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Home My WebLink About05-02902014427 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK 10625 Techwoods Circle Cincinnati, OH 45242 VS. TONY L KELLER SR 707 W PINE ST MT HOLLY SPRINGS PA 17065 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO : OS - NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. TONY L. KELLER NO. 05-290CIVILTERM and WACHOVIA BANK, N.A., GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK, PLAINTIFF 1. No. 2. Account titled Tony S. Keller, Sr. with a zero balance. This account has been restricted pursuant to this writ. 3.-6 No. 7. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution, 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. § 8123? (A) No. Dated: WON ACHOV II 1 Legal Order Processing 104 Independence Mall East 11" Floor - PA4418 Philadelphia, PA 19106 VERIFICATION John O'Donnell, being duly sworn according to law, deposes and says that he is the Writ of Execution Administrator of Wachovia National Bank, Garnishee herein, and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of his knowledge. Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn falsification to authorities. 40A ohn O'Donnell Manager Dated: ( 1?-l ? 0 COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant (s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant (s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account is attached hereto as Exhibit "A". 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $1,526.26. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,526.26 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,526.26 at the rate of 696 from the date of January 31, 2001, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERI I. W NB G, ESQUIRE PAUL M. SCHO EL JR., ESQUIRE Attorney for aintiff P01h VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff (s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEINB$kG „8SQUIRE AFFIDAVIT OF INDEBTEDNESS State of Ohio )d County of Hamilton ) ss. Jessica Bergholz being sworn, deposes and says that she is Media Supervisor of Unifund CCR Partners herein called assignee, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242 and that she is authorized to make the statements and representations herein. The defendant is not in any branch of the military. There is due and payable from Tony L Keller Sr, Account Number 4361470501002851, the amount of $1819.30 (principal balance in the amount of $1526.26 plus interest up through 09/08/2004 in the amount of $293.04). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 6.00 percent per annum. This balance reflects any payments, credits or offsets made since the account was charged off. This account was originated with Providian National Bank. Unifund CCR Partners purchased this account from Providian National Bank. Said account has been assigned, transferred and set over unto, Gordon & Weinberg P.C. with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim, on behalf of Unifund CCR Partners. DATED this September , 2004 R PARTNERS By: Jessica Bergholz Media Supervisor 10625 Techwoods Circle Cincinnati, OH 45242 Address Subscribed and wornrefor? dpe this ay of September, }004 My commission Expires Client # 829 .h ? ? n A) r_r+ -1 r^ ? ? < < -ro ?'.1, ( __ ' r C ? _?, G !7?,, '? i 7 n-. -yam C ? ?/ f%q ?,J - UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK, Plaintiff V. TONY L. KELLER, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 05-290 CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Tony L. Keller, Sr., in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT 24,9?/A AS. Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: February It, 2005 CERTIFICATE OF SERVICE I, Douglas G. Miller, 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 17013, on the date set forth below: FREDERIC I. WEINBERG, ESQUIRE 21 SOUTH 2IsT STREET PHILADELPHIA, PA 19103 Date: February 11, 2005 IRWIN & McKNIGHT Douglas G. iller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 2 f -1 ?. f ? SHERIFF'S RETURN - REGULAR CASE NO: 2005-00290 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS KELLER TONY L SR KURT HAAG , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KELLER TONY L SR the DEFENDANT , at 1350:00 HOURS, on the 25th day of January , 2005 at 707 WEST PINE STREET MT HOLLY SPRINGS, PA 17065 by handing to TONY KELLER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.18 Affidavit .00 Surcharge 10.00 .00 33.18 Sworn and Subscribed to before 00,., this J.,,4 day of meId- r "Z S A. D. 1 u S -TPiothonotarP So Answers: R. Thomas Kline 01/26/2005 GORDON & WEINBERG By: Deputy Sheriff M 2014427 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 2151988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK vs. TONY L KELLER SR COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-290CIVILTERM NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDER I. W NBERG, ESQUIRE PAUL S IELD, JR.,ESQUIRE Attorney for Plaintiff Dated: March 18, 2005 r GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. TONY L KELLER SR DOCKET NO. : 05-290CZVILTERM PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, TONY L KELLER SR, and assesses the damages as er statement below. FREDERIC . WEINBE SQUIRE PAUL M. SCHOFIE , J ESQUIRE Attorney for P a' iff Principal $1,526.26 Interest from January 31, 2001 @6s $671.13 Total: $2,197.39 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10)_ days prior to the date of the filing of this Praecipe. !