HomeMy WebLinkAbout04-3410
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 04 - 3'-110 (lZlJlTfn.yI
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 referenced below.
NAME OF APPELLANT
tlJ( JklKokr>" /r7t" / (JIfI.<6-" ftbrlhu
ADDRESS OF APPELLANT /-- -/
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I MAGJ~F/_ 01
CITY
ZIP CODE
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H (' f.e~,^"f
"!lTATE
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(Defendant)"
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SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT / l f j j
l:!!~t I~(see Pa. t2~/ No. 1001(6) in action
I C';;IDI~<;
.lit
/5'70/
This block will be signed QNL Y when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the 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 ONL Y when appellant was DEFENDANT (see Pa.R.C.P.D.J. 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
C-rtJ21~
.5 f-rl'li'-e L
Name of appel/ee(s)
(!;u, L
lE/2...n'\
appellee(s). to file a complaint in this appeal
(Common Pleas No. (')4 -34ltJ
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
(J~of.pp.Jf-h1-eL
(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 mail.
1f(aJt rh" ~;atu-;' ofappe~fo;ayo,.g.nl
RULE: To
. appellee(s)
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing. p. em
Date: )~fll.20QY ~AOA> D ~ . S,"./{/(,rolhonotaryJ,o
YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
fEN
PROOF OF SERVICE OF NOTICE Of APPEAL AND RULE TO FILE COMPLAINT
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-COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-1-01
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME ald ADDRESS
'sTANEK, GREGORY J I
3 CEDAR ROAD
CARLISLE, PA 17013-9752
Mag. Disl. NQ
DJ Name: Ho~.
CHARLES A. CLEMENT, JR.
Addles~ 400 BRIDGE STREET
OLDE TOWNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
TelC!prone: (717 ) 774-5989 17070
L
.J
VS.
DEFENDANT: NAME and ADDRESS
IKBL PETROLEUM INC/GREASE MONKEY I
1758 RT 286 WEST
INDIANA, PA 15701
.J
-
KBL PETROLEUM INC/GREASE
1758 RT 286 WEST
INDIANA, PA 15701
<111 . :3
2Ar 051
THIS IS TO NOTIFY YOU THAT:
Judgment:
MONKEY
L
I Docket No.: CV- 0000134 - 04
Date Filed: 3/22/04
FOR PT.l\TNTIFF -
[i]
[Xl
Judgment was entered for:
(Name)
~~A~~, ~~~r~RV J
Judgment was entered against: (Name)
JrnL PF.TROT,F.UM T1ITC/GRF.l\SF. MOllTKF.Y
in the amount of $
1 ,21 r:; _ 1 q on:
(Dafe of Judgment)
F./1r:;/04
o Defendants are jointly and severally liable.
D Damages will be assessed on:
D This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 1,144.19
$ 71. 00
$ .00
$ .00
$ 1,215.19
D Amount of Judgment Subject to
Attachmentf42 Pa.C.S. S 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Post Judgmenf Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
~
ANY PARTY HAS THE RIGH'!' TO APPEAL WITH!N 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FIL!NG A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS. CIVIL DIVISION. YOU
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 DISTRICT JUSTICES, IF THE JUDGMENT 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 DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTE,DIN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS INFULL. SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
.jU M 1 5 2004 Date
~Q,~.~,
, Disttict Justice
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date
. District Justice
My commission expires first Monday of January, 2008
SEAL
AOPC 3' 5-03
DATE PRINTED:
6/16/04
9:32:52 AM
GREGORY J. STANEK
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION, LAW
V.
KBL PETROLEUM INC.
T/A GREASE MONKEY
DEFENDANT
~IO
: NO. 04~
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 aHer this complaint and notice are
served, by entering a written appearance personally or by attomey 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 judgment may be entered against you by the
court without further notice for nay 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 LA WYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFJi'ICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES. THAT MY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
GREGORY J. STANEK
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PA
v.
CIVIL ACTION - LAW
KBL PETROLEUM INC.
T/A GREASE MONKEY
DEFENDANT
NO. 04-2410
COMPLAINT
1.) Plaintiff Gregory J. Stanek is an adult individual and a resident of
Middlesex Township, Cumberland County, Pennsylvania.
2.) Defendant is a Pennsylvania corporation with a place of business at
2313 Gettysburg Road, Camp Hill, Pennsylvania, in which it sells automotive
supplies, products and services.
3.) On December 26, 2003, plaintifftook his 1999 Chevrolet Tahoe to
defendant's place of business where he delivered possession of the vehicle to an
employee of defendant and waited in a waiting room while defendant performed the
maintenance items listed on Exhibit A attached.
