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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-05-18
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 71 entries

Parties

Plaintiff Lakeview Loan Servicing, Llc
Defendant Theresa A. Mcelhone|Unk. Spouse If Any Of Theresa A. Mcelhone
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. EPOSIT REQUIRED FOR COURT COST TO CLERK $150.06 SHERIFF
  3. O COURT: 11/21/2024 ORDER OF SALE RETURNED ENDORSED ADVERT, & SOLD TO: DEFAULT ........................................................................................... FOR $77,326.00 DATE OF SALE 01/08/2024 (SEE ATTACHED IMAGE FOR DISTRIBUTION OF FUNDS BY SHERIFF)
  4. UDGMENT ENTRY(54303025) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF THERESA A. MCELHONE 10408 FOX HOLLOW DRIVE CLEVELAND, OH 44130
  5. UDGMENT ENTRY(54303024) SENT BY REGULAR MAIL SERVICE. TO: THERESA A. MCELHONE 10408 FOX HOLLOW DRIVE CLEVELAND, OH 44130
  6. UDGMENT ENTRY(54303023) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  7. UDGMENT ENTRY(54303022) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  8. UDGMENT ENTRY(54303021) SENT BY EMAIL. TO: PETER L MEHLER [email protected]
  9. UDGMENT ENTRY(54303020) SENT BY EMAIL. TO: RONALD J CHERNEK [email protected]
  10. UDGMENT ENTRY(54303019) SENT BY EMAIL. TO: RONALD J CHERNEK [email protected]
  11. ECREE OF CONFIRMATION (Parcel(s) #54528048) THE SHERIFF HAVING SOLD THE PROPERTY DESCRIBED IN THE ORDER OF SALE ISSUED TO HIM, THE COURT BEING SATISFIED OF THE LEGALITY OF THE SALE AND THAT THE NOTICE OF THE SALE WAS IN ALL RESPECTS IN CONFORMITY TO LAW, APPROVES AND CONFIRMS THE SAME AND DIRECTS THE SHERIFF TO EXECUTE AND DELIVER TO DEFAULT A GOOD AND SUFFICIENT DEED THEREOF. UPON FULL PAYMENT OF THE PURCHASE PRICE, THE PURCHASER WILL BE ENTITLED TO A WRIT OF POSSESSION AGAINST ALL PARTY DEFENDANTS. ALL UNDISPUTED STATE LIENS ARE PROTECTED AS PROVIDED IN R.C. SEC. 2329.192. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS MUST SERVE, IN A MANNER PRESCRIBED BY CIV.R. 5(B), ALL PARTIES NOT IN DEFAULT FOR FAILURE TO APPEAR NOTICE OF THIS JUDGMENT AND ITS DATE OF ENTRY UPON THE JOURNAL AND MUST NOTE THE SERVICE ON THE APPEARANCE DOCKET. NOTICE ISSUED
  12. LAINTIFF'S MOTION TO AMEND REAL ESTATE JUDICIAL SALE PURCHASE INFORMATION FORM IS GRANTED. THE RECORD IS AMENDED TO REFLECT THAT THE PURCHASER AT THE SHERIFF'S SALE WAS "LAKEVIEW LOAN SERVICING, LLC." NOTICE ISSUED
  13. OST JUDGMENT MOTION $30 . DOUGLAS A. HAESSIG (0079200) MOTION TO AMEND REAL ESTATE JUDICIAL SALE PURCHASE INFORMATION FORM 07/09/2024 - GRANTED
  14. EPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  15. LAINTIFF'S MOTION TO AMEND REAL ESTATE JUDICIAL SALE PURCHASE INFORMATION FORM IS DENIED. THERE IS NO EVIDENCE ANYWHERE IN THE RECORD WHICH SUGGESTS PLAINTIFF WAS THE PURCHASER AT THE SHERIFF'S SALE. IF PLAINTIFF WAS THE PURCHASER AT THE SHERIFF'S SALE, PLAINTIFF MAY REFILE ITS' MOTION WITH PROPER EVIDENCE THAT THEY WERE THE PURCHASER AT THE SHERIFF'S SALE. NOTICE ISSUED
  16. OST JUDGMENT MOTION $30 DOUGLAS A. HAESSIG (0079200) MOTION TO AMEND REAL ESTATE JUDICIAL SALE PURCHASE INFORMATION FORM 06/27/2024 - DENIED
  17. EPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  18. OS ORDER OF SALE RETURNED 1/10/2024, SOLD DATE 1/8/2024 SOLD TO: DEFAULT FOR $77,326.00
