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HomeMy WebLinkAbout08-20292039006 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Capital One Bank 4851 Cox Road Glen Allen, VA 23060 Vs. APRIL RUSSELL 236 E ORANGE STREET SHIPPENSBURG PA 17257-2006 ASSESSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08 - 610a9 Cw; k Te *i 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 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, if available, 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 $3,019.50. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $3,019.50 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on 4/5/04. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,019.50 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. kEa-IfBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A 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. INBE G, ESQUIRE EXHIBIT "A" ti Capital One Bank 2039006 APRIL RUSSELL 4121741783209492 AFFIDAVIT I, SARA RUBIN, being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 4121741783209492in the amount of $2,541.58; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and corre to the best of y knowledge, information and belief. SARA RUBIN Sworn to and Subscribed before me this day of , 2007 Notary Public James J. Flood III Notary Public, State of New York Reg. #01 FL6142574 Qualified in Suffolk County My Commission Expires 03/20/201 r I i " ?t 00 _s7 i ri - _ r O SHERIFF'S RETURN - REGULAR CASE NO: 2008-02029 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK RUSSELL APRIL VS WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RUSSELL APRIL the DEFENDANT at 1637:00 HOURS, on the 11th day of April , 2008 at 8 E MAIN STREET NEWBURG, PA 17240 MATT REED, ADULT IN CHARGE by handing to 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 40.00 Affidavit .00 Surcharge 10.00 .00 ?/ir167 ?. 68.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/15/2008 GORDON & WEINBERG By: _ Deputy Sheriff of A. D. e qv? 2039006 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Capital One Bank VS. APRIL RUSSELL COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2029 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Total: $3,019.50 $3,019.50 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: Capital One Bank and that the last known address of defendant, APRIL RUSSELL, 236 E ORANGE STREET, SHIPPENSBURG PA 17257-2006. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this ram day of Jime , 2008 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $3,019.50 as per the above ertificat' n. Pr thonotar GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff v GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2039006 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY APRIL RUSSELL TO/PARA vs. DOCKET NO. : 08-2029 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT APRIL RUSSELL 236 E ORANGE STREET SHIPPENSBURG PA 17257-2006 DATE OF NOTICE/FECHA DEL AVISO: May 6, 2008 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 & WEINBERG, P.C. BY: FREDER C`1. WEINBERG, ESQUIRE JOEL . FLINK, ESQUIRE P10D-2 p U1 C (? 51 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2039006 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. DOCKET NO. : 08-2029 CIVIL TERM APRIL RUSSELL NOTICE Pursuant to Pa.R.Civ.P. 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 $3,019.50 LL Money Judgment $ Judgment on Award of Arbitrators$ L1 Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 PR THONOT 2039006 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Capital One Bank 4851 Cox Road Glen Allen, VA 23060 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. APRIL RUSSELL 236 E ORANGE STREET SHIPPENSBURG PA 17257-2006 and Farmers & Merchants Trust Co. 3 E 1ST ST BOILING SPRINGS PA 17007-9800 GARNISHEE DOCKET NO. : 08-2029 CIVIL TERM 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 APRIL RUSSELL (2) against defendant(s)and Farmers & Merchants Trust Co. garnishee(s) (3) AMOUNT DUE $3,019.50 INTEREST from June 12, 2008 $164.70 COSTS Prothonotary fee Sheriff fee TOTAL ?4-) FREDERIC I. NBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 0 Pa Arrq 198.00 ri nlg,5o 94 14,oo A .so . ? ATr IgR .50 aoo pLIa an, :SO 1i. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2029 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From APRIL RUSSELL, 236 E. Orange Street, Shippensburg, PA 17257-2006 (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: FARMERS & MERCHANTS TRUST CO, 3 E. 1S` Street, Boiling Springs, PA 17007-9800 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 $3,019.50 Interest from 6/12/08 -- $164.70 Atty's Comm % Atty Paid $187.50 Plaintiff Paid Date: 5/29/09 L.L. $.50 Due Prothy $2.00 Other Costs /it IIL9tw-9?Qw s R. Long, ary (Seal) By: Deputy REQUESTING PARTY: Name FREDERIC E. