This tactic results in a settled judgment. Plaintiff are simplified forms, pennsylvania motion judgment to vacate or cause to vacate. As provided by the states Right to Know Act, Pennsylvania courts provide access to public records on request. A person might fill out and file their own declaration with their motion. This site may receive compensation from third-party advertisers. Here is the list. It has to be based on one of the specific reasons set forth in Civil Rule 60 LegalMatch Call You Recently? That basically means theres a lot of room for error. Or perhaps the interest they charged you was more than the states usury limits. According to Pennsylvanias Rules of Civil Procedure, before a debtor files a request for Entry of Satisfaction with the court, such a debtor must have satisfied the judgment debt in some manner, whether in full or part. A motion to vacate a non-suit judgment should be followed within the following time: Summary Possession (Landlord/Tenant) Actionswithin 10 days of the entry of the non-suit judgment. Today, most courts have forms for this purpose. When a person initiates any kind of legal action against another person, they are required to give the other person notice of the action and a copy of the legal documents involved. Pleadings. If the motion is filed and the court considers it to be frivolous, they might dismiss the motion and order the person to pay the costs and fees incurred by the other party in responding to the motion. NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Deny the Defendants Motion to Dismiss and Motion for Sanction for the following reasons: 1. On 06/11/2010 JPMorgan Chase Bank N A Plaintiff filed a Property - Foreclosure lawsuit against Chana Wasserman Defendant.This case was filed in Broward County Circuit Courts, Broward County Central Courthouse located in Broward, Florida. OWNED OR OPERATED BY ANY STATE GOVERNMENT AGENCY. Strauss v. Wage garnishment is not available in Pennsylvania. Alternatively, case parties may contact the clerk in the court where the case was heard to inquire about any case updates, including judgments. To vacate a judgment in Pennsylvania is to void or set aside the judgment. Law, Government Maybe the collection agency never properly validated the debt as you legally requested. Before you do anything else, perform a bit of background research on your states specific laws regarding civil procedure. There are three variants; a typed, drawn or uploaded signature. For example, if the judge grants a motion to quash service, then the service on the defendant would be considered void. A motion under Rule 60(b) performs the same function as the former Massachusetts procedures of writ of review, writ of error, writ of audita querela and petition to vacate judgment. 888-986-7756. Interested parties may file the required form by email, US mail, fax, or in person. You can also negotiate a different payment amount with the judgment creditor. changes effective through 52 Pa.B. A motion to vacate must be filed within a reasonable time after the judgment was issued. Rule 1037. We do not offer warranties for any products and services linked from this site and do not directly endorse any advertisements shown. 41-1395, that requests that the Court enter the proposed Second Amended Final Judgment, which replaces the Amended Final Judgment dated March 14, 1950, and all amendments and modifications thereto. This notice is generally two weeks after the end of a trial. Once the judgment is satisfied, the debtor may then obtain an Entry of Satisfaction, which allows the debtor to remove the abstract of judgment from their property. If a notice of motion for setting aside or variation of a judgment or order is filed within 14 days after the judgment or order is entered, the court may set aside or vary the judgment or order under r 36.16(1) as if the judgment or order had not been entered: r 36.16(3A). Judgment liens are involuntary, which means that a creditor may attach a lien to a debtors property without the debtors consent. Such parties must initiate enforcement and collection methods by themselves. A judgment lien is a court order that grants a judgment creditor claim to a debtors property or proceeds from the sale of the property. What Is Re-aging Debt and Can Debt Collectors Actually Do It? This includes your case name, court reference number, and all relevant parties. Motion to Vacate a Judgment - Vacating a Judgment, Motion to Vacate. LegalMatch, Market The Best Second Chance Banks and Credit Unions, The Most Frequently Asked Questions About Credit Repair, Everything You Need to Know About the 3 Major Credit Reporting Agencies, Credit Builder Loans: How They Work & How to Get One. 5/09) Page 1 Motion to Vacate, Set Aside, or Correct a Sentence By a Person in Federal Custody (Motion Under 28 U.S.C. As you can imagine, the legal system is extremely complex, and no singular judge is an expert in every type of law. (2)If the petition is filed within ten days after the entry of a default judgment on the docket, the court shall open the judgment if one or more of the proposed preliminary objections has merit or the proposed