HomeMy WebLinkAbout06-3629COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM J.40V.,a(. I W-Y?
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. fir. --
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
MAO. DIST. NO. OR NAME OF D.J.
09-2-02
417 Welsh Rd Ste 21 # 520 Phialdelphia, PA 19114
OAi Df JUDGMENT IN THE CASE OF ftk*M pNNManQ
TTT-- s 1) nnr; T.VNV F„nAina 1.T.f'. ,.c Gi_na/Mv)ers
C--K,r' ?a
TA20CV-0000064-06
LT 20
R.C.P.K.P. No. 10086. If appellant was Claimant (See Pa. R.C.P.J.P.
This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he
a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days
after filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECiPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon Neme ofappel/ee(s) , appellee(s), to file a complaint in this appeal
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or his attomey or agent
RULE: To Namerrfappe ee(s) - - , appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mall.
(2) If you do not file a complaint within this time, &JUDGEMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by, mail Is the date of mailing.
Date' 20_.
Signature of Prothonotary or Deputy
AOPC812-8 COURT FILE TO BE FILED WITH PROTHONOTARY
l
t
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TOfILE 9,OuIPFAINT
(This proof of service MUST BE FILED WITHIN FIVE (5) DAYS filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNnVANIA
COUNTY OF
AFFIDAVIT: I hereby swear or affirm that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) , 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt
attached hereto, and upon the appellee, (name) , on
, 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.
? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellea(s) to
whom the Rule was addressed on 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of official Beare whore affidavit was made
Tea or oftbw
My commission expired on
20
Sgnabirs of affiant
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?y _>rvOMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT
rni iiiI CUMERLAND CIVIL CASE
Dist. No,
09-2-02
MDJ Name'. Hon.
JESSICA BREWBASER
Address: 1 COURTHOUSE SQ E WING
CARLISLE, PA
Telephone: (717 ) 240-6564 17013
ATTORNEY FOR PLAINTIFF :
DAVID J. APOTHARER D lien IS u
2417 WELSH RD APT/ STS O cJ 2006
RM NUMBER 520. JUN
PHILADELPHIA,'PA 19114
J
at No.: CV-0000064-06
Filed: 3/20/06
THIS IS TO NOTIFY YOU THAT:
Judgment; 3KZL1I T . MM!GlM ZT DZF - - -
® Judgment was entered for: (Name) >wpaa, III nr
Judgment was entered against: (Name) T.TS:o:s FrimmiNa m-el
in the amount of $ 0A on: (Da te,oftJudgment) fi/n5/nF
F Defendants are jointly and severally liable. (Date & Time)
Damages will be assessed on: \
El This case dismissed without prejudice.
Amount of Judgment Subject to
ElAttachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $ --
Amount of Judgment
Judgment Costs
Interest on Judgment
Attomev Fees
Post Judgment Credits
Post Judgment Costs
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. YO
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
JUDGEMENT 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.
` Olk> Date
I certify that this is a tr
Date
My commission expires first Monday of January, 2012 .
PLAINTIFF: NAME and ADDRESS
rLVNV FUNDING LLC ?
2417 WELSH ROAD #520 APT/STS 21
C/O DAVID APOTHAEER, HSQ
LPHILADELPHIA, PA 19114 J
VS.
DEFENDANT: NAME and ADDRESS
rMYERS, GINA M
273 B R POMFRET ST APT/STE B
-CARLISLE, PA 17013-2501
Magisterial District Judge
Is proceedings containing the judgment.
, Magisterial District Judge
SEAL
AOPC 315-05 DATE PRINTED: 6/05/06 10:53:41 AN
--PROOF OF SERVICE OF NOTICE OF APPEAL AND-RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WTTNIN FIVE (5) DAYS filing the notice of appeal Check applicable boxes)
COMMONW OFP/ENJN? L ANIA
COUNTY OFTrA ss ,
AFFIDAYTr 1 hereby swear or affirm that l served , II,, 2
Xh copy of the N c of peal, Com t )q Pleas No.bwJl,?qupdn the District Justice designated therein on
(date of service) , 20 Q by pe af;;rv ce by (certifled), (registered) mail, sender's receipt
h hereto and up h appellee, (name) PJ?'J on
kVkX 20 , C1 by personal service S2 by (certt ed) (registered) mail, sender's receipt attached hereto.
? and further that t served, the Rule to File a Complaint accompanying the above.Notice. of Appeal upon the appellee(s) to
whom the Rule was addressed on 20 , ? by perso I service ? by (certified) (registered) mail,
sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBS RI1,ED BEFORE ME
THI DAY OF (?-/ .20 ()4 .
Sonetwe o, ent
S' tore o of kd Ee efndeva w? made
77de,ofof eW '
My commission expired on
1
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20 _ .
