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HomeMy WebLinkAbout06-4068JODI A. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff PENNSYLVANIA : CUMBERLAND COUNTY,, V. } : NO. 1!51, - Lu-p Cr ui C-FSq >Vj MARK A. ZIMMERMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 JODI A. ZIMMERMAN, Plaintiff V. MARK A. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0&-96LP CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary JODI A. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,, PENNSYLVANIA V. :NO. CYo - ?l?LI? C t v ??- MARK A. ZIMMERMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE Plaintiff is Jodi A. Zimmerman, social security no. 207-44-7058, who currently resides at 1147 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Mark A. Zimmerman, social security no. 164-52-3397, who currently resides at 7779 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 8, 2000, in Cumberland County, Pennsylvania. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. The parties to this action have been separated since May 20, 2006. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render her condition intolerable and life burdensome. 12. This action is not collusive. COUNT H CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 13. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage, which is subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 14. Plaintiff lacks sufficient property and income to provide for her reasonable needs. 15. Plaintiff requires reasonable alimony to adequately maintain herself in accordance with the standard established during the marriage. 16. Defendant is financially able to provide for the reasonable needs of the Plaintiff. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 17. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 18. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; C. directing the Defendant to pay alimony to plaintiff; d. directing the Defendant to pay alimony pendente lite, Plaintiffs counsel fees and the cost of this suit; and e. for such fiuther relief as the Court may determine equitable and just. Respectfully submitted, JAMES, SMTTH, DIETTERICK & CONNELLY, LLP Dated: By: 0AI I 'A ? , - 1),J 0 Courtney L. Kishel Attorney I.D. #81509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff Jodi A. Zimmerman VERIFICATION I, Jodi A. Zimmerman, verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. e Date: _ 12 - olo Jo "A. ennan, PI 'tiff N ? ? ?? ? ? i9. ceo c?a ?` ? ??? ?? JODI A. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4068 MARK A. ZIMMERMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, P. Richard Wagner, Esquire, attorney for the above-named Defendant, accept service of the Complaint in Divorce on behalf of my client, Mark A. Zimmerman. Date: '1/d q1/O Go (717) 234-7051 tarry ?? ul JODI A. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4068 MARK A. ZlIvIMERMAN, CIVIL ACTION -LAW Defendant : IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, Jodi A. Zimmerman, intends to proceed with the above-captinngd matter. ' V Date: CA / Courtney Kishel Po a 1, Esquire Attorney for Plaint' f EXPLANATORY COMMENT The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 190 1. Two aspects of the recommendation merit comment. I. Rule of Civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa, 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) hoe been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ruie230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. 4 th-CR:FICE OF THE rROTH" (NARY 2009 SEP -8 PM {: 59 llmt,ii.: at ''u 4" !-, IN P y PENW,12VANA P. Richard Wagner, Esquire Attorney ID No. 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Defendant JODI A. ZIMMERMAN, Plaintiff, V. MARK A. ZIMMERMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4068 CIVIL ACTION - LAW IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION AND NOW, comes your Petitioner, Mark Zimmerman, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Petition For Exclusive Possession pursuant to the provisions of the Divorce Code as follows: 1. The Petitioner is the Defendant in the above-captioned divorce action. 2. The Respondent is the Plaintiff in the above-captioned divorce action. 3. The parties resided at 7779 Wertzville Road, Carlisle, Cumberland County, Pennsylvania which is the martial home. At the martial home, the Petitioner herein maintains his concrete business including his office, his garage, his equipment and such other matters of inventory that are important to his self-employed job as a concrete contractor. 4. Recently, the Respondent herein removed herself from the marital home and moved into another home. The removal from the marital home by the Respondent is at least the third time that the Respondent in the last several years has removed herself from the marital home and moved to other locations in Cumberland County. 5. Respondent at all times pertinent hereto has had other residences where she has resided without the Petitioner which said residences were not the marital home. 6. Petitioner believes and therefore avers that the marital home is important to be retained by the Plaintiff primarily because his sole source of income is his concrete business which he operates from the marital home. 7. Granting Petitioner herein exclusive possession of the marital home does not jeopardize the rights of the Respondent as it relates to equitable distribution. WHEREFORE, Petitioner requests the Court to grant him exclusive possession of the marital home. Respectfully submitted, ?Ri rd agner, Esquire Att ne #23103 2 orth Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Defendant Dated: 0 VERIFICATION 0 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: /-,o 11-6 & 2 CERTIFICATE OF SERVICE I, Danette L. Oakes, secretary in the law firm of Mancke, Wagner & Spreha, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Courtney Kishel Powell, Esq. P.O. Box 650 Hershey, PA 17033 By Dane a L. Oak Secretary Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Defendant Date: October 23, 2009 Fly}-OFF"a OF THE PROTHONOTARY 2009 OCT 26 PM 2: 2 5 CUMBERLP?I,aJ COUNRY OCT 2 8 2009 t? JODI A. ZIMMERMAN, Plaintiff, V. MARK A. ZIMMERMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4068 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this q*?day of np Nom, 2009, upon Petition of Mark Zimmerman, a Rule is issued upon the Respondent/Plaintiff to show cause why, if any, relief should not be granted. Rule returnable 5 day of 2009, at ?oclock in Courtroom No. .)