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Home My WebLink About01-3780 JACK R KNIPE, III, Plaintiff IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION-LAW CUSTODYNISITATION MANDY S, HEWLETT, Defendant :No, 01 - ~ '1 'i1J CIVIL TERM COMPLAINT FOR CUSTODY 1, The Plaintiff is Jack R Knipe, lIT, residing at ] 64 Amy Drive, Carlisle, Pennsylvania, 17013 2, The Defendant is Mandy S, Hewlett, residing at The Cumberland County Prison, Carlisle, Pennsylvania, 17013, 3, Plaintiff seeks custody of the following children: NAME RESIDENCE DOB AGE Kevin M, Knipe 164 Amy Drive, Carlisle, PA 17013 1/5/99 2 yrs, 5 months Alyssa N, Knipe 164 Amy Drive, Carlisle, PA 17013 ] 1/3/00 o yrs, 8 months 4, The children were bom out of wedlock 5, The children are presently in the custody of Jack R Knipe, III, Father. 6, During their lives, the children have resided with the following persons at the following addresses: KEVIN M, KNIPE NAME ADDRESS DATES Mandy S, Hewlett 213 Plaza Drive, Boiling Springs Birth until January 2001 Jack R Knipe, III, 164 Amy Drive, Carlisle January 200] until Present ALYSSA N, KNIPE NAME ADDRESS DATES Jack R Knipe, III 164 Amy Drive, Carlisle Birth until Present 7. The mother of the children is Mandy S, Hewlett, currently residing at The Cumberland County Prison, Carlisle, Pennsylvania 17013, She is tmmarried, 8, The father of the children is Jack R Knipe, III, currently residing at 164 Amy Drive, Carlisle, Pennsylvania 17013, He is unmarried, 9, The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: N/ A 10, The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following persons: N/ A 11, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, 12, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, 13, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 14, The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A Plaintiff has tmdertaken and performed the primary parental responsibilities for each of the children; and B. Plaintiff is best able to provide the care and nurture which the children need for healthy development; and C. Defendant is erratic and abusive behavior poses a threat of harm to the children; and D, Defendant frequently abuses alcohol and other illegal substances and is therefore unreliable as custodian of the children; and E, Defendant has left both children alone on numerous occasions; and F. Defendant is currently incarcerated in Cumberland County Prison and is also facing charges in other jurisdictions, 15, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action, WHEREFORE, Plaintiff requests the Court to grant physical custody of the children to the Plaintiff pending the hearing, (1), subject to such reasonable periods of supervised custody by Defendant as may be mutually agreed upon between the parties Date ~ ( I ~ lo\ Paul Bradford rr, Esquire Attorney for Defendants 50 East High Street Carlisle, P A 17013 (717) 258-8558 Supreme Court LD, #71786 VERIFICA TION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. * 4904, relating to unsworn falsification to authorities. DATE: (.7/ ///()/ / ;Z~ /C- g~ -- -b -p ~ g \t- \t- 'Vi o - - t;:. .....J -tJ ~ G\ ~ 3 ~ , . -' JACK R. KNIPE, III, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. :CIVIL ACTION - LAW :CUSTODY /VISIT A TION MANDY S, HEWLETT, Defendant :No.:01-3780 CIVIL TERM AFFlDA VIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 25th day of June, 2001, Irving Wallace, Pennsylvania State Constable, in the above-captioned action, served a true copy of the Complaint for Custody, executed by the Plaintiff' in the above-captioned matter, upon the Defendant by hand delivery on June 19,2001, at 4:45 o'clock AM at the Cumberland County Prison located at 1101 Claremont Road Carlisle, PA ] 70] 3 (See attached and marked as Exhibit "A"), Dated: G l'l5 01 ~ Paul Bradford Orr, Esquire -- Irving Wallace Pennsylvania State Constable 5 East Louther Street Carlisle, PA 17013 June 21,2001 Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 RE: Jack R. Knipe, ill vs Mandy S. Hewlett Civil Action Law No. 01-3780 RE.IfA.R1CS: SefWd Mandy S. Hewlett Cumberland County