsequent time, what was the balance and account number of the bank accounts(s) identified in Interrogatory #1? 3) At the time you were served or at any subsequent time, please list the average daily balance in the past five (5) months for each such account identified in your answer to Interrogatories number one (1) and two (2) above. 4) At the time you were served or at any subsequent time, did the bank account(s) that the Defendant possessed contain fund derived solely from social security funds and/or disability funds? 5) At any time before or after you were served, did the Defendant(s) transfer or deliver any property or money to you or to any person or place pursuant to your direction or consent, and if so. what was the consideration therefore? r.,a r o 6) At any time after you were served, did you pay, transfer or deliver any money or. property to the Defendant(s) or to any person or place pursuant to the Depositor's direction or otherwise discharge any claim of the Depositor against you? 7) At the time you were served or any subsequent time, did you have, share, or utilize any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by Defendant(s)? 8) At the time you were served or at any subsequent time did the Defendant(s) account contain funds deposited electronically on a recurring basis and which are identified as being exempt from execution, levy or attachment. If so, state the reason for the exemption, the amount being withheld and the entity electronically depositing those funds on a recurring basis. 9) At -the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. Section 8123? If so, identify each account. 10) Identify every other account (not previously noted) titled in the name of the Defendant(s) in which you believe the Defendant(s) have an interest in whole of part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. 11) To the extent that you're above answers depend in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). Edwin A. ' bra�ha ::en sates, P.C. By Mi ael F. Ratchfori, Esquire 120 North Keyser • enue Scranton, PA 1850 (570) 558-5510 al. 101 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/h"er lhowledge, information and belief. (SIGN CAPITAL ONE BANK (USA), N.A. vs. In the Court of Common Pleas of Plaintiff : CUMBERLAND County, Pennsylvania c= Civil Division G �...�� .c-• cc' --,::-= A: Ste` 7.1 c.., c r ...-dl / NO: 13-1550 CIVIL T 6 mow:_ oc. BRITTANIE A GEORGE 348 1/2 FORT ST SHIPPENSBURG PA 17257-1446 Defendant vs. METRO BANK 3201 TRINDLE RD CAMP HILL, PA 17011 Garnishee . c2 Praecipe to Dissolve the Attachment again -16 Garnishee r•) To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Dissolve the Attachment against Garnishee. Thank you, ichael F. Ratchford, 'squire Edwin A. Abrahamse & Associates, P.C. Lawyer ID # 86285 sq pcJ '1(.1 a � 3gfl'9