  19. ROOF OF PUBLICATION FILED. PUBLICATION COST OF $610.00 PREPAID TO LEGAL NEWS.
  20. OTICE FILED BY P1 LAKEVIEW LOAN SERVICING, LLC ATTORNEY RONALD J CHERNEK 0041431 NOTICE OF SALE
  21. ECORDER'S FEE $1.00
  22. ERTIFICATE OF TITLE $570.00 PAY TO REIMER, ARNOVITZ, CHERNEK & JEFFREY
  23. OTICE FILED BY P1 LAKEVIEW LOAN SERVICING, LLC ATTORNEY RONALD J CHERNEK 0041431 NOTICE OF SALE
  24. OTICE OF SALE AND APPROVAL OF APPRAISERS' FEES. THE SALE IS SCHEDULED FOR 12/18/2023 AT 9:00 A.M. AT CUYAHOGA.SHERIFFSALEAUCTION.OHIO.GOV. IF NOT SOLD ON 12/18/2023 IT WILL BE RE-OFFERED ON 01/02/2024 PURSUANT TO LOCAL RULE 27 IT IS HEREBY ORDERED THAT EACH APPRAISER NAMED BE COMPENSATED BY THE CLERK OF COURTS, FROM THE FUNDS ON DEPOSIT AS FOLLOWS: MICHAEL D. WAGNER, APPRAISAL COST: $53.34 REGULAR FEE AND MILEAGE. JOHN ANDREWS, APPRAISAL COST: $50 REGULAR FEE. LANA BLAZE, APPRAISAL COST: $50 REGULAR FEE. FEES TO BE TAXED AS COSTS IN CASE NO. CV-23-979668 DATED THIS 14th DAY OF NOVEMBER, 2023 NOTICE ISSUED NOTICE ISSUED
  25. OS LAND APPRAISAL FILED
  26. RDER OF SALE ISSUED TO TO SHERIFF WITH APPRAISAL Parcel#(s) 545-28-048
  27. UDGMENT ENTRY(52215882) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF THERESA A. MCELHONE 10408 FOX HOLLOW DRIVE CLEVELAND, OH 44130
  28. UDGMENT ENTRY(52215881) SENT BY REGULAR MAIL SERVICE. TO: THERESA A. MCELHONE 10408 FOX HOLLOW DRIVE CLEVELAND, OH 44130
  29. EAL AUCTION
  30. EPOSIT AMOUNT PAID PETER L MEHLER
  31. RAECIPE FOR ORDER OF SALE $820 PRAECIPE FOR ORDER OF SALE
  32. UDGMENT ENTRY(52215880) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  33. UDGMENT ENTRY(52215879) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  34. UDGMENT ENTRY(52215878) SENT BY EMAIL. TO: PETER L MEHLER [email protected]
  35. UDGMENT ENTRY(52215877) SENT BY EMAIL. TO: PETER L MEHLER [email protected]
  36. RDER ADOPTING MAGISTRATE'S DECISION AND DECREE OF FORECLOSURE. ORDER SEE JOURNAL. FINAL. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
  37. AGISTRATE'S DECISION(51930582) SENT BY REGULAR MAIL SERVICE. TO: THERESA A. MCELHONE 10408 FOX HOLLOW DRIVE CLEVELAND, OH 44130
  38. AGISTRATE'S DECISION(51930581) SENT BY REGULAR MAIL SERVICE. TO: UNK. SPOUSE IF ANY OF THERESA A. MCELHONE 10408 FOX HOLLOW DRIVE CLEVELAND, OH 44130
  39. AGISTRATE'S DECISION(51930580) SENT BY EMAIL. TO: PETER L MEHLER [email protected]
  40. AGISTRATE'S DECISION(51930579) SENT BY EMAIL. TO: PETER L MEHLER [email protected]
  41. AGISTRATE'S DECISION(51930578) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  42. AGISTRATE'S DECISION(51930577) SENT BY EMAIL. TO: DOUGLAS A. HAESSIG [email protected]
  43. AGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  44. ASE CALLED FOR HEARING. COUNSEL FOR PLAINTIFF AND DEFENDANT THERESA A. MCELHONE APPEARED. NO COURT REPORTER, BUT DIGITALLY RECORDED. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. MAGISTRATE'S DECISION TO ISSUE. NOTICE ISSUED
  45. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT, FILED 07/13/2023, IS GRANTED. NOTICE ISSUED
  46. OTICE FILED BY P1 LAKEVIEW LOAN SERVICING, LLC ATTORNEY PETER L MEHLER 0075283 NOTICE OF HEARING
  47. ELEPHONE DEFAULT HEARING SET FOR 09/20/2023 AT 09:00 AM. THE CASE IS SET FOR TELEPHONE DEFAULT HEARING. ANY PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST 14 DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. NOTICE ISSUED
  48. ENERAL PLEADING FILED BY P1 LAKEVIEW LOAN SERVICING, LLC ATTORNEY PETER L MEHLER 0075283 FINAL JUDICIAL REPORT
  49. FFIDAVIT FILED BY P1 LAKEVIEW LOAN SERVICING, LLC ATTORNEY PETER L MEHLER 0075283 ATTORNEY AFFIDAVIT
  50. FFIDAVIT FILED BY P1 LAKEVIEW LOAN SERVICING, LLC ATTORNEY PETER L MEHLER 0075283 AFFIDAVIT AS TO MILITARY STATUS
  51. OTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 09/20/2023 - GRANTED
  52. SPS RECEIPT NO. 50681950 DELIVERED BY USPS 05/27/2023 UNK. SPOUSE IF ANY OF THERESA A. MCELHONE PROCESSED BY COC 05/31/2023.