4.) Defendant's employee drove the vehicle into the garage where the
work was done after which an employee drove it from the garage.
5.) The employee drove the vehicle from the garage in a negligent
manner; he sideswiped a concrete post on the right exit of the garage with the right
side of the vehicle.
6.) The right rear door of the vehicle struck the post which caused
property damage to the vehicle specifically to the right rear door and molding the
and right front door and molding.
7.) Plaintiff paid $1,144.19 for repairs to the vehicle including painting
the damaged part of the vehicle.
8.) The amount paid was a fair and reasonable price for the labor and
material furnished.
I"
9.) Plaintiff has requested payment from defendant but payment has been
refused.
10.) Plaintiff claims costs in the amount of $71.00 paid to Charles A.
Clement, Jr., District Justice, in the case docketed in his Court to CV-0000134-04,
from whose decision defendant has filed this appeal.
WHEREFORE, plaintiff demands judgment of defendant in the amount of
$1,215.19 plus interest and costs.
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~rrney for Plaintiff
VERIFICATION
1, Gregory J. Stanek, hereby verify that the statements of fact made in the
foregoing instrument are true and correct to the best of my knowledge, information
and belief. 1 understand that any false statements therein are subject to the criminal
penalties contained in 18 Pa. C.S. 4904, relating to unsworn falsification to
authorities.
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LICENSE PLATE PIHNil20G
ALTERNATE ID
MILEAGE 67B31
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Grease Monkey personnel perform a number of visual safety checks on customer
vehicles; no repairs, however, have been performed by these personnel. The customer
Is urged to have any repair flem noted on this work order made at his earliest
convenience. No warranty Is etther expressed or Implied by Grease Monkey that all safety
rePairs needed or defective parts will be Identified by tis personnel's vtsuallnspectlon,
CC/COUPONIl'O
ADD'L AUTHORIZATION
~1;HICLE 1/
V1N #
LEASE #
DRIVER iO
FLEET #
COMPANY NAME I.
DRr\IER NAME
R.colltnd It'an5lh.ion Strvi"e
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Next Service Datel 93/25/2004
Next Serylce Miliagel 7eBJI
Exhibit A
Cardholder ac:knowledges receipt of goods and/or services In the amount 01 the total shown hf"
and aglees tel perform the obllgaUons set forth In the Cerdholder's agreement whh the Issuer.
AUTHORIZED & RECEIVED BY www.grea.emonkeylntl.1com
.....__... ..._u 'n. "'ftmlnd to Or.... Monkey. We .lpprecl8te your buelne.sl
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GREGORY J. STANEK
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PA
v.
CIVIL ACTION - LAW
KBL PETROLEUM INC.
T/A GREASE MONKEY
DEFENDANT
NO. 043410
PRAECIPE TO ENTER JUDGMENT
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Please enter judgment in favor of plaintiff and against the defendant in the
amount of$I,144.19 plus $57.21 interest and $70.00 costs a total of $1,271.40.
I certify that a written Notice of intention to file the praecipe was mailed to
the defendant at least ten days prior to the date of the filing of said praecipe. A
copy of the Notice is attached hereto.
Defendant was not represented by an attorney of record.
Date: :< ~~ (kj 0'1
Resrectfull, y submitted,
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Jo M. Eakin
ID ~6351
Market Square Building
Mechanicsburg, PA 17055
(717) 766-3172
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GREGORY J. STANEK
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION, LAW
v.
KBL PETROLEUM INC.
T/A GREASE MONKEY
DEFENDANT
3l.\ ID
: NO. 04-2aQ'
TO: KBL PETROLEUM INC. T/A GREASE MONKEY
DATE OF NOTICE: OCTOBER 11,2004
IMPORT ANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES 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
NO T HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRlNG A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITII INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
;M\ e
4/r (~~'
Jo . Eakin
M et Square Building
Mechanicsburg, P A 17055
(717) 766-3172
"
.
GREGORY J. STANEK
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION, LAW
V.
KBL PETROLEUM INC.
T/A GREASE MONKEY
DEFENDANT
: NO. 04-3410
CERTIFICATE OF SERVICE
I certify that I served a copy of the Complaint in the above matter on the
defendant by mailing a true and correct copy of the Complaint by first class mail
addressed to the defendant at 1758 Route 286 West, Indiana, PA 15701 on July 29,
2004.
Date: July 29, 2004
"-
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John M Eilin
Market quare Building
Mechanicsburg, P A 17055
(717) 766-3172
ID # 06351
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INTHE COURT OF COMMO;~ PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Plaintiff
( ) Conlessed Judgment
( X) Other
Caption:
Gregory J. Stanek
File No.
04-1410
vs.