Prison 06-19-01 at 4:45 PM PLEASE REMIT FEE OF: $25.00 .Paid Ling Wallace Pennsylvania State Constable 5 East Louther Street Carlisle, PA 17013 Phone 717-243-6778 Pager 717-241-7557 Fax 717-243-7937 EXHIBIT "A" w JACK R. KNIPE, lIT PLAINTIFF V, MANDY S, HEWLETT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3780 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW. Wednesday, June 27, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear belore Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 02, 2001 at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to schednled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq. M Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infOlmation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 # ~ 1;' ~/~4dc; !(l}Cf . - . -;fr 2 /rF'-.?nI ~"71l7 I [),gc, ? IF? r $' /1;rVW W fc>1J ,,)g' , /LlU!? n 'I ?OOIf;# JACK R. KNIPE. Ill. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v CIVIL ACTION - LAW MANDY S. HEWLETT. Defendant NO. 01 - 3780 CIVIL IN CUSTODY COURT ORDER AND NOW, this 9. day of August, 2001. upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Jack R. Knipe, Ill. shall enjoy legal and physical custody of Kevin M. Knipe. born January 5, 1999 and Alyssa N, Knipe, born November 3, 2000. 2. The Mother. Mandy S. Hewlett, shall enjoy periods of temporary custody with the minor children at such times as agreed to by the parties. 3. This order is entered in recognition oftbe fact that Mother did not attend the custody conciliation conference, In the event Mother desires to modifY this order. Mother may petition the court at which timc another custody conciliation conference will bc scheduled, BY THE COURT. cc: Greg Cutler. Esquire /J4 J. Mandy S. Hewlett 89 Spring Garden Estates Carlisle. PA 17013 fl~ L- ~-9-0 { ~ ~ S:j '.'/ ;:.r:'}\~)'\iN~d "-'i-:.-::':?,i.-\;nQ "'j!1 J 0 ":j... I ' I JACK R, KNIPE, Ill, Plaintifl' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MANDY S. HEWLETT, Defendant NO, 01 - 3780 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I, The pertinent infonnation pertaining to the children who are the subject of this litigation is as follows: Kevin M. Knipe, born January 5, 1999 and Alyssa N. Knipe, born November 3, 2000, 2, A Conciliation Conference was held on August 2. 2001, with the ftlllowing individuals in attendance: The Father, .lack R, Knipe, Ill, with his counsel. Greg Cutler. Esquire. The Mother did not appear. An affidavit of service has been filed indicating shc was served with the Notice of the Conciliation Conference, Also, Father indicates that she acknowledged to him that she was aware of the conciliation conference, 3. The Conciliator recommends the entry of an order in the form as attached. 9/;/0/ DATE ' Hubert X. Gilro , Esquire Custody Con ' mtor MANDY S. CLARK, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION - LAW JACK R. KNIPE, Respondent : NO. 01-3780 CIVIL : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER I, The petitioner, Mandy S. Clark, by her attorneys, the Family Law Clinic, respectfully represents that on August 9, 200 I, an Order of Court was entered for Alyssa Knipe (child), born November 30, 2000. A true and correct copy of this order is attached as Exhibit A. 2. The order of August 9, 200 I, grants Respondent (Father) legal and physical custody of the child and grants Petitioner (Mother) periods of temporary custody at times agreed upon by the parties, 3. On October I, 200 I, the child was found to be dependent, as per Order of Court docketed at Juvenile No. 2001-224. On March 31, 2004, an Order of Court was entered terminating the dependency of the child. 4. As per the March 31, 2004 Order, Father was granted primary physical custody of the child. Mother was granted partial custody of the child. Mother is to have physical custody of the child on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., on her other days off from work, from 9:00 a,m. until 5:00 p.m" and every other holiday. 