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J~ 1703(; .. ./ ~ /- \ ~, Signed i!'AVERY REORDER NO "7296 * Mad_ With Rocycl~ Pap., '1 ". , , "'"\'-::''''' , " .' c . .r I ~' . , ~: '. . . , .~ j" .~. ~ ' ~ 1" _.lI.. . ; i ,\ ,.: ~, " .....". . '~'. , ' '. : .! ;}; ; ... \ I i , " ;: t I " 1 - !Ii ' 4" W' f, \ , , \, I' '\ : 1- 1 , '4 , " . f " , , .j' , , I : 1'; , " ..' , , " :' I' , ~ , as Pennsylvania Millwork and Cabinetry, Inc. whose business address is located atl14 North York Street, Mechanicsburg, Cumberland County, Penn.ylvania 17055, 4, Plaintiff Ronald B, Saxe, II (hereinafter "Mr. Saxe") is a highly skilled woodworker engaged in "architectural millwork" which in the trade denotes high-end custom woodworking built per an architect's specifications, 5. At the lime of the acts complained of herein, .\1r, Saxe had been engaged in his specialized trade and had been employed by Middletown Lumber, Inc, located in Middletown, Dauphin County, Pennsylvania from on or about March 14, 1994 through August 23, 1995, his last day there at a pay rate ofSI7,OO per hour, 6, On August 23, 1995, Mr, Saxe left his employment with Middletown Lumber, Inc. believing he was to begin another job the next day with Defendant Pennsylvania Millwork and Cabinetry, Inc. (hereinafter "PA Millwork") for reasons which follow herein, 7, On August 18, 1995, Mr, Saxe interviewed for emploY'11entat P A Millwork with Defendant Douglas Bushman, its owner/operator and President, 8. The aforementioned interview with Defendant Bushman followed a telephone conversation with Mr, Saxe in which it was learned that PA Millwork was seeking an experienced architectural millwork specialist to begin performing high-end custom woodworking services in its shop and PA Millwork was ... , . advertising for a qualified individual when Mr. Saxe by chance just happened to call Mr, Bushman with:lut any knowledge of the said advertisement. 9. During the Friday, August 18, 1995 interview with PA Millwork's owner/operator and President Douglas Bushman, numerous details of employment such as salary, benefits, vacation, duties and employment history were discussed, Mr, Saxe was also given a tour ofPA Millwork and introduced to its Project Manager, 10, On Saturday, August 19, 1995, Mr, Saxe again appeared at PA Millwork and interviewed with its owner/operator and President, Defendant Douglas Bushman, and at this time Mr, Saxe was specifically offered and he accepted employment with PA Millwork and an oral contract was created for employment it is believed and therefore averred based upon the following representations by Defendant Bushman: (a) A specific salary of$45,OOO.OO and three weeks vacation was requested by Mr, Saxe and was agreed to by Mr, Bushman; (b) Certain demands about work performance were expected by Mr, Bushman in exchange fur the agreed salary and were agreed to by Mr, Saxe; 0 Mr, Saxe was again given a tour of P A Millwork and during said tour Mr, Saxe was introduced to an employee(s) ofPA Millwork by Mr, Bushman as "Ron's going to be working with us,"; (d) a proposed starting date and notice to Middletown Lumber, Inc. were discussed; (e) Mr, Saxe was asked what specific tools or equipment he needed to be purchased by P A Millwork for his , . . , 16, Plaintiff Mr. Saxe applied for a was granted unemployment compensation benefits which expired at the end of January, 1996, at which time Plaintiff began attempts at self-employment, 17, At the time Defendant Douglas Bushman made the representations described above, Mr, Bushman was the agent, employee or officer authorized to act on behalf of Defendant P A Millwork, and in fact was its owner/operator and President, and, in making the representations described above, was acting within the course and scope of that agency or employment. COUNT ONE (BREACH OF CONTRACT) Plaintiff ROIIald B. Saxe, II vs. D~f~ndants 18, The avennents of Paragraphs I through 17 above are hereby incorporated by reference thereto as if fully set forth herein, 19, On Thursday, August 24, 1996, PlaintiffMr, Saxe was ready and able to begin his employment with Defendant PA Millwork, but was prevented from performing his duties by the failure of Defendant Mr, Bushman on behalf of P A Millwork to honor its contract by its refusal to allow Mr, Saxe to begin his employment duties thereat. 