Amount Due $1,271.40
Interest from 25 October 2004
KBL Petroleum Inc.
rIA Grease Monkey
Defendant
Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 011966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
for debt, interest and costs, upon the following described property of the defendant(s)
County,
Person;:11 property in~ludjng all ::\.utomot:i.ve products and supplies on oremises at
2313 Gettvsburg Road, Camp Hill, Pennsvlvania.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
o (Indicate) Index this writ against the garnishee(s} as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date
-:t."
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Signature:
Print Name:
Address:
~,~"" ~
Joh M. Eakin
Market Square Building
MechanicsburR, PA 17055
Attorney for: Plaintiff
Telephone: (717) 7nh-1177
Supreme Court 10 No.: 06351
(over)
Notes: If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
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WRIT OF EXECUTION andlor ATTACHMENT
.
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-3410 Civil
CIVILACTlON - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GREGORY J. STANEK, Plaintiff (s)
From KBL PETROLOUM, INC. TIA GREASE MONKEY, 2313 GETTYSBURG ROAD, CAMP
HILL, P A
(I) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL
PROPERTY INCLUDING ALL AUTOMOTIVE PRODUCTS AND SUPPLIES ON PREMISES AT
2313 GETTYSBURG ROAD, CAMP HILL, PA.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attaclunent 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) Ifproperty ofthe 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 helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $1,271.40
Interest FROM 25 OCTOBER 2004
L.L. $.50
Atty's Comm %
Atty Paid $72.75
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: DECEMBER 20, 2004
CURTIS R. LONG
(Seal)
Proth02
-By; tv., ,
,[} ~d/2d{~
Deputy
REQUESTING PARTY:
Name JOHN M. EAKIN, ESQUIRE
Address; MARKET SQUARE BUILDING
MECHANICSBURG, P A 17055
Attorney for: PLAINTIFF
Telephone; 717-766-3172
Supreme Court ID No. 06351
, .
WRIT OF EXECUTION andlor ATTACHMENT
.
- COMMONWEALTH OF PENNSYLV ANIA)
COUNTY OF CUMBERLAND)
NO 04-3410 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt. interest and costs due GREGORY J. STANEK, Plaintiff (s)
From KBL PETROLOUM, INC. T/A GREASE MONKEY, 2313 GETTYSBURG ROAD, C
HILL, P A
(I) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL
PROPERTY INCLUDING ALL AUTOMOTIVE PRODUCTS AND SUPPLIES ON PREMISES T
2313 GETTYSBURG ROAD, CAMP HILL, PA.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined m
paying any debt to or for the account of the defendant (s) and from delivering any property of the defen ant
(s) or otherwise disposing thereof;
(3) If property ofthe 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 s a
garnishee and is enjoined as above stated.
Amount Due $1,271.40
Interest FROM 25 OCTOBER 2004
L.L. $.50
Atty's Comm %
Atty Paid $72.75
Plaintiff Paid
Date: DECEMBER 20, 2004
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
REQUESTING PARTY:
Name JOHN M. EAKIN, ESQUIRE
Address: MARKET SQUARE BUILDING
MECHANICSBURG, PA 17055
Attorney for: PLAINTIFF
Telephone: 717-766-3172
Supreme Court ID No. 06351
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned SATISFIED.
Sheriff s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
TOTAL $
18.00
25.43
.50
\.00
10.36
20.00
75.29
Pd by Defendant
this i':L day of ~
2005A.D'1=~ ;
OTHONOTARY ~
~~~
R. Thomas Kline, Sheriff!
cfaud & &Lzh~
By, Claudia A. Brewbaker
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Sworn and Subscribed to before me
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ATTORNEY John M. Eakin
WRIT NO. 2004-3410 Civil
DISTRIBUTION
Gregory J. Stanek
-vs-
KBL Petroleum, Inc., tJa Grease Monkey
Real Debt
Interest
Attorney's Comm.
Writ Costs, Arty
Writ Costs, Pltff.
Miscellaneous Attorneys Fees
Sheriffs Costs:
Docketing
Poundage
Posting Sale Bills
Law Library
Prothonotary
Service
Misc. Bad Check Charge
Advertising
Postpone Sale
Surcharge
Garnishee
Levy
TOTAL
Defendant Paid to Sheriff
Advance Costs
Total Collected
DISTRIBUTION
Pd. To Pltff.
Refund of Adv. Costs
Pd. To Prothonotary
$ 1271.40
13.65
72.75
$ 18.00
25.43
.50
1.00
10.36
20.00
$ 1357.80
150.00
1.50
$ 1357.80
$ 75.29
$ 1433.09
150.00
$ 1583.09
So AnS2
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R. Thomas Kline, ~:
By rJ ~d-CL 9
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