5, The prior custody order should be modified because: a. Father is currently incarcerated at the Cumberland County Prison. b. Father gave custody of the child to Mother on or around October 17,2005, c, Mother is ready, willing, and able to accept primary physical custody of the child. d, Mother is willing to encourage a relationship between the child and Father upon his release from prison. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Petitioner primary physical custody as it reflects the current status quo and is in the best interest of the child. Date: 1/-;.-00 c;b~ Certified Legal Intern . ',("\ /1 , .It nLL~~ j) '-... HOM ~PLACE ROBER E, RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 . VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa, C.S. ~ 4904 relating to unsworn falsification to authorities, , t(~_. Date: : I '\ (ll ' ' II' {;It "'to --,--... :; 6f JACK R. KNIPE, III, Plaintiff ___J COpy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MANDY S. HEWLETT, Defendant NO. 01 - 3780 CNIL IN CUSTODY COURT ORDER AND NOW, this "I" day of August, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Jack R. Knipe, III, shall enjoy legal and physical custody of Kevin M. Knipe, born January 5, 1999 and Alyssa N. Knipe, born November 3, 2000, 2. The Mother, Mandy S, Hewlett, shall enjoy periods of temporary custody with the minor children at such times as agreed to by the parties. 3, This order is entered in recognition of the fact that Mother did not attend the custody conciliation conference, In the event Mother desires to modifY this order, Mother may petition the court at which time another custody conciliation conference will be scheduled. BY THE COURT, ,44 J. cc: Greg Cutler, Esquire fl~ L '3-9-0 I ~ ~ Mandy S. Hewlett 89 Spring Garden Estates Carlisle, PA 17013 EXHIBIT I A ... .... ~] COpy JACK R. KNIPE, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LA W MANDY S. HEWLETT, Defendant NO. 01 - 3780 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 J-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the children who are the subject of this litigation is as follows: Kevin M, Knipe, born January 5, 1999 and Alyssa N. Knipe, born November 3, 2000. 2. A Conciliation Conference was held on August 2, 200 I, with the following individuals in attendance: The Father, Jack R. Knipe, III, with his counsel, Greg Cutler, Esquire. The Mother did not appear. An affIdavit of service has been filed indicating she was served with the Notice of the Conciliation Conference, Also, Father indicates that she acknowledged to him that she was aware of the conciliation conference, 3. The Conciliator recommends the entry of an order in the form as attached, P/7 /0/ DATE ' yqQ) (-'\ ~:_~ '-.:-', :"11 :~j :'r'h C", p.,-' c; ,,') .< MANDY S. CLARK, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW JACK R. KNIPE, Respondent : NO. 01-3780 CIVIL : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Mandy S. Clark, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date L/ to -(;{.; -'I {~{{ Ie /)( ROBERT Ef AThIS , THOMAS ' PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 (- .," ~".:; ,." AUf: 0 7 ZOOltO JACK R, KNIPE. Ill, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v CIVIL ACTION - LAW MANDY S, HEWLETT, Defendant NO, 01 - 3780 CIVIL IN CUSTODY COURT ORDER AND NOW, this 3ilL day of August, 2001. upon consideration of the attached Custody Conciliation Repon, it is ordered and directed as follows: I, The Father, Jack R. Knipe, Ill, shall enjoy legal and physical custody of Kevin M. Knipe, born January 5, 1999 and Alyssa N. Knipe, born November 3, 2000, 2, The Mother, Mandy S, Hewlett, shall enjoy periods of temporary custody with the minor children at such times as agrecd to by the parties, 3, This order is entered in recognition of the fact that Mother did not attend the custody conciliation conference, In the event Mother desires to modify this order, Mother may petition the court at which time another custody conciliation conference will be scheduled, ti J. Richard J. Pierce COURT AOMINISTRATOR ONE COURTHOUSE SOUARE . CARLISLE, PA 17013, ,)::A?IY r()Y ~lp _' . ~J"".#' ~~.:!- ':.~."d# '--.'-' " " , ";;jt~> '?l~;.=~---~-:'l . \~ ~ f i:JG 09'0 I \ r~~ ::'.3 4::1-: : \ ~"W. - -: \, FBMmR : 7158334 tl,!,~AGE : " ., \. 