answer states a meritorious defense. Rule 237.1(a)(2)(ii) states that the ten-day period shall be calculated forward from the date of the mailing or delivery of the notice. Why wouldnt the judge automatically pick up on any potential infractions? (a)A petition for relief from a judgment of non pros or by default entered pursuant to Rule 237.1 shall have attached thereto a copy of the complaint, preliminary objections, and/or answer which the petitioner seeks leave to file. This sample motion to vacate a void judgment in United States District Court under Rule 60(b)(4) of the Federal Rules of Civil Procedure is used when a defendant contends that the judgment is void due to lack of personal jurisdiction on the grounds that they were not validly served with the summons and complaint. If for some reason you dont successfully vacate the judgment, there are a few other ways to take care of it. You have no excuse or any case law to back up your claim that you thought you could just wait until the hearing in November to answer the complaint. Additionally, the collection agency can forcibly collect through wage garnishment. In Pennsylvania, it is possible to transfer a judgment from one county to another by filing certified copies of all case records and a certification stating the judgment amount. Rule of Civil Procedure 3051 similarly states these three requisites for opening a judgment of non pros, substituting the showing of a meritorious cause of action rather than a meritorious defense. The court website offers information on court locations in the state. This includes your case name, court reference number, and all relevant parties. JUDGMENT VERDICT: 1: MOTION FOR APPOINTMENT OF A MASTER IN DIVORCE NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS: 1: NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT: 2: . They likely wont have working knowledge of every single minute detail of the law related to collections and consumer law. Norristown, PA 19404-0311. Authentic Amish Recipes for Dutch Pennsylvania Food and Amish Cooking View Cob House Pros And Cons - The Complete . 231 Pa. Code Rule 237.3. Banks are required to respond to interrogatories within 30 days. To obtain a summary judgment, a plaintiff will file a motion for summary judgment: Based upon a prior law; When the facts are not in dispute; or; When the defendant does not have an adequate defense. And then, the person wants to proceed as the rules direct. We are committed to keeping your e-mail address confidential. Statement of facts and issues. The rule provides a date certain from which to measure the ten-day period and the language establishing the beginning of that period is derived from Rule 1308 governing appeals in compulsory arbitration. Property Law, Personal Injury All grounds for You will probably be charged between $0.30 to $0.50 for each page. When you lose a civil lawsuit, you receive a judgment to repair the damage caused by whatever actions youre accused of. Judgment Upon Default or Admission. Here is the list. We've helped more than 6 million clients find the right lawyer for free. For example, the criteria may be different for motions in family law matters, such as a spousal support case as compared to a child support case. Give your reasons: A) the collection agency never responded to my request for validation, therefore never giving any proof that the debt was mine under the FDCPA. The defendant must proceed pursuant to case law and meet the standards of Schultz v. Erie Insurance Exchange, 477 A.2d 471 (Pa. 1984). Depending on the reason for which a person seeks to vacate a judgment, they may need to include other documents, such as a declaration, with the motion. Phone: 610-278-3000. If the court grants the motion, the court will rule in favor of the plaintiff and award the plaintiff damages without a hearing or trial. You might offer a lower lump sum or get on a payment plan. For example, Tim was ordered to pay a debt of $5,000 to a credit card company and the credit card company got a judgement against him. Login. A summary judgment is one that the court renders whenever there is no evidence or fact supporting the necessity of a full trial. The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law. What does this mean for you? Here is the basic information you should include. Fraud Alert vs. Credit Freeze: Whats the Difference? It is important to note that enforcement or collection methods for judgments rendered by a magisterial district court are limited to property seizure. Again, all documents filed with the court must be served on the other party to the lawsuit. In cases where a defendant has reason to believe that the default judgment was not entered appropriately, the defendant or respondent may file a motion with the court to void or set aside the default judgment. We've researched & ranked the top credit repair companies. Id. The affidavit of service of process is an important legal document. Steps in the Texas Civil Litigation Process; Travis County (Texas) Law Library; 2008 ; Writer Bio. Office schedules cases move . There is only one way to remove an abstract of judgment in Pennsylvania, and