20, Plaintiff Ronald Saxe relied to his detriment on the representations of Defendant Bushman as to the commencement of his employment with PA ( ., Millwork and PlainlitTended his employment with Middletown Lumber, (nc, based upon said reliance which was reasonable under the circumstances, WHEREFORE, PlaintitT demands judgment against the Defendants, and each of them, in excess of the jurisdictional amount requiring compulsory arbitration, specifically: (a) For compensatory damages, including lost wages, lost employee benefits, bonuStls, vacation benefits, mental and emotional distress and other special and general damages according to proof and as allowed by law; and (b) Costs of suit and interest; and (c) Such fun her relief as the Court deems just and proper, COUNT TWO (INTENTIONAl, INTERFERENCE WITH EMPI.OYMENT CONTRACT) Plaintiff Ronald B. Saxe, II vs. Defendants 21, The avennents contained in Paragraphs 1 through 20 above are hereby incorporated by reference thereto as if fully set forth herein, 22, At the time Defendant Bushman made his otTer of employment to PlaintitTMr, Saxe and/or withc\rew his otTer of employment and refused to hire Mr, Saxe, said conduct was made out of malice toward PlaintitT with the sole purpose and intention of depriving PlaintitT of the opponunity of employment with his ~ former employer, Middletown Lumber, Inc, a competitor, withoutjustitication and with willful intent to injure Plaintiff and/or Middletown Lumber, 23, By the above. described malicious act, and as a direct result, Defendant Bushman caused Plaintiff to lose the benetit of gainful employment at Middletown Lumber, Inc. at his chosen occupation to the damage ofPlaintitI 24. At all times mentioned, defendants, and each of them, were aware that Plaintiff Mr, Saxe had a business relationship in the form of an employment contract with Middletown Lumber, Inc. 25, As a proximate result of defendants' intentional conduct, PlaintiffMr, Saxe has suffered, and continues to suffer, subslantiallosses in earnings, retirement benetits and other employment benefits, Plaintiff has also suffered, and continues to suffer, humiliation, embarrassment, and mental and emotional distress, all to his damage in an amount in excess of the jurisdictional amount requiring compulsory arbitration. 26, Defendants, and each of them, committed the acts alleged above maliciously, fraudulently and oppressively, with the wrongful intention of injuring Plaintiff Mr. Saxe, and acted with an improper and evil motive amounting to malice, and in conscious disregard of Plaintiff's rights, Because the acts taken towards Plaintiff were carried out in a despicable, deliberate, cold, callous and intentional manner, with malice in order to injure Plaintiff, Plaintiff is entitled to ., previously described deliberately and intentionally in order to cause Plaintiff Mr, Saxe severe emotional distress; alternatively, Plaintiff alleges that such conduct was done in reckless disregard of the probability of such conduct causing Mr, Saxe severe emotional distress, 29. The foregoing conduct did, in fact, cause Plaintiff to suffer extreme and severe emotional distress, As a proximate result of such conduct, Mr, Saxe suffered embarrassment, anxiety, humiliation and emotional distress, and will continue to suffer emotional distress in an amount in excess of the jurisdictional amount requiring compulsory arbitration, 30, Defendants committed the acts maliciously, fraudulently, and oppressively, with lhe wrongful intention of injuring Plaintiff, and acted with an improper and evil motive amounting to malice, and in conscious disregard ofPlaintifi's rights, Because the acts taken towards Plaintiff were carried out by managerial employees or agents acting in a despicable, deliberate, cold, callous and intentional manner in order to injure and damage Plaintiff, such acts constitute extreme