1'.1 I'. II' l .l...i \. PEN~~'S\t\ ' Mandy S, Hewlett 89 Spring Garden Estates Carlisle, PA 17r\1~ HEWLOeq 170~3300~ 160~ i3 08/";Ot RETURN TO SENDER .L..... HEWLETT MOVED LEFT NO ADDRESS UNABLE TO FORWARD RETURN TO SENDER . MANDY S, CLARK PLA INTlFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~/ V, 01-3780 CIVIL ACTION LA W JACK R, KNIPE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, April 12, 2006___, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear be!llfe Hubert X. Gilroy, Esq. , the conciliator, at~tI1l'!o~r, Cumberland County Courthouse, Carlisle on Thursday, April}? ,1006 ~_____ at 9:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the coun, and to enter into a temporal) ordcr. All children age five or older may also bc prcsent at the confercnce, Failurc to appear at the conference may provide grounds for entry of a temporary or pcrmanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!. FOR THE COURT. By: Isl Hubert X Gilrov. Esg._~ Custody Conciliator f' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE AN A TTORNEY 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 Telephone (717) 249-3166 / ,15~)\\\ 1JU [!LP ~inJo. ,C\II\lt c '. \;).\J.. 'lie. '1\'\0< 1.1 \ I~t /',0' I .V\ r-L,V-l. &CC II yv II" hull' ~L".' ,\,v- QClI,<e( J J /tl1ec,IJ el\l.. c ('l.l,l\e "\\L\"'~ .0<\ "D.\~ $\~. J.-[l \(Y L . 'V' _IV \c) lL , "L\ C .. \\ -< ~ \\a!Y$ ,il"\' V .' y , '. <- t- \\t~ \(}.c'< . ,', -....),{..\.:-...\ " \C) \ , ?:..~ a::;:.n;;rt:;>\ ;6 '''P' .J:7,?.?J;n-;/ (:/cl) , .y;r' r " r" 'l" v "70 JC1l #7-+ #~L /~Y1/ ~ /4? -?ihH';/? .. / '.7;.::/ ;; /'1T7"w ~.. F?;J <YJr/' ,.7r/! n"J ") <J : 1 (1 t ',: \": ", ~.J ;:, 1.", ,. ." JACK R. KNIPE, III, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW MANDY S. HEWLETT (CLARK), Petitioner : NO. 01-3780 CIVIL : IN CUSTODY CERTIFICATE OF SERVICE I, Tara M. Yutzy, Certified Legal Intern, the Family Law Clinic, hereby certifY that I am serving a true and correct copy of a Petition to ModifY Custody Order and Order of Court scheduling a conciliatiQn on the following person by first class U.S. Mail, postage prepaid, this Zt..f'- day of ~ ,2006: Jack R. Knipe Cumberland County Prison 11 0 I Claremont Road Carlisle,PA 17013 ara M, Yu Certified Le F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 Jack R. Knipe, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW IN : CUSTODY Mandy S. Clark (Hewlett) , Defendant : NO. 01 - 3780 CIVIL TERM CERTIFICATE OF SERVICE I, Lauren McHale, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Praecipe to Withdraw Petition to Modify Custody on Mr. Jack Knipe, residing at Cumberland County Prison, 1101 Claremont Road, Carlisle, P A 17013, by depositing a copy of the same in the United States mail, postage prepaid. f ~J fJ~kt1 Uauren McHale Certified Legal Intern F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 ~" c"":".:) o -il '-'''-'. .'C::.J..... .....,,/ C"\ Jack R. Knipe, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CNIL ACTION - CUSTODY Mandy S. Clark (Hewlett), Defendant DOCKET # 01-3780 PRAECIPE TO WITHDRAW PETITION TO MODIFY CUSTODY To the Prothonotary: Please allow Mandy Clark (Hewlett) to withdraw the Petition to Modi/}' Custody filed with the court on April 24, 2006. bq+ed: Mj I, 2006 M(fY! i1qkdl ~auren McHale Certified Legal Intern RM~~ THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNS TON- WALSH ANNE MACDONALD-FOX WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 -- .-.::: ~'''' cr"l , _~_,"M""",,,",,'~~:rN" ',c, IF" MANDY S. CLARK, Plaintiff v JACK R. KNIPE, Defendant \ R:;'-~. liJiI~' IN THE COURTOFCOMM~~~-O~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3780 IN CUSTODY COURT ORDER 14- AND NOW, this ~ day of May, 2006, The Conciliator being advised that the Petition to Modify Custody has been withdrawn, the Conciliator relinquishes jurisdiction. H~Y' &qmre Custody Conciliator ...t' ,'..JK"1 I S!' I~ \"- I \.\\~\t1\ \l"\'1\~\",:iC i \ ,,\I\C"-' rol '\.n'\,nv1,\J'ln,J"\ 1',.....\'.\ I ',.' .,,' ,..."-' oj ,oj c (pO\ ~~ Q \ k ~'tl qUUl j..tN10NO\-\lO'dd 3'r\l :JO j~:BQ.{)!\H