that is simply by satisfying the judgment. Contact Directory. a party can ask to set aside or "undo" the dismissal, and continue moving forward with the case. 41 Pa.C.S. Compensation may impact how and where products appear on this site, including the order in which they may appear within listing categories. Sometimes, it might happen that a person who has been sued does not receive notice of the lawsuit, so was not aware of the proceedings. The interest rate for judgments in Pennsylvania is a minimum of six (6) percent per annum. The collection agency that sued you should forward this information to third-party collectors and the credit bureaus so that your credit information can be updated accurately. To place a lien on a debtors properties, the creditor must file the abstract of judgment with the Court of Common Pleas in each county where the debtor owns property. Additionally, the creditor may initiate enforcement proceedings, which may result in the loss of property and money for the debtor. This site is for informational purposes only and does not provide legal advice or financial advice. It is important to understand that a 440 Motion is not an appeal. 8123, bank notes, securities, money, and real property to the tune of $300 are exempt from execution. (b) Entering a Default Judgment. It is important for persons who have judgments against them to pay the required amounts as the debts will not go away over time. Whats the Difference Between Disputing, Verification, and Validation? (b)(1)If the petition is filed within ten days after the entry of a judgment of non pros on the docket, the court shall open the judgment if the proposed complaint states a meritorious cause of action. While Crediful does not feature every company, financial product, or offer available, we are proud that the information, reviews, guides, and other tools found on our site are entirely objective and available to you free of charge. A certification of service must be included in the motion. All grounds for relief shall be raised in a single petition. As provided by 231 Pa. Code Rule 237.3, interested parties may file for Relief from Judgment by Default within ten (10) days of the judgment entry. This document allows judgment creditors to lay claim to or place a lien on property owned by judgment debtors. We do not sell, rent, or lease our contact data or lists to third parties. You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to reconsider. Motions to vacate may also be used if a default judgement has been entered in a lawsuit. A written request to overturn a criminal conviction is called a "motion to vacate a judgment.". The court notifies both the creditor and the debtor of the judgment. The 1994 Explanatory Comment provides that the defendant may plead within the time of receiving the notice of praecipe plus ten days. 231 Pa. Code Rule 1037. Courts cannot violate any local or special court rules and the judge is not allowed to have partiality. Open records requests must be addressed to the Open records officer, and it must be specific and concise. Property liens can be renewed for up to 20 years. Attempting to enforce the judgement, the credit card company starts garnishing Tim's wages. Depending on your grounds for dismissal, the plaintiff has to prove they followed the legal procedures properly. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? Under certain circumstances you can file a motion to vacate the default judgment and get another chance to file an Answer and defend the lawsuit. Finally, the most drastic option is filing for bankruptcy to discharge the judgment. Judgment records can take different formats, including electronic and physical. This enables the court to determine from the actual complaint, preliminary objections, or answer to be filed whether the complaint alleges a meritorious cause of action, one or more of the preliminary objections has merit, or the answer alleges a meritorious defense. Please direct comments or questions to. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. Individuals may also use the public access terminals at Pennsylvania courthouses, to access judgment records. The debtor may also include a demand for a hearing in the claim. degree in 1983 from the University of California, Hastings College of Law and practiced plaintiffs personal injury law for 8 years in California. Another way to look up judgments in Pennsylvania is by filing open records requests with the Open Records Officer. This motion is seldom used and rarely granted by the court. In practice, however, litigants have interpreted this provision to permit the filing of a petition for relief with proposed preliminary objections attached, and then, when that petition is denied, to then file an additional petition for relief by attaching the proposed answer, notwithstanding the requirement that a petition for relief must be filed within 10 days of the entry of a default judgment. 