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HomeMy WebLinkAbout00-05613 VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT INCORPORATED Plaintiff VS. CLARENCE E NELSON Defendant NO. 00 - S't:.13 GOL(~ 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 an attorney and filing in writing with the Court your defenses or obj ections 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims 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. 4th COlE'3' },f)1.IINIl'll'lth'I61< CI..vl1.b. ~. &:M-~OCJ1..J1:W F166E 1 ~Y~9:r18rR? ('I~"T1t-~/ ~91;lrth.Ol1.6C Ca.LH",l"" E'A 1)8lJ ~ ^I:b~ /"1._ ()'1)) 218 C2QQ ~l[., PR pOd ? 17 - ;)/19 -..lIe. b THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , ,,', C'_: -. -. '- '~.'~:' 'V.Coo, ",~ - ',~'~"',,~ '- ''C...-",.! '.^- j', c "_ _\'__'_'0 ~', '-,' ,_."" \-;"'""' .,- ,-'--~' - '--' ~--' VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4168100008982330 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS CLARENCE E NELSON 13 3 S ENOLA DR ENOLA, PA 17025-2712 DEFENDANT /)-'A ~ NO. tJO - 5"(;1.3 Cw<-K CIVIL ACTION 1. The Plaintiff, First Select, Inc. is a Delaware corporation organized and existing under the laws of the State of Delaware with its principal place of business at 4460 Rosewood Drive, Pleasanton, CA 94588. Plaintiff is the owner of this account, which is the subject matter of this action. 2. The Defendant, CLARENCE E NELSON, is an individual who resides at 133 S ENOLA DR, ENOLA, PA 17025-2712. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit, bearing account number 4168100008982330. , !;.- . , __M'","-',;, ' ,To" ,"_.' = . _ "'C.,_"" "__c' ,- .. "-.-".:'-<----",,-'''_''--1_'~',": ,__~~_ . _,_ ._eo__, ,"-, _0" _, __ n_,_'" ,"'~,^_",! _, _ 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A". 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $3,208.36 as of 06/06/2000, plus pre-judgment contractual interest at the rate of 19.80% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $545.42. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $3,208.36, plus pre-judgment interest at the contractual rate of 19.80% per annum from 06/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $545.42, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. " - 1'~ ,-~--, \ ,'""'(.,..".-,-. - ., -:'!"~ ,-c ,,~" '."e" ,- -"f!~.<-" "1 ,,- - ,~', .~-': - -"!---:",~" . ^. _ "-. r._,_~_ o ^ . 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $3,208.36, plus pre-judgment interest at the contractual rate of 19.80% per annum from 06/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $545.42, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VA ERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .'(''': ',,",,'>'~r..~.'c" ,-'~'_;r- -, _-'"n\y'''-'''"L -",,' , -.\ - -,,- . ,_.,- ". "-''''- ~-". "'"".",-",,_.- "-,,'",- ,,- ,.. ,'nY . ;:; ., - .,. ~~, ~ VERIFICATION I, SUE CORaJEA , declare that as of June 12, 2000: I am a designated agent of FIRST SELECT INCORPORATED, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. ~ UJvw~ I Designated Agent ". . EXHIBIT 5040 JOHNSON DRIVE b ti- . F1RST SELECT :;; P.O. BOX 9104 " 3 il 0 R A T 1 0 N PLEASANTON, CA 94566 C 0 P 888-964-4000 ACCOU:-iT AGREEl'vlENT Your DISCOVER account has been transferred to First Select Corporation. Your DISCO'fER account was closed at the time of this transfer, and will therefore continue to be closed. This Account Agreement contains the t~rms that govern your First Select account (the "Account:'). In ~s A~eement,. "you" and "your" mean each person who is liable for payment on the Ac:count. "We," "cur," "ours," and "us" mean First Select Corporatlon or Its assl~e.es. Because your Account has been transferred to us, you are now obligated to rc:paythe Account to us Instead of DISCOVER.. If the Account was opened as aJomt account, we may act on the instrUctions of any joint accountholder. Payments I Finance Charges. As long as you have a balance outstanding on your Account, fmance charges are calculated as.follows: To figure the finance charges for each billing cycle, we multiply the average daily balance on your A.ccount by a daily periodic rate. The daily periodic rate we apply is your Account's .