/2 FREDERIC I. W BERG ESQUIRE PAUL M. SOHO E JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this day of 4 2005 Judgment is entered in favor of the plaintiff(s) and ag 'nst defendant, for want of an answer and dam ges assessed at tim f trial. Prothonotary GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 2151988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. TONY L KELLER SR DOCKET NO. : 05-290CIVILTERM CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; UNIFUND CCR PARTNERS ASSIGNEEOF PROVIDIAN NATIONAL BANK and that the last known address of defendant, TONY L KELLER SR, 707 W PINE ST, MT HOLLY SPRINGS PA 17065. GORDON & WEINBERG, P.C. BY: FREDERIC I. INBER , ESQUIRE PAUL M. SCHOF JR.,ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. TONY L KELLER SR DOCKET NO. : 05-290CIVILTERM AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 707 W PINE ST, MT HOLLY SPRINGS PA 17065; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed (? ?* Before me this ?C Day of 005. No ar}6 i LR 7h ul ,'LENNSYLVAN NOiAR1AL SEAL HN V MCBRIDE, III, Notary Public City of Philadelphia, Phila. County My Commission Expires August 4, 2008 FREDERIC I. W INBERG ESQUIRE PAUL M. SCHOF R. ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR ., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 2014427 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK vs. TONY L KELLER SR TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-290CIVILTERM NOTICE OF INTENTION TO TARE DEFAULT TONY L KELLER SR 707 W PINE ST MT HOLLY SPRINGS PA 17065 DATE OF NOTICE/FECHA DEL AVISO: February 15, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERGG, P.C. BY: FREDERIC I.(WEINBERG, ESQUIRE PAUL M. SCHiAEbELD, JR., ESQUIRE PLOD-2 V .r.9. C? A ?` cyJ T-? y N c?'- ? ? to l a GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK VS. TONY L KELLER SR 707 W PINE ST MT HOLLY SPRINGS PA 17065 and Wachovia Bank 604 E High Street Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-290CIVILTERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against TONY L KELLER SR defendant(s)and (2) against Wachovia Bank garnishee(s) (3) AMOUNT DUE $2,197.39 INTEREST from March 22, 2005 $288.18 COSTS Prothonotary fee $24.00 Sheriff fee 150.00 TOTAL $2,659.57 FREDERIC I. WEIN VER ESQUIRE PAUL M. SCHOFIEL ., ESQUIRE Attorney for Plaintiff s p i Ua go r CA O U) 0 at r o0 0 0 0 a + v 03 cv E, li% ? ? t7 ? 00 r a a ? - - _-- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-290 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNIFUND CCR PARTNERS, Assignee of PROVIDIAN NATIONAL BANK, Plaintiff (s) From TONY L. KELLER, SR., 707 W. Pine Street, Mt. Holly Springs, PA 17065 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WACHOVIA BANK, 604 E. High Street, Carlisle, PA 17013 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 $2,19739 Interest from 3/22/05 -- $288.18 Atty's Comm % Atty Paid $124.68 Plaintiff Paid Date: 12/03/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs disR. Long, ProthonotaryBy: &6,0-v- Deputy REQUESTING PARTY: Name FREDERIC E WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 21 SOUTH 21sT STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-988-9600 Supreme Court ID No. 41360 SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-00290 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS KELLER TONY L SR And now MARK CONKLIN ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0012:35 Hours, on the 13th day of December , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , KELLER TONY L SR in the hands, possession, or control of the within named Garnishee WACHOVIA BANK 604 EAST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JILL MANLEY (ASST. V.P.) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 R. Thomas Kline., Surcharge .00 Sheriff of Cumberland County .00 00 ?,??f/9?67 12/17/2007 Sworn and Subscribed to before me this day of By t`Dep4?ty Sheriff A.D SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. TONY L. KELLER and NO. 05-290CIVILTERM WACHOVIA BANK, N.A., GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Wachovia Bank, N.A., Garnishee, in the above-captioned matter. JON ney 1 Attorney r Garnishee Date: r-,? - ?,? _?? '? Ci?t ..,;.+ .? t_ ) ?iY'd G. • - C.J'b - ` ?:: ? .. C7 L UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. TONY L. KELLER and NO.05-290CIVILTERM WACHOVIA BANK, N.A., GARNISHEE ATTORNEY I.D.# ORDER TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, Wachovia Bank, National Association, discontinued, upon payment of your costs only. FREDERIC E ERG Attorney for lai JON C. SIR] Attorney for ?``? ? r C "' a ? ? a s` ? ?` ? ? ? ? ?, `1s ?,,, ???? r C,> r ?. ? ,„ ?Y'"? . r ? -?? t :? ? ?? a. , ?, ?? _ 1 4? ?? °• w? ? ._ ;r?-- ? hL EL Unifund CCR Partners T-• py VS Tony L. Keller, Sr. 3: ??3 Writ of Execution Docket No. 2005-290 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken since December of 2007. Sheriff's Costs: Docketing $18.00 Surcharge 30.00 Garnishee 9.00 Levy 20.00 Mileage 4.80 Prothonotary 2.00 Law Library .50 Poundage 1.69 99 $85 . So Answers- 10 OPOA 40!??V R. Thomas Kline, Sheriff BY . a Serge nt r J (4 C'1aYF'( kC.C- -? 3 .l ) .2 7