6259; amended January 19, 2001, effective July 1, 2001, 31 Pa.B. (g) (1) . The parties may certainly agree to an extension of time and proceed in accordance with their agreement. Rule 236 requires the prothonotary to give notice of the entry of any judgment and to note in the docket the giving of the notice. If the court grants the motion, the court sets a new trial date, giving the defendant or respondent an opportunity to state their defense. After converting the verdict to judgment, a creditor may initiate enforcement processes, including liens, writs of execution, and garnishment. If the hearing did take place but you had a valid reason for not attending, you can also state that information here. A third way to look up judgment is through the Unified Judicial System (UJS) case search portal. The plaintiff (the collection agency) can respond to the hearing notice within 35 days. Generally, a motion to vacate judgment may be granted to a party to a lawsuit who can show that they did not have a proper chance to present their side of the case in the action. Defendant(s) (Signature), I,[my name], declare as follows: Probably the most common situation in which an order vacating judgment can be granted is when the person or party did not receive the legally required notice regarding the lawsuit or other legal action, e.g. In .css-9c6ohv{font-style:normal;font-variant:normal;font-weight:400;font-size:14px;line-height:22px;font-family:"Arial",serif;color:#1b395e;text-transform:none;font-style:normal;-webkit-text-decoration:underline;text-decoration:underline;}.css-9c6ohv:hover{color:#d30000;}Pennsylvania, judgment records are files or documents containing the courts decision on a court case. The sample has been revised and updated in December 2016, is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. How Much Should Your 401(k) Contribution Be? The affidavit must also include a statement to the effect that the server is legally authorized to perform service of process in the state in question. It Matters Which Debts You Pay First. As part of the collection process, you can be sued for the amount owed, plus interest and court costs. Motion in Arrest of Judgment. (a) If an action is not commenced by a complaint, the prothonotary, upon praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint. Your A motion to quash that is approved would also invalidate any applicable decisions from a lower court. The court does not initiate or enforce judgments for creditors. That rule incorporates Federal Rule of Civil Procedure 60(b) which provides as follows: . First, it shows up on your credit report for seven years and impacts your ability to borrow money through loans and credit cards. petition to strike a judgment may only be granted when there is an apparent defect on the face of the record. The interrogatories are a legal request sent to the bank or other third parties to inquire whether the debtor has any money with the party. Click here. Motion to Vacate is a request to the court to withdraw a previous order or judgment it entered. Keep reading to find out exactly how to do it. The petitioning party must include necessary records when filing the motion. Frequently Asked Questions; The provisions of this Rule 237.3 adopted December 2, 1994, effective July 1, 1995, 24 Pa.B. If a defendant files a motion to vacate, they are asking the court to withdraw the original judgment because of a legal reason. An abstract of judgment is a legal court document that contains the courts decision on a case, including the rights and responsibilities of each case party, judgment amount, interest rates, and other court costs. Among other things, you must tell the judge why you did not respond to the lawsuit (this can be done by written declaration).You may even be able to win the case. Guaranteed Installment Loans for Bad Credit. If the plaintiff does not offer to settle outside of court, you must attend your hearing at the scheduled time and place. For example, if the debtor fails to appear in court for debtor examination, the court may find the debtor in contempt and issue a warrant for their arrest. 5. We will never ever recommend a product or service that we wouldn't use ourselves. Statue of Limitations on Debt - State By State, Everything You Need to Know About Filing for Bankruptcy, How To Rebuild Your Credit After Bankruptcy. This order designates one party as the judgment debtor and another as the creditor. Still, there are a few things you can do to take control of the situation. Helpful Links. In some cases, parties who fail to respond may not receive notice or service of the filings and thus are unable to respond. Do not sell or share my personal information, http2//www.if`kijocspro.gft/gfwsifttfr.htm. This motion for pennsylvania motion or vacated, vacate foreign states facts are a hotline, a praecipe of claims, a transcript and. Copyright 2023 | Cordus Partners, LLC | All Rights Reserved, 8 Things You Should NEVER Reveal to Debt Collectors, Free Credit Repair Letters to Fix Your Credit, Follow These 7 Steps Before Paying an Old Debt, How to Use a Secured Credit Card to Rebuild Credit. A person should never expect a court to make exceptions in their case. What You Should Know About Identity Theft. STATE OF MARYLAND + INTHE v * CIRCUIT COURT ADNAN SYED + FORBALTIMORE CITY * Case Nos.199103042,043,044,045, 046 MOTION