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57656
COMMONWEALTH OF PENNSYLV MIA
CQU OF ?^-Kta
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NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
NAME OF APPELLANT + 11 ; f J. P w. # 1 L-OZ I,Mego, P.+ 1
LVNV Funding, LLC
ADDRESS OF APPELLANT cnY STATE LP CODE
C/o David A othaker, E&4. 2417 Welsh Rd Ste 21 # 520 Phialdelphia, PA 19114
DATE OF JIIDOEiNr IN THE CAN OF (f9 n" 1
IUne 5 2006 LVNV Fundin LLC va Gia rs
CWM NO. EIONATURE OF. APPELLANT OR HIE DR ASIENT
TA2flCV-0000084-06
oil
This block wilt: t i§, a..m
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R.O.PKP %1 <" Ji7:appeflat! was- a hl ,,' (Sae Pa. R C.P.J.P.
This Notice of'Appeal, when received by the District Justice, will opgiate as No• 1001(6) 0 action Dis. Jussttiacae, he
?ills
a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A p 1??t°1
attar fifing his _
Signature of Pmthmotery or Deputy '
P CIPE TO 7 A TO FILS COMPJI AINT AND RV{ g TO FIP ;
R.
IM D of, form to be used QNLY wh was DE?ENDA Pe: R.ah'*P. Na :ll 4jl) In action before District Justice.
IF Y MD idet fi'from'ropy of notfcsbt ??tyatt
PRAEGIPE: To Prothonotary P.
Enter rule upon ^ Y .
(Common Pleas No.-
appel ee(s) to Me a complaint in this appeal
WS) )
twenty (20) days after servile of rote or i3dffet IWy"of judgment of non pros.
s>g r w orhFs a7aRNl -xWl
"}1t1LE: aTb AWMofappe/184s) ,appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the. d&*AA#lileice
of this rule upon you by personal service or by certified or registered mail. e2.,
(2) If you do not file a complaint within this time, a JUDGEMENTOF NQN PROS WILL BE ENTERED AGAINSTY01.1.
(3) The date of service of this rule if service was by mail is the date of dialling.I? "
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APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker
Attorney I.D.438423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorneys for Plaintiff
LVNV FUNDING LLC
c/o David J Apothaker, Esquire
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
VS.
GINA M MYERS
273B E POMFRET ST # B
CARLISLE, PA 17013-2501
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 06-3629
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
with 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 my proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in
the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONE. 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
Lawyer Referral and Information Service
800-990-9108
AVISO
Le ban demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes,
usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o
con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted
no se defiende, la corte tomara medidas y puede continuar Is demanda en contra suya sin previo aviso o notificacion. Ademas, la corte
puede decidir a favor del edemandame y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder
dinero o sus propiedades u otros derechos importantes pare usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL
DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral and Information Service
800-990-9108
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker
Attorney I.D.#38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorneys for Plaintiff
LVNV FUNDING LLC
c/o David J Apothaker, Esquire
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
VS.
GINA M MYERS
273B E POMFRET ST # B
CARLISLE, PA 17013-2501
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 06-3629
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff, LVNV FUNDING LLC, is a company with its principal place of business located at c/o
David J Apothaker, Esq. 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114.
2. Defendant is GINA M MYERS, an adult individual residing at 273B E POMFRET ST # B
CARLISLE, PA 17013-2501.
3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods
and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true
and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A".
4. Defendant received and accepted the goods and/or services described in Exhibit "A".
5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or
services, and the prices which Defendant agreed to pay.
6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A".
7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments,
leaving a balance due and owing of $2,510.67 together with interest from February 04, 2003 in the amount of
$397.54 for a total of $2,908.21.
8. Although demand has been made, Defendant has failed to make payment of the amount due as
above.
9. The original creditor is SEARS.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$2,510.67 together with interest from February 04, 2003 in the amount of $397.54 for a total of $2,908.21 plus
costs, and reasonable attorney's fees.
APOTHAKER & ASSOCIATES, P.C.
Attorney for Plaintiff
BY;
DkApothaker-
Dated: July 12, 2006
Our File No.: 57656
VERIFICATION
David J. Anothaker. Esc. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take
this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the
best of my knowledge, information, and belief. The undersigned understands that the statements therein are made
subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities.
04-'?
David J. Apothaker, Esq.
Attorney for Plaintiff
DATE: July 12, 2006
LVNV FUNDING LLC
c/o David J Apothaker, Esquire
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
GINA M MYERS
273B E POMFRET ST # B
CARLISLE, PA 17013-2501
STATEMENT OF ACCOUNT
Debtor's Name: GINA M MYERS
Account Number: 1150086237635
Original Creditor: SEARS
Date of Debt: February 04, 2003
Principal Balance: $2,510.67
Balance Due: $2,510.67
Our File No.: 57656
EXHIBIT "A"
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker
Attorney I.D.#38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorney for Plaintiff
LVNV FUNDING LLC
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
vs.
GINA M MYERS
NO.: 06-3629
Defendant.
CERTIFICATION OF SERVICE
I, David J. Apothaker, Esquire, attorney for Plaintiff, certify that on July 14, 2006,
I mailed a copy of the Complaint by Regular mail to
GINA M MYERS
273B E POMFRET ST # B
CARLISLE, PA 17013-2501
Date: July 14, 2006
David J. Apothaker, Esq.