and outrageous conduct which entitle him to recover punitive damages from defendants, WHEREFORE, Plaintiff demands judgment against the Defendants in excess of the jurisdictional amount requiring compulsory arbitration, specifically: n (a) For compensatory damages, including lost wages, lost employee benefits, bonuses, vacation benefits, mental and emotional distress and other special and general damages according to proof and as allowed by law; and (b) In excess of$IOO,OOO in punitive damages; and (c) Costs of suit and interest; and (d) Such further relief as the Court deems just and proper. COUNT FOUR (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS) Pfaintiff RotIald B. Saxe, II vs. Defendants 31, The avennents contained in Paragraphs I through 30 above are hereby incorporated by reference thereto as if fully set forth herein, 32, At all times mentioned, defendants Pennsylvania Millwork and Cabinetry, Inc. and Douglas Bushman, and each oftl:em, owed to Plaintiff the duty of reasonable care with respect to his status as an employee, 33. On or about August 23, 1995, Defendants terminated plaintiff's employment. Such action was done negligently and in violation of the contractual obligations owed by defendants, and each of them, to plaintiff. 34, As a further, direct, proximate and foreseeable result of defendants' conduct, plaintiff has suffered shame, despair, humiliation, embarrassment, depression It, and emotional distress resulting in damages, including lost wages, salary, benefits and certain other incidental and consequential damages and losses, WHEREFORE, Plaintiff demands judgment against the Defendants in excess of the jurisdictional amount requiring compulsory arbitration, specifically: (a) For compensatory damages, including lost wages, lost employee benefits, bonuses, vacation benefits, mental and emotional distress and other special and general damages according to proof and as allowed by law; and (b) In excess of$100,000 in punitive damages; and (c) Costs of suit and interest; and (d) Such further relief as the Court deems just and proper, COUNT FIVE (FRA UD) Plaintiff Ronald B. Saxe, II vs. Defendants 35, By the above-described acts, defendants Pennsylvania Millwork and Cabinetry, Inc, and Douglas Bushman, individually and through their officers, agents and employees acting within the scope oftheir employment, falsely and fraudulently and with intent to deceive and defraud plaintiff, represented to plaintiff that his status with Defendant PA Millwork was secure and he should report to work on August 24, 1995, to begin his employment with PA .. Millwork. Defendants further fraudently represented to Plaintiff, both expressly and impliedly, that he would not be discharged without just cause. 36, These representations by the defendants concerning employment were false and defendants knew them to be false and intended not to be bound by such representations, In truth and in fact, Mr, Saxe was tenninated by defendants not because his work perfonnance was unsatisfactory, but because it was the defendants' intent all along to tenninate Plaintiff or to refuse to hire him, 37, Plaintiff was unaW3re of defendants' intention not to be bound by their representations and justifiably believed and relied upon them, as he gave notice and ended his employment with Middletown Lumber, Inc, and refrained from seeking other more secure employment opportunities and was unable to timely undo his scheduled departure from employment with Middletown Lumber, Inc, 38, Plaintiff did not discover the fraud and deceit practiced on him until he was given notice of tennination or of the fact that Defendant Bushman had changed his mind about hiring Plaintiff on August 23, 1995, Plaintiff could not with reasonable diligence have discovered the fraud and deceit prior to his leaving his employment with Middletown Lumber, Inc" in that Plaintiff was repeatedly and continuously misled by defendants' false representations, Plaintiff had been given no indication before the evening of August 23, 1995, that he was going to be without employment with Defendant PA