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 Sheriffs Office of Cumberland County Thomas Kline 4,„tr at'cumber, She Edward L Schorpp Solicitor r Ronny R Anderson Jody S Smith Chief Deputy OFFICE <' - E SHERiFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/08/2009 10:40 AM - Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2009 at 1040 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: April Russell, in the hands, possession, or control of the within named garnishee, F & M Trust, 3 E. 1st Street, Boiling Springs, Cumberland County, Pennsylvania, 17007 by handing to Kevin Stoner, Assistant Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on June 9, 2009 to April Russell at 236 E. Orange Street, Shippensburg, PA 17257. 2008-2029 So Answers, Capital One Bank vs April Russell R. eoms Kline, heriff e uty Sheriff FILED- OFF ICE OF THE PPOI' ONIVOTARY 7004 JUN 10 Pik 3: 05 CUP?iE:? -ice ?'?CINTY PENNSYI-VANIA Ga GCRDCN & WEIN3ERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Capital One Bank 4851 Cox Road Glen Allen, VA 23060 vs. APRIL RUSSELL 236 E ORANGE STREET SHIPPENSBURG PA 17257-2006 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2029 CIVIL TERM C = n and C :.I= Farmers & Merchants Trust Co. r- z 3 E 1ST ST BOILING SPRINGS PA 17007-9800 T `? z z GARNISHEE CD z r o z D CD M D C D ?? SSW ?d INTERROGATORIES IN ATTACHMENT ° 1 z t 1 CAD TO: Farmers & Merchants Trust Co. - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? yes. MS. Russ i maio-r4ilnS 4 dtpoSit tA((ount eoKIYIg i v1 -5.Pul.02, Tl,)d A((O?in-i' I5 2. At the time you were served or at any subsequent time ((AYVAlij was there in your possession, custody or control or in n J the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. LP ?" K0• 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. NO. 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? 1\i t) 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you AV 1* or to any person or place pursuant to your direction or consent and what was the consideration thereof? yes. A AlvfC+ dtf oS i+ vi AS noa+ 6 JON?, q?ZODI,tol pnjF-t)\l. 11-VAl'sAQ?Nppl 6. At any time after you were served did you pay, tD Nub) transfer or deliver any money or property to the eVt" ???KS defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? )fs A At6jt (4,V c(? i?ct S? 4ti' S U l -1-tIZ ?I o U tint 311 q1' 7. If you are a bank or other financial institutio , 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? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. ??. 8. If you are a bank or other financial institution, at the time you were served or 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? If so, identify each account. No, 9. How much is the value of any property in y.pur possession belonging to the defendant(s). Cur FREDERIC BERG, ESQUIRE JOEL M. FLINK, ESQUIRE ( Attorney for Plaintiff ?1 DATED: FILE OF THE 2009 M-1 16 R-11 ? 2 J? v h? 2039006 GORDON & WEIN'BERG, P.C, BY: FREDER.IC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE identification No.: 41204 1001 E. Hector Street, Ste 220 Conshohocken, PA 19425 484/351-0500 Capital One Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKED' NO, : 08-2029 CIVIL 'PERM APRILS RUSSELL and F,kM Trust Garnishee PRAECIPE TO DISSDLUE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with F&M Trust, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC 1. W INBERG, ESQUIRE JOEL M. FLIN , ESQUIRE Attorney for Plaintiff P0ll Fl_ OF THEE: P? Q 4 ?: t"?l 424 r'i 9 ? J 4 S. co p D ATTq C& gq 4Sa V* clay i a7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor,' Capital One Bank (USA) vs. April Russell Case Number 2008-2029 SHERIFF'S RETURN OF SERVICE 06/08/2009 10:40 AM - Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2009 at 1040 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: April Russell, in the hands, possession, or control of the within named garnishee, F & M Trust, 3 E. 1st Street, Boiling Springs, Cumberland County, Pennsylvania. 17007 by handing to Kevin Stoner, Assistant Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on June 9, 2009 to April Russell at 236 E. Orange Street, Shippensburg, PA 17257. 04/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $86.58 SO ANSWERS, April 08, 2010 RON R ANDERSON, SHERIFF f'. 13y . Sha on R. Lantz y4`?..s'O 11a 6j CK7 ?.?- ? SFv z8,6 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2029 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From APRIL RUSSELL, 236 E. Orange Street, Shippensburg, PA 17257-2006 (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: FARMERS & MERCHANTS TRUST CO, 3 E. 1St Street, Boiling Springs, PA 17007-9800 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 $3,019.50 Interest from 6/12/08 -- $164.70 Atty's Comm % Atty Paid $187.50 Plaintiff Paid Date: 5/29/09 L.L. $.50 Due Prothy $2.00 Other Costs 2,45-rit'is R. Long, tary (Seal) By: Deputy REQUESTING PARTY: Name FREDERIC E. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 } ;~_~ - 2039006~` ~,~ ~-~~ '~~~ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Capital One Bank vs. APRIL RUSSELL TO THE PROTHONOTARY: `"rat', ' :~~'~~,.,~!~; COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 08-2029 CIVIL TERM ORDER TO SATISFY JUDGMENT Kindly mark the judgment entered June 12,.2008 in the above- J captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. N,EI'wlr BY: FREDERIC I. WEI RG, ESQUIRE JOEL M. FLI ESQUIRE Attorney for Plaintiff P005 _. ~'g ~oo~~C ~~ ~ av sQ~ ~ M a d 'r~ ~- r1I~ ~.. fit; .1 ~, ~'r ~, ~`;~ ,f ~ ~.. ~. iYf f ~~ T.