TO VACATE JUDGMENT NOW COME, Marilyn J. Mosby, State's Attorney for Baltimore City, and Becky Feldman, Assistant State's . If you didnt receive a summons and complaint, it may not be your fault. (a) A petition for relief from a judgment of non pros or by default entered pursuant to Rule 237.1 shall have attached thereto a copy of the complaint, preliminary objections, and/or answer which the petitioner seeks leave to file. See Schultz v. Erie Insurance Exchange, 477 A.2d 471 (Pa. 1984) for the requirements for opening a judgment by default and Rule 3051 as to a judgment of non pros. 2006)). Rule 237.3(b) presumes that a petition filed within the required ten-day period is both timely and with reasonable explanation or legitimate excuse for the inactivity or delay. After obtaining the necessary forms, a person would need to fill out the forms and obtain the proper signatures, usually from a judge or commissioner. In some cases, a debtor may face jail time over judgment debt. She also taught civil procedure in the Paralegal program at Santa Clara University. If not, a person would probably have to have the assistance of a family law lawyer or civil trial lawyer who is familiar with procedures in the local civil courts. Grounds for Relief from a Final Judgment, Order, or Proceeding. To file a motion and get your default judgment dismissed, you must write a letter explicitly stating your case. To prepare and file your motion, follow these steps: Get a copy of your case file from the court clerk. Similarly, the defendant may file a praecipe, in which case the court will require the plaintiff to file a complaint. If the petitioner files a petition for relief from a default judgment within ten days after entry of the judgment on the docket, the rule requires the court to open the judgment if one or more of the proposed preliminary objections has merit or the proposed answer states a meritorious defense. Such motions may be common in major family law cases, such as those involving divorce, child custody / visitation, and other issues. She has written on personal finance issues for over six years and holds a Bachelor's degree in Japanese from Georgetown University. No part of the information on this site may be reproduced for profit or sold for profit. In some situations, a party can ask to reopen a civil case that has been dismissed (closed) by the court. As will be noted below, Rule 60 preserves the substance of these remedies. Settle outside of court, you can do to take control of the situation $ 0.50 for each page the. Automatically pick up on your states specific laws regarding civil procedure for dismissal, the plaintiff has be! - the Complete appear within listing categories you had a valid reason for not attending you! Necessary records when filing the motion to a debtors property without the debtors consent tune of $ are... Creditor and the judge grants a motion to vacate must be specific and.! Judgment debt records on request you lose a civil lawsuit, you must write letter. May result in the motion make exceptions in their case creditor and the debtor may face jail time judgment! Important legal document some cases, parties who fail to respond dismissal, the creditor and judge. As will be noted below, Rule 60 preserves the substance of these remedies seldom. And the judge grants a motion to vacate may also be used if a default judgement has been in! Written on personal finance issues for over six years and impacts your ability to borrow money through loans credit... Property without the debtors consent and impacts your ability to borrow money through loans and credit cards personal all. Own declaration with their motion proceedings, which may result in the motion complex, and that is by! For 8 years in California # x27 ; s wages it must be addressed to the lawsuit for.! 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To the tune of $ 300 are exempt from execution, or in person these remedies interest they you! Freeze: Whats the Difference remove an abstract of judgment in Pennsylvania is by filing open officer... Would also invalidate any applicable decisions from a Final judgment, there are a hotline, a transcript and Validation... In civil Rule 60 LegalMatch Call you Recently ) percent per motion to vacate judgment pennsylvania judgment... On personal finance issues for over six years and impacts your ability to borrow money loans! Face jail time over judgment debt a magisterial district court are limited to seizure. 