Millwork once he '" concluded his employment with Middletown Lumber, Inc, at the close of business on August 23, 1995, 39, As a proximate result of the representations of defendants, Mr, Sa,xe, II, Plaintiff has suffered, and continues to suffer, substantial losses incurred in seeking and performing substitute employment, and losses in earnings, bonuses, deferred compensation, and other employment benefits, and Plaintiff has suffered, and continues to suffer, embarrassment, humiliation and anguish, all to his damage, 40, Defendants committed the above acts maliciously, fraudulently, oppressively, and despicably, with the wrongful intention of injuring Plaintiff, from an improper and evil motive amounting to malice, and in conscious disregard of Plaintiff's rights entitling Plaintiff to recover punitive damages for such extreme and outrageous conduct, and each of them, WHEREFORE, Plaintiff demands judgment against the Defendants in excess of the jurisdictional amount requiring compulsory arbitration, specifically: (a) For compensatory damages, including lost wages, lost employee benefits, bonuses, vacation benefits, mental and emotional distress and other special and general damages according to proof and as allowed by law; and (b) In excess of$ I 00,000 in punitive damages; and (c) Costs of suit and interest; and 11 . , (d) Such further relief as the Court deems just and proper, COUNT SIX (NEGLIGENT MISREPRESENT A TION) Plaintiff Ronald B. Saxe, !1 vs. Defendant,s 41, The averments contained in Paragraphs 1 through 40 above are hereby incorporated by reference thereto as if fully set forth herein, 42, During the course ofPlaintilrs negotiation with Defendants, and each of them, to commence employment with PA Millwork, Defendants misrepresented to Plaintiff that he was in fact hired as a new employee and would commence employment with PA Millwork on August 24, 1995, 43, Defendants, and each of them, when they made their above-described representations of fact to Plaintiff, had no reasonable basis for believing that Plaintiff would be anything other than a competent, loyal, diligent and qualilied employee, Defendants' representations of employment to Plaintiff were made with the intent that Plaintiff rely on them, and did reasonably rely on them to his detriment. 44, In making such representations of fact, and in suppressing and failing to disclose facts material to Plaintilr s employment relationship with Dcfendanl8 andlor his employment relationship with his former employer, Middletown Lumber, Inc., Defendants negligently misled Plaintiff about his prospects fur I,' . , job security, Defendants, and each of them, knew, or reasonably should have known, that Plaintiff would rely on the Defendants' representations and Defendants' failure to disclose facts material to Plaint ill's continued employment relationship with Middletown Lumber, Inc., his fonner employer and Defendant P A Millwork, his new employer, Plaintiff did rely on Defendants' misrepresentations and failure to disclose material facts all to Plaintill's detriment. 45. As a direct, foreseeable and proximate result of the Defendants' negligent misrepresentations, Plaintiff has suffered, and continues to suffer, substantial losses in earnings and other employment benefits, and Plaintiff has suffered, and continues to suffer, pain, discomfort and anxiety, humiliation and emotional distress in the future, WHEREFORE, Plaintiff demands judgment against the Defendants in excess of the jurisdictional amount requiring compulsory arbitration, specifically: (a) For compensatory damages, including lost wages, lost employee benefits, bonuses, vacation benefits, mental and emotional distress and other special and general damages according to proof and as allowed by law; and (b) In excess of$100,OOO in punitive damages; and (c) Costs of suit and interest; and (d) Such further relief as the Court deems just and proper, 1< COUNT SEVEN (WRON(lFUI. D1SCHAR(iE) Plaintiff Rlltlald B. Saxe, 1II',fo nefendant,~ 46, The a~ermenls contained in Paragraphs I th.'ough 45 above are hereby incorporated by reference