~ual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent DISCOVER account terms (the "Original Terms"). If your Original Terms provided for different Annual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate to your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement. . Fees. We will charge your Account a fee for each billing cycle within which your Account is delinquent (late charge). The amount oflhe late charge will be as disclosed in your Original Tenus or the maximum late charge pennitted by the law of your state of residence, whichever is lower. We will charge your Account a fee for each returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Original Terms, or the maximum returned check charge permitted by the law of your state of residence, whichever is lower. - To the extent provided in your Original Terms, and to the extent pennitted by applicable law, in addition to your obligation to pay the outstanding balance on your Account, plus interest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys' 'fees and court costs. If your Original Terms provided for an award of attorneys' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. Non-Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. Applicable Law; Severability; A,ssignment. No matter where you live, this Agreement and your Account are governed by federal law and by the law of the state designated as the applicable law in your Original Terms. If your Original terms did not contain an applicable law provision, then this Agreement and your Account are governed by federal law and the law of your state of residence. TIUs Agreement is a fInal expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement., If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable)aw, and the rest of the provisions in the Agreement will still be enforceable. We may transfer or assign our-right to all ot:...Some of your payments. If state law reqp.ires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a fiilancing statement with the state's S~cretary of State. ' Credit Reporting. If you fail to fulfill the terms of your credit obligation, a negative- credit report reflecting on YOUT credit record may be submitted to a credit reporting agency. In order to dispute any infonnation we are reporting about your Account, you must write to us at the following address: First Select . Corporation,-P.O. Box 9104, Pleasanton, California, 94566. YOUR BILLING RIGHTS, KEEP THIS NOTICE FOR FUTURE USE This noti:::e contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Erron or Questions About Your Bill lfyou think. your bill is_wrong, or if you need more information about an entry on your bill, write us' on a separate sheet, at thl! following address: First Select _ _ , Corporation, P.O. Box 9104, Pleasanton, CA- 94566.--Write to us' as iioori as- possible. We mUSt-hear' from y:ou- no later thai!. 60 days-after we sent you the fIrst bill on whic~ ~e 'err_or,or problem appe_~ed; Y,9U can telephone us, but doing so will not preserve-your rights. In youi-letter,- give'us-ti-i'e following:- YOLlr name and Account number. The dollar amount of the suspected error. Describe the error and explain. uyou can, why you believe there is an error. If you need more infonnation, describe the item you are not sure about Your Rights and Our Responsibilities After We Receive Your Written Notice We. must ac~owledge your letter within ~O days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive y~ur letter, we cannot try to collect or report you as delinquent as to any amount you question, including finance charges. We can apply any unpaid amount agamst YOUT credit line. You do not have to pay anY questioned amount while we are investigating, but you are still obligated to pay the parts of the bill that are not in question. ' Ifwe fmd that we made a mistake on your bi.ll, you will not have to pay any finance charge related to any questioned amount. Ifwe did not make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and the dat.e that it is .du.e. If you fail to pay the amoun~ we think. you owe, we may report you as delinquent. However, if our explanation does not sattsfy you and you -wnte to us wlthm 10 days tellmgus that you sttll refuse to pay, we must tell anyone we report you to that you question your bill. P-.nd we must tell you the name ofanyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. Ifwe do not follow these rules, we cannot collect the first $50 of the questioned amount even if your bill \,,'as correct. Special Rule for Credit Card Purchases If you have a problem with the quality of goods and services that you purchased with 'lour DISCOVER credit card and you have tried in good faith to correct the problem with the merch3!1t, you may not have t.o pay t~e ~emaining amount dU7 on the goods or services. Tnue a.r~ two limitations to this right; (a) you must have made the pUTchase In your ho:m~ st~te or, tfnot Wlthl~ y?ur home state, WIthin 100 miles of your current mailmg address; and (b) the purchase price must have been more than $50. These hmltatlOns do not apply lfelther we or DISCOVER own or operate the merchant, or if we or DISCOVER mailed you the advertisement for (he property or services. ZsaG 2586 C<il;ll,1 'r, ~ ~ ~.,f '" k_,,"", _u .._ ~ ~", ~!iI~.