-, Cumberland County Courthouse. Pending the outcome of the hearing, exclusive possession of the marital home shall remain with the Petitioner/Defendant herein. BY THE COURT: IN \ J. Distribution: X urtney Kishel Powell, Esq., P.O. Box 650, Hershey, PA 17033 Richard Wagner, Esq., 2233 North Front Street, Harrisburg, PA 17110 Court Administrator J c ?r S ALED--u1`,`iuE L- I OF THE a )'~ ;,;;" NARY 2009 NOY 10 pt"', 1- 14 5) -JIJI JODI A. ZIlvIMERMAN, IN THE COURT OF COMMON PLEAS Plaintiff :DAUPHIN COUNTY, PENNSYLVANIA v. : N0.06-4068 MARK A. ZIMMERMAN, CNIL ACTION -LAW Defendant IN DIVORCE ~x.::~ STATEMENT OF INTENTION TO PROCEED c~ ~ ~" TO THE COURT: ~ e ' ~ ~.: , t ^O ~ t/7 ' tT~ i` Plaintiff, Jodi A. Zimmerman, intends to proceed with the above c tinned matter ~ ~ i' "~tT'° Wit"' t i fir' Print Name: Courtney Kishel Powell, Esquire Sign Name: ~~ ~ ~? GQ ~ 7a- c~ 3 ~ ~~ Date: September 6, 2012 Attorney for Plaintiff, Jodi .Zimmerman ~ p ~ r-: , EXPLANATORY COMMENT ~ ~ ~~ ~ ' ,.t _-°' The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa, 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) hoe been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ruie230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. I i JODI A. ZIMMERMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4068 c ; MARK A. ZIMMERMAN, CIVIL ACTION—LAW rn � Defendant IN DIVORCE ' -<> -..i t-- •�C3 :° r CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff, Jodi A. Zimmerman,certifies that: a 1. The Notice of Intent to Serve a Subpoena to Produce Documents and Things Pursuant to Rule 4009.21 with a copy of the subpoena attached thereto was mailed or delivered to Defendant's counsel, P. Richard Wagner, Esquire, on July 9, 2013. 2. A copy of the Notice of Intent to Serve a Subpoena to Produce Documents and Things Pursuant to Rule 4009.21, including the proposed subpoena, is attached to this certificate as Exhibit"A"; 3. Attorney Richard Wagner has waived the 20 day notice requirement pursuant to ' Pa. R.C.P. 4009.21. 4. No objection to the subpoena has been received; 5. The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve the Subpoena. Respectfully-submitted, JSDC LAW OFFICES Dated: By: Courtney Kish well Attorney I.D. 15 9 P.O.Box 650 Hershey,PA 17033-0650 (717)533-3280 Attorney for Plaintiff, Jodi A.Zimmerman w EXHIBIT "A" JODI A.ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA V. NO. 06-4068 MARK A.ZIMMERMAN, CIVIL ACTION—LAW Defendant IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS PURSUANT TO RULE 4009.21 Plaintiff,Jodi A. Zimmerman',by and through her counsel,Courtney Kishel Powell, Esquire and JSDC Law Offices, intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty(20)days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. JSDC Law Offices Dated: By: 110 Courtney Ki owell Attorney I.D. 09 P.O.Box 650 Hershey,PA 17033-0650 (717)533-3280 Attorneys for Plaintiff, Jodi A.Zimmerman COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JODI A.ZIMMERMAN Plaintiff File No.06-4068 vs. MARK A.ZIMMERMAN Ddandant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bank of Landisburg, 100 North Carlisle Shw P.O.Box 179,Landisburg,PA 17040 (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: See Exhibit"A"attached hereto. at 134 Sipe Avenue, Hummelstown, PA 17036 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or rxiduciiig the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to c0n4)lY with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON, NAME:-Courtney Kishel Powell,Esquire ADDRESS:-P.O.%x 6A Hershey,PA 17033 TELEPHONE: (717)533-3280 SUPREME COURT ID#sisog ATTORNEY'FOR Plamw BY THE COURT: Prothonotary,Civil Division Date: sew of the court Dqmty EXHIBIT"A" To: Bank of Landisburg 100 North Carlisle Street i! P.O.Box 179 Landisburg, PA 17040 f A copy of the real estate appraisal for the property located at 7779 Wertzville Road,Carlisle, Pennsylvania 17013,which is presently owned by Mark A.Zimmerman,and which was obtained for the purpose of refinancing the existing mortgage obligation in 2012. JODI A. ZIMMERMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4068 MARK A. ZIMMERMAN, CIVIL ACTION—LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE 1, Courtney Kishel Powell, Esquire, of JSDC Law Offices, attorneys for Plaintiff, Jodi A. Zimmerman, hereby certify that I have served a copy of the foregoing Certificate Prerequisite to Service of Subpoena Pursuant to Rule 4009.22 on the following on the date and in the manner indicated below: VIA U.S.MAIL,FIRST CLASS,PRE-PAID P. Richard Wagner, Esquire MANCKE,WAGNER&SPREHA 2233 North Front Street Harrisburg,PA 17110 JSDC LAW OFFICES Dated: ` By: 0"Ikx�' Courtney Kishel ll well Attorney I.D. #81 S6� P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff JODI A. ZIMMERMAN, Plaintiff v. MARK A. ZIMMERMAN, Defendant t1 ilv 26111 APR —7 PH 3: 58 CUM.OERL AND COUNTY ErdNSYLVANfA ErZ N THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : DOCKET NO. 06 -4068 : CIVIL ACTION — LAW : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Courtney Kishel Powell, Esquire, on behalf of Jodi Zimmerman, Plaintiff in the above - captioned action, and enter the appearance of Maria P. Cognetti, Esquire. ourtney Kish- "owell, Esquire Attorney ID N . JSDC Law Offices P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533 -3280 Respectfully Submitted, MARIA P. COGNETTI & ASSOCIATES Maria P. C gne Attorney ID No. squire 914 3304 Market Street Camp Hill, PA 17011 Telephone: (717) 909 -4060 DATE: 3 /a /tL(