thereto as if fully set forth herein, 47, In consideration of Defendants' above-described representations and promises of employment, Plaintiff ended his employment relationship with his former employer, Middletown Lumber, Inc" and he agreed to perform and is ready, willing and able to perform employment services for Defendant PA Millwork in a competent, diligent and qualified manner, 48. Defendants have failed and refused to perform the employment agreement and, in fact, they discharged PlaintilfMr. Saxe ITom their employ without justification, against public policy and in bad faith, 49, On or about August 23, 1995, Defendants discharged/refused to permit Plaintiff to commence employment with Defendants on the false pretense of an alleged negative reference of employment that Defendants had learned ITom a third party, 50. In committing the acts set forth above, Defendants were without legitimate cause or justification to discharge PlaintifflTom its employ, but were motivated '" . ,. . solely by malice towards Plaintiff with the willful intent to injure Plaintiff in his livelihood. 51, Defendants' intentional willful conduct interfered with Plaintiff's employment agreement with Defendant PA Millwork, in that Plaintiff was discharged in breach of his employment agreement and without just cause, 52, Defendants further in bad faith fraudulently represented to Plaintiff, both expressly and impliedly that he would not be discharged without just cause, 53, Defendants' discharge of Plaintiff's employment with it was wrongful, in bad faith, arbitrary and unfair as it was without just or legitimate cause, 50+, As a proximate result of Defendants' breach of the employment agreement and wrongful discharge of the Plaintiff, Plaintiff has suffered, and continues to suffer, substantial losses in earnings, bonuses, overtime, deferred compensation and other employment benefits, which he would have received had Defendants not breached the agreement and/or wrongfully discharged him, plus expenses incurred in attempting to obtain substitute employment, Bllto his damage, WHEREFORE, Plaintiff demands judgment against the Defendants in excess of the jurisdictional amount requiring compulsory arbitration, specifically: (a) For compensatory damages, including lost wages, lost employee benefits, bonuses, vacation benefits, mental and emotional distress and other special and general damages according to proof and as allowed by law; and 1"1 I .. , . " . WHEREFORE, Plaintiff demands judgment against the Defendants, and each of them, in excess of the jurisdictional amount requiring compulsory arbitration, specifically: (a) For compensatory damages, including mental and emotional distress and other special and general damages according to proof and as allowed by law; and (b) Costs of suit and interest; and (c) Such further relief as the Court deems just and proper. COUNT NINE (/.OSS OF CONSORTIUM) Plaintiff Ronald B. Saxe, II vs. Dtrfendants 58, The averments contained in Paragraphs 1 through 57 above are hereby incorporated by reference thereto as if fully set forth herein, 59. As a direct and proximate result of the damages suffered by his wile, Plaintiff Jean Saxe, from the acts described above on the part of the Defendants, and each of them, Plaintiff Ronald B, Saxe, II, has been deprived of the society, companionship, contributions, and consortium of his wife, Plaintiff Jean Saxe, to his great detriment and loss. 60, As a result of Defendants' negligent and/or intentional conduct, Plaintiff Ronald B. Saxe, II, has suffered a disruption in his daily habits and pursuits and .n ~) '" V) ~ .- '-' -c') I'v-i ~ <1' ?-: ~ \~ '" ". ~~ M :~;:$ ~'f:t::" ~~) :' ''5 :x: -' :.l ~--.::r- 2 "- 'i 7?i "2<,.) 1'\'\ I. -~ ':) '?iJ r\') _"t' :"I~ ~ I ~ fi!~ ,.- - ,;1 ... ... -) '.G '0 ""I .r~ ~ "y \5 o.L' :;:J ~ 0' u cJ ,t')' - '--I' . .. , . .. .. , I II ~- i. i: l"~ - , . ), [.:. ~ Le. . -, Y,i I ~." ~ hi; c.J fl.-II - I I ~ .'1_ i I' ,") I l.J ()\ ) _ _.......__. _. ,_,._.d.._ _.n'. .'. -- ---.-----.- -_..__...__.-..~-- . _...... _ "...-_.__.' ___.on '0'___ --- --- --~ --.------. ... '1..