Attorney for Plaintiff
Our File No.: 57656
C._
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APOTHAKER & ASSOCIATES, P.C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorneys for Plaintiff
David J. Apothaker, Esquire
Attorney ID #38423
LVNV FUNDING LLC
Plaintiff,
VS.
GINA M MYERS
Defendant.
Civil Action
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter a default judgment in favor of plaintiff, LVNV FUNDING LLC and against
Defendant, GINA M MYERS, for failure to answer or otherwise respond to the Complaint - Civil
Action.
The Complaint was served mailed to the defendant on July 14, 2006 by regular mail. Copies of
the proofs of service are attached hereto as Exhibit "A".
I certify, a copy of the Notice of Intention To Take Default was mailed on August 28, 2006, and
also attached hereto.
Assess damages in the amount of:
(a) Balance: $2,510.67
(b) Interest from February 04, 2003 $435.51
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 06-3629
TOTAL $2,946.18
APOTHAKER & ASSOCIATES, P.C.
Attorne for Plaintiff
By:
Da Apothaker
Dated: October 12, 2006
Our File No.: 57656
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: GINA M MYERS
273B E POMFRET ST # B
CARLISLE, PA 17013-2501
LVNV FUNDING LLC
Plaintiff,
vs.
GINA M MYERS
Defendant.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 06-3629
Civil Action
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has
been entered against you in the above proceeding as indicated below.
XX JUDGMENT BY DEFAULT
JUDGMENT IN REPLEVIN
JUDGMENT BY CONFESSION
JUDGMENT FOR POSSESSION
JUDGMENT ON AWARD OF ARBITRATORS
JUDGMENT ON VERDICT
JUDGMENT ON COURT FINDINGS
_ JUDGMENT ON WRIT OF REVIVAL
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY David J. Avothaker, Esc. at this telephone number: 215-634-8920
0
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker
Attorney I.D.#38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorney for Plaintiff
LVNV FUNDING LLC
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff,
vs.
NO.: 06-3629
GINA M MYERS
Defendant.
Civil Action
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney
for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 273B E POMFRET ST #
B CARLISLE, PA 17013-2501; and that Defendant(s) 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 amendments thereto. all
David J. Apothaker
Attorney for Plaintiff
The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker
Attorney I.D.#38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorney for Plaintiff
LVNV FUNDING LLC
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
vs.
GINA M MYERS
273B E POMFRET ST # B
CARLISLE, PA 17013-2501
Defendant.
NO. 06-3629
NOTICE OF INTENTION
TO TAKE DEFAULT
TO: GINA M MYERS
DATE OF NOTICE: August 28, 2006
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to the claims set forth
against you. Unless you act within ten (10) days from the date of this notice as set forth above, a
judgment may be entered against you without a hearing and you may lose your property or other
important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or
cannot afford one, go to or telephone the following office to find out where you can get legal
help:
OW
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker
Attorney I.D.#38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 191 14
(215) 634-8920
Attorney for Plaintiff
LVNV FUNDING LLC
Plaintiff,
GINA M MYIRS
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 06-3629
CERTIFICATION OF SERVICE
1, David J. Apothaker, Esquire, attorney for Plaintiff, certify that on July 14, 2006,
1 mailed a copy of the Complaint by Regular mail to
GINA M MYERS
273B E POMFRET ST # B
CARLISLE, PA 17013-2501
Date: luly 14, 2006
David J. Apothaker, Esq.
Attorney for Plaintiff
Our File No.: 57656
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SHAPIRO LAW OFFICE, P.C. No. OfP?ag?s?''v` A'PY
Kenneth S. Shapiro, Esq. 2C 1
Attorney I.D #26850 ??` Fs i? S
P.O. Box 1050 C?,3
33 Rock Hill Rd., Suite 150
Bala Cynwyd, PA 19004-5050
(610) 668-0707
Court Of Common Pleas
LVNV Funding LLC
Plaintiff
V.
Gina M. Myers
Defendant(s)
Cumberland County, PA
CIVIL CASE NO. 2006-3629
ENTRY OF APPEARANCE
TO THE DIRECTOR OF THE DEPARTMENT OF COURT RECORDS OF CUMBERLAND
COUNTY, PENNSYLVANIA (CIVIL DIVISION):
Kindly enter my appearance on behalf of LVNV Funding LLC, Plaintiff herein.
I hereby certify that this change is not intended to, nor will it, delay this proceeding to the
best of my knowledge, information and belief.
Papers may be served at the address set forth below:
Kenneth S. Shapiro, Esq.
Attorney ID # 26850
Shapiro Law Office, PC
P.O. Box 1050
33 Rock Hill Road - Suite 150
Bala Cynwyd, PA 19004-5050
Telephone # 610-668-0707
FAX # 610-668-1815
Respectfully submitted,
SHAPIRO LAW OFFICE, P.
Dated: 3//6//0
or the