~ Im_,..,.~" ~__w= " h~' ""(" '~',. -. ""'r' "w~__ -_"'~ I . ._ . 1d ~ t ~ 8 ~ Yt C5 0 a 0 f:t. c: (2) .n 8 g d 5: "'" -Urn .{) nln! 2.=5 -:n Z::D "() ~ zr-- -,_~-J J..:! ~2::: "~ '-r.l -a (,Iv C:) ~ ~6 C) ~ J-;=:('-, ~"O 'r', p:: z~' ::<r 1~~ -CJ ~ Pc: :.J J 2: ~ =< .r.- ::0 -< --I~?',,'~~" n~~~,~~or.,'H'mi'5"''r~'1W8Wl!\$~~"~TI"r:: _ ~~,_ !"II "~ . SHERIFF'S ,RETURN - REGULAR CASE NO: 2000-05613 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INCORPORATED VS NELSON CLARENCE E WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NELSON CLARENCE E the DEFENDANT , at 0020:02 HOURS, on the 16th day of August , 2000 at 133 SOUTH ENOLA DRIVE ENOLA, PA 17025-2712 by handing to CLARENCE E. NELSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: ~~~I R. Thomas Kline 08/17/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before me this '7 ~ day of ~nr;-~:21TVO A.D. . ~C2~,~ rothonotary By: ~Af :""ItIlIJ!I~ ,.'. . . VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 133 S ENOLA DR ENOLA, PA 17025-2712 4168100008982330 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS CLARENCE E NELSON Defendant NO.00-5613 CV PRAECIP"E FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: $3,208.36 $545.42 $107.91 ($0.00) ($0.00) $3,861.69 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the 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. A true a~d correct copy of the notice pursuant to Pennsylvania Rule of viI Procedure No. 237.1 is attached hereto and marked Exhi' "A". AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff Y j!li'l. 'r "7',. - . AND NOW, ;< 6' "2 , *~~~t.. ~-z.\ Judgment is entered in favor of the Plaintiff and a 1nst the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. ~R.~ PROTHONOTARY r' PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '"",-13,) ^ ~ , . VALERIE ROSENBLUTII PARK A1TORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. DRIVE 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 A1TORNEY FOR PLAINTIFF I HEREBY CERTIFY TIIAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 133 S ENOLA DR ENOLA, PA 17025-2712 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS CLARENCE E NELSON Defendant NO. 00-5613 CV NOTICEOFPRAEC~EFOR ENTRY OF DEFAULT JUDGMENT TO: CLARENCE E NELSON 133 S ENOLA DR ENOLA,PA 17025-2712 DATE OF NOTICE: 9/6/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WIIHIN TEN (10) DAYS FROM TIlE DATE OF TIllS NOTICE, A ruDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY WSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLWWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4" FLOOR CARLISLE, P A 17013 (717) 240-6200 PARK~ BY:~ VALERIE ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. :,,~-~ .. ~~ '-, <~, ~. ' 9~ , . ". VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 133 S ENOLA DR ENOLA, PA 17025-2712 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS CLARENCE E NELSON Defendant NO. 00-5613 CV VERIFICATION Of NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that CLARENCE E NELSON, Defendant is over 21 years of age; that hiS/her place of residence/business is located at 133 S ENOLA DR ENOLA, PA 17025- 2712 and that he/she is employed and that he/She is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendme s. PARK W ASSOCIAT ,P.C. E10 ;;1it'::_~,_"".!!Ii T. ," i BY: Valerie Rosenbluth Park Attorney for Plaintiff ~ ~ VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 133 S ENOLA DR ENOLA, PA 17025-2712 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS CLARENCE E NELSON Defendant NO. 00-5613 CV 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: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PROTHONOTARY: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '" - I' ,c - ~ - - ,~~~-" .-~~ '" r~ i:; ~ -< - w -I;: 0 " r ~., -,1" ,'- ~~f ,~~ ~~""""""'"-- "'""PO' """, ~~jJJ)~ ~ ,-, "~~--'_M ~ ._" ~ ~ '-, ,~,""--". ~~ (') a 0 c a ~ "Tj vco (/) '-' men ,-" ~I~ 2~- v 2~' N (;)1).: -:B8 -":? tn ~e:: '.~6 < -' v ~'-i, ~Q --,---r' -'. ,c'5:i:1 ji;O ~ ,')..C) C 0'" :2 :;;! =< <.;; ::0 -< r 1 .!) , N ';, <., r.c !1iIlj~~,(fJ[~'WW'If'~_~~~"ilf!~_"."~_"",I!1.'\liII,"""","",mK'," _r.~~"""""",,,~~, ~, p? F .. ;-0 ~ 1)1[1'"