- , r ' . . r - Ill. . _, '" ,< ' < ~. '~ " .,,, - ----......~ C ,'9" " . t-" ,. . .,~~..''''. , . r . . ~ . .1 . f T ~ .. , i . \, ' ~ . . ,. . ',. ". " - > ~~ ~~ ~~~~ ~"'P11 ~~~~ ~8 .~ Ir~ ~ . o-i<!:!! ;!jHH '0 ~ _ ~~i HjH - Co ~ I~~ 0'0 ~~~ ~]~ r>l Co i ~ ~ ~ :;; J ~ I\~ ~g d ~8 ~~ i~~~~ ~h~~ ~ < ~ ~ J < ~ '0 C <II "'.... H'... H =- ~~ 1Il~ Q~ !~ , > . , . . ~ . IIlIi , ., ~..'i. ',-;!' . 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"'J .,1. ,'_i. i lL r-. ., 0 tJ' (,) 4 ~ ):" PRAECIPE FOR LISTING CASE FOR ARGUMENT (fotJst be typewritten and subnitted in dupl.icatel TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next Argunent Court, _______________________________.00_______________________________________________________ CAPTION OF CASE (entire caption lIIJBt be stated in full) (Plaintiff) ~, ~ ~ .., %~ ~\:. ~ ~' - -,; 7:1- ..' (..J ,') UiJ, .";\- r;E. ." ~ ..... .,' ,,;C: - ',.~ ;::( 'it <J. :p~. .". ... N '.t1. U' -- RONALD B. SAXE, II and JEAN SAXE, his wife VB. DOUGLAS BUSHMAN, Individually, and t/d/b/a PENNSYLVANIA MILLWORK AND CABINETRY, INC. ( Oeferx:lant ) No, 96-3136 Civil AC"T'TNJ 19 QF; 1, State matter to be arguEd (Le,. plaintiff's motion for new trial. defendant's dEmJrrer to cattllaint. etc.): Defendant's Preliminary Objections, 2, Identify ccunsello'ho will argue case: (a) far plaintiff: John M. Shugars, Esquire Address: 2459 Walnut Street, Harrisburg, PA 17103 (b) far defendant: Thomas J. Williams, Esquire Address: Ten East High St.reet, Carlisle, PA 17013 3, I will notify all parties in writing within tw:> days that this case has been listed for argunent. 4. Argunent Court Date: March 5, 1997 'll-,-, )w.fL~ ,,:-. , CY' (Y) -t! ; ~. .,. lIJC~ (.~ , .~ (..,)-, J" F~,l;. ) .. -:::;. -. . ) . i'~ ~~: ,.... ~ i . .j '.1<'1. .j l t;::! ' (;. . t~~ Lj ,"u l,. oI.. l,. r- C.I .' c..t' - , 1 . .. ; ~ ~~ ~ '<..:. ~~ '\) " ,1 ~ l . ':.:! _:i ~ ," .... z.... 0 t3 ~ 0 ~ f'. t~ . "'. - ~.2j '5J~~ S ,~ ::! ~ I;;;s ] ~ ~~g~~ H'~ ill 0"-1;; . " .. U .- ~~~ g .~ ~..., H :> ~~ 8:tz .~ 0 i~03~ 1 ~ ~ :r. 0- 1 H ~ e~~~ , ill 6 ~ C)j~~ ~ III . < 0 ~ ~ ~ ~ ); ~ , J iJ: --=- , ~ ..:r "" LUQ - :S - ~c:. :r: ~, j0' "'-1; ~ )::J f... <:0 "Cn ". i _'_ -...... 11' C:~ "'GJ s::: Lu .'10.. u.. Io. r- ':5 0 0- U .'~ ' f \f1LF.5IDATArlLf!'4iIiNI)(X.\I".....1.J.4Ur Ir\lt. CJaladOlll}'9101~)I^M .n'\MIt 01l14I'J100t)U'iAM RONALD B, SAXE, II, and JEAN SAXE, his wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v, NO, 96-3136 CIVIL ACTION - LAW DOUGLAS BUSHMAN, Individually, and tldfb/a PENNSYLVANIA MILLWORK AND CABINETRY, INC, Defendants JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL AND NOW, comes Defendants, Douglas Bushman, and Pennsylvania Millwork and Cabinetry, Inc" by and through their attomeys. MARTSON, DEARDORFF, WILLIAMS & OTTO, asking this Court for an Order directing and compelling the Plaintiffs to answer Defendants' Interrogatories, and in support thereof, avers as follows: 1. Plaintiffs commenced this action and filed a multi-count Complaint on or about June 4, 1996, 2, Plaintiffs served Interrogatories on Defendants on September 17, 1996, 3, Defendants answered the Interrogatories on January 27, 1997. 4. Defendants served Interrogatories on Plaintiffs on October IS, 1996, A copy of Defendants' Interrogatories Directed to Plaintiffs is attached hereto and marked as Exhibit "A.n 5, To this date, Plaintiffs have not answered Defendants' Interrogatories, WHEREFORE, Defendants, Douglas Bushman, and Pennsylvania Millwork lInd Cabinetry, Inc., respectfully request that your Honorable Court issue an Order compelling and directing Plaintiffs to answer Defendants' Interrogatories, MARTSON, DEARDORFF, WILLIAMS & OTTO By 1~J t1J.JtMAA. Thomas J, wflliams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Date: February 14, 1997 l~' . , , . ... Z UlO< Ul 0<> .... +> lol..:l .... c ..:l>< ... 0 III ~Ul +> Ill:;!: ..., f&l ~ - Z c ,< c tJ ZZ 'tJ ... .L ru ClLl r:: IU ,to<: .... ~ll. IU .... 'tlP<. QJ ~~ 01 ll. '0 0 ~ 'l5~J ~~ o . :r ....... +>;1: U>< I" ...'.. ..:l ll. i- 101 :0 . 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