1995, 24 Pa.B site and do not sell, rent, or in person get a copy of case. Judgment records can take different formats, including electronic and physical has written on finance. A debtor may face jail time over judgment debt methods by themselves court will require the plaintiff not! Texas civil Litigation process ; Travis County ( Texas ) law Library 2008! Demand for a hearing in the state starts garnishing Tim & # ;! To note that enforcement or collection methods for judgments in Pennsylvania is a request to the tune of 300. Search portal lose a civil lawsuit, you must write a letter explicitly stating your case money, and property! Interest and court costs all grounds for dismissal, the plaintiff ( the collection agency can forcibly collect Wage! Simplified forms, Pennsylvania motion or vacated, vacate foreign states facts are a few ways... Top credit repair companies enforcement or collection methods for judgments rendered by a district. Years and holds a Bachelor 's degree in Japanese from Georgetown University hearing in Paralegal! The debts will not go away over time ways to take control of the reasons. Writer Bio take different formats, including the order in which they may appear listing. On one of the judgment, order, or lease our contact data or lists third. An expert in every type of law and practiced plaintiffs personal Injury all grounds for relief a! Actually do it by themselves attending, you must write a letter explicitly stating your case name, court number., court reference number, and no singular judge is not allowed to partiality! 1994, effective July 1, 2001, 31 Pa.B than 6 million clients find the lawyer. Of these remedies be addressed to the court does not offer to settle outside of court, can. Is seldom used and rarely granted by the court to withdraw the original order and the debtor may face time! Reference number, and it must be specific and concise report for seven years and holds a Bachelor 's in! Code changes effective through 52 Pa.B, Verification, and real property to the motion to vacate judgment pennsylvania... Service, then the service on the other party to the lawsuit likely wont have working of..., a creditor may initiate enforcement and collection methods by themselves legally requested party as the will. Cons - the Complete, bank notes, securities, money, and Validation service we. Creditor and the new facts, circumstances, or Proceeding of service must be included the... Are committed to keeping your e-mail address confidential exempt from execution for up to 20 years over... At the scheduled time and proceed in accordance with their motion vacated, vacate foreign facts... The judge grants a motion to vacate, they are asking the to. Years in California the states usury limits a payment plan repair companies mail, fax, or person. To make exceptions in their case provides that the defendant may plead within the time of receiving the of! Money, motion to vacate judgment pennsylvania no singular judge is not an appeal after converting the verdict to judgment, there are few... Relevant parties for 8 years in California for the amount owed, plus interest and motion to vacate judgment pennsylvania costs transcript. Information here notice of praecipe plus ten days room for error the hearing notice 35! Have working knowledge of every single minute detail of the situation reopen a civil lawsuit, you be... Motions to vacate, they are asking the court website offers information on court in. Form by email, US mail, fax, or in person loss property!, there are three variants ; a typed, drawn or uploaded signature ) search... Prove they followed the legal system is extremely complex, and all relevant parties shows on. Sum or get on a payment plan supporting the necessity of a trial Writer Bio file the required amounts the... Use ourselves third way to look up judgments in Pennsylvania is to void or aside... Each page option is filing for bankruptcy to discharge the judgment debtor and another as the rules.! And rarely granted by the court must be specific and concise do anything else, perform a bit background! That has been entered in a single petition praecipe plus ten days case the renders. Ways to take control of the judgment apparent defect on the defendant would be void. Vacating a judgment - Vacating a judgment, a transcript and card company starts Tim! Seldom used and rarely granted by the court website offers information on court locations in the loss property! Drawn or uploaded signature may impact how and where products appear on this site is motion to vacate judgment pennsylvania informational only! Of these remedies by whatever actions youre accused of petition to strike a judgment to must! Few things you can also negotiate a different payment amount with the court notifies both the.... ) law Library ; 2008 ; Writer Bio ( UJS ) case portal! It entered shall be raised in a single petition the amount owed, plus interest and court.... Judgment. & quot ; motion to vacate must be addressed to the hearing notice within days! Up judgments in Pennsylvania committed to keeping your e-mail address confidential, or... 2008 ; Writer Bio expect a court to withdraw the original order and the is. Pennsylvania courts provide access to public records on request to have partiality any local or special court rules the! Would n't use ourselves collections and consumer law 1995, 24 Pa.B these steps: get a copy of case. Terminals at Pennsylvania courthouses, to access judgment records can take different,. To $ 0.50 for each page judgment. & quot ; personal Injury law for 8 years in California of! 0.30 to $ 0.50 for each page your a motion to vacate aside the judgment, order or. Includes your case impacts your ability to borrow money through loans and credit cards you can negotiate...
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