  53. SPS RECEIPT NO. 50681949 DELIVERED BY USPS 05/25/2023 MCELHONE/THERESA/A. PROCESSED BY COC 05/31/2023.
  54. AGISTRATE BRIAN S GOZELANCZYK ASSIGNED (MANUALLY)
  55. UMS COMPLAINT(50681950) SENT BY CERTIFIED MAIL. TO: UNK. SPOUSE IF ANY OF THERESA A. MCELHONE 10408 FOX HOLLOW DRIVE CLEVELAND, OH 44130
  56. UMS COMPLAINT(50681949) SENT BY CERTIFIED MAIL. TO: THERESA A. MCELHONE 10408 FOX HOLLOW DRIVE CLEVELAND, OH 44130
  57. LL NON-MILITARY CLIENT AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE FILE AND LOAN HISTORY IN QUESTION AND HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELIED UPON TO MAKE THE STATEMENTS CONTAINED IN THE AFFIDAVIT. ALL CLIENT EXECUTED MILITARY AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE APPROPRIATE DEFENDANTS' MILITARY STATUS. FAILURE TO PROVIDE APPROPRIATE AFFIDAVITS MAY RESULT IN MANDATORY PERSONAL ATTENDANCE OF AN AFFIANT FOR A HEARING, THE IMPOSITION OF SANCTIONS AND PENALTIES FOR PERJURY OR CONTEMPT, AND DISMISSAL OF THE CASE. BEFORE JUDGMENT IS ENTERED ON ANY CLAIM FOR FORECLOSURE AND/OR MONEY JUDGMENT IN A RESIDENTIAL MORTGAGE FORECLOSURE CASE, COUNSEL FOR PLAINTIFF AND ANY OTHER PARTY THAT ASSERTS A CLAIM FOR FORECLOSURE OR MONEY JUDGMENT MUST FILE AN AFFIDAVIT OR AFFIDAVITS. IN REGARD TO NON-MILITARY CLIENT AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS REVIEWED THE FILE. 3) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH A REPRESENTATIVE OF THE PARTY SEEKING FORECLOSURE AND/OR MONEY JUDGMENT OR ITS SERVICER AND THAT THIS REPRESENTATIVE: HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELATED TO THE CASE; HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE; AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE PLEADINGS AND COURT FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN. 4) PROVIDE THE FULL NAME OF THE REPRESENTATIVE DESCRIBED IN ITEM 3 AND THE DATE OR DATES OF THE COMMUNICATION. 5) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE PLEADINGS AND OTHER COURT FILINGS IN SUPPORT OF THE CLAIMS FOR FORECLOSURE ARE COMPLETE AND ACCURATE IN ALL RELEVANT RESPECTS. 6) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 7) BE SIGNED AND DATED BY COUNSEL OF RECORD. IN REGARD TO CLIENT EXECUTED MILITARY AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH THE AFFIANT OF THE MILITARY AFFIDAVIT AND THAT THE AFFIANT HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED NECESSARY WEBSITE AND/OR DATABASE TO DETERMINE THE MILITARY STATUS OF THE APPROPRIATE DEFENDANTS. 3) PROVIDE THE FULL NAME OF THE AFFIANT DESCRIBED IN ITEM 2 AND THE DATE OR DATES OF THE COMMUNICATION. 4) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE INFORMATION CONTAINED IN THE MILITARY AFFIDAVIT IS ACCURATE IN ALL RELEVANT RESPECTS. 5) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 6) BE SIGNED AND DATED BY COUNSEL OF RECORD. FAILURE TO SUBMIT AN APPROPRIATE AFFIDAVIT ON OR BEFORE THE DATE OF TRIAL, THE DATE THAT A MOTION FOR SUMMARY JUDGMENT IS RIPE FOR RULING, OR THE DATE OF DEFAULT HEARING, WHICHEVER IS APPLICABLE, WILL RESULT IN DISMISSAL OF THE CASE AND MAY RESULT IN FURTHER SANCTIONS. STANDARDIZED AFFIDAVIT FORMS ARE POSTED ON THE CUYAHOGA COUNTY COURT OF COMMONPLEAS WEBSITE HTTP://CP.CUYAHOGACOUNTY.US/INTERNET/COURTDOCS/MAGISTRATES/AFFIDAVIT (REV5).PDF. ALL AFFIDAVITS SUBMITTED PURSUANT TO THIS ORDER MUST BE IN THE FORMAT OF THESE STANDARDIZED AFFIDAVIT FORMS. IN LIEU OF THIS AFFIDAVIT: 1) IN CASES WHERE CLIENT AFFIDAVITS HAVE BEEN FILED, THE AFFIANT OR AFFIANTS MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY REGARDING THOSE AFFIDAVITS. THE REPRESENTATIVE MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. IF MULTIPLE CLIENT AFFIDAVITS ARE FILED IN THE CASE AND ARE EXECUTED BY MORE THAN ONE AFFIANT, EACH AFFIANT MUST APPEAR AT THE HEARING OF THE MATTER. 2) IN CASES WHERE NO CLIENT AFFIDAVITS HAVE BEEN FILED, AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY IN SUPPORT OF THE ALLEGATIONS OF THE COMPLAINT AND CONTENTS OF OTHER DOCUMENTS OR COURT FILINGS. THE OFFICER MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. 3) IN CASES WHERE NO HEARING IS SCHEDULED BEFORE THE ENTRY OF JUDGMENT (SUCH AS SOME SUMMARY JUDGMENT CASES), THE OFFICER OF THE PARTY SEEKING FORECLOSURE MUST, CONTEMPORANEOUSLY WITH THE MOTION FOR SUMMARY JUDGMENT, MOVE TO SCHEDULE A HEARING AT WHICH THE AFFIANT MAY APPEAR. 4) WITH THE EXCEPTION OF AFFIANTS OF MILITARY AFFIDAVITS, THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER WHO APPEARS IN COURT IN LIEU OF THE FILING OF A FORECLOSURE COUNSEL AFFIDAVIT MUST APPEAR WITH THE ORIGINAL PROMISSORY NOTE, INCLUDING ALL ENDORSEMENTS AND ALLONGES AND A CURRENT PAYMENT HISTORY FOR THE MORTGAGE LOAN AT ISSUE. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO TESTIFY THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS OR OTHER DATA RELATED TO THE CASE, HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN, IF ANY. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO RESPOND TO THE QUESTIONING OF THE MAGISTRATE OR JUDGE PRESIDING OVER THE HEARING AND THE QUESTIONING OF ANY OTHER PARTY ATTENDING THE HEARING. 5) IF THE AFFIANT OR OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER HAS BEEN PREVIOUSLY DEPOSED AND HAS TESTIFIED UNDER OATH REGARDING THE ABOVE REQUIRED INFORMATION, THE FILING OF THE TRANSCRIPT OF THAT DEPOSITION WILL SATISFY THE REQUIREMENTS OF THIS POLICY. FAILURE TO FILE AN ATTORNEY AFFIDAVIT OR DO ANY OF THE ALTERNATIVES TO FILING AN ATTORNEY AFFIDAVIT BEFORE THE CASE IS RIPE FOR THE ENTRY OF JUDGMENT WILL RESULT IN DISMISSAL OF THE CASE. NOTICE ISSUED
  58. T IS ORDERED BY THE COURT THAT THIS CAUSE BE REFERRED TO THE COURT MAGISTRATE TO TRY THE ISSUES OF LAW AND FACT ARISING THEREIN AND REPORT WITHOUT UNNECESSARY DELAY. A PARTY SEEKING A DEFAULT JUDGMENT MUST FILE A MOTION FOR DEFAULT JUDGMENT. ONCE A CASE IS SET FOR DEFAULT JUDGMENT, THE MOTION FOR DEFAULT JUDGMENT MAY BE WITHDRAWN ONLY BY SEPARATE MOTION WITH GOOD CAUSE SHOWN. NOTICE ISSUED
  59. UMMONS E-FILE COPY COST
  60. UMMONS E-FILE COPY COST
  61. RIT FEE
  62. RIT FEE
  63. UDGE JOHN D SUTULA ASSIGNED (RANDOM)
  64. PECIAL PROJECTS FUND FEE
  65. EGAL RESEARCH
  66. EGAL NEWS
  67. EGAL AID
  68. OMPUTER FEE
  69. LERK'S FEE
  70. EPOSIT AMOUNT PAID DOUGLAS A. HAESSIG
  71. EPOSIT AMOUNT PAID DOUGLAS A. HAESSIG

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