Filed: USA, Inc. v. Workers' Comp. Were the terms of this agreement explained to you to your satisfaction? All rights reserved. Paone Builders, Inc Jan 1992- Present31 years 2 months Builder/Developer: Residential: builder, home improvements, additions, hardscaping Commercial: builder of multi-unit Relying on the doctrines of promissory and equitable estoppel, he further argues that Employer should be estopped from refusing to pay the medical bills for the left shoulder injury. WebFree and open company data on Pennsylvania (US) company N. PAONE CONSTRUCTION INC. (company number 2225718), 3220 Bergey Road, Hatfield, PA, 19440 By enacting Section 449, the General Assembly intended for C&R Agreements to be "on equal footing with civil, Once a C&R Agreement is approved by a WCJ, it is final, conclusive and binding on the parties, and may not be, Full title:Michael DePUE, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (N. Paone. (SSM Indus., Inc.), 4 A.3d 211 (Pa.Cmwlth.2010)(holding that the C & R agreement, which was executed by the parties but was not approved by the WCJ, was not a final and binding agreement). He disputes that res judicata applies to this matter, noting that unlike in Weney, there was no prior litigation involving a request to amend the description of his work injuries. Appeal Bd. Q. Hanrahan said a hostage negotiator communicated with the subject via a bullhorn and public address system from the armored vehicle sent to the scene. In a letter dated February 27, 2008 that accompanied the proposed addendum sent back to Claimant's counsel with his changes and notation, Employer's counsel further stated: We previously negotiated the accepted injuries in 2007 and those are the only injuries I will outline on the agreement. Id. The tactical team also evacuated four employees of a business located near the residence. Id. WebWCAB (N. Paone Construction, Inc.) Receive free daily summaries of new opinions from the Supreme Court of Pennsylvania. Our community is located in beautiful Upper Gwynedd Township. (Pathmark Stores, Inc.), 860 A.2d 224 (Pa.Cmwlth.2004); N. Penn Sanitation, Inc. v. Workers' Comp. To support his petitions, Claimant submitted a pre-trial memorandum (Exhibit C1), in which he alleged that Employer informed him in January 2010 that it would no longer pay for treatment of his left shoulder injury. A 33-year-old suicidal man barricaded in a home at 3220 Bergey Road in Hatfield Township was taken into custody around 5 p.m. after a three-hour standoff with Hatfield Township Police and the North Penn Tactical Response Team. Subscribe M. DePue v. WCAB (N. Paone Once a C & R agreement is approved, any issue which was not expressly reserved in the agreement may not be raised later. Paone Construction, Inc. WebN PAONE CONSTRUCTION INC is a motor carrier operating under USDOT Number 1869681 in Pennsylvania. The upper level features a beautiful main bedroom suite, 3 additional spacious bedrooms, hall bathroom and upper level laundry room. This Contractor is listed on All contractors & builders with a speciality in B2B Contractors . The essential elements of equitable estoppel are the party's inducement of the other party to believe certain facts to exist and the other party's reliance on that belief to act. WebGet free access to the complete judgment in Store Rd. (Korach), 584 Pa. 411, 883 A.2d 579 (2005). North Penn Teacher Wins VFW 'Teacher Of The Year', Safety Concern Shuts Down Playground At Fischer's Park In Towamencin, $1.5 Million Roundabout Project Begins On Old Skippack Road, Discover Your Future - STEM for Girls in 5-8th grades, Open House - Check Out The NEW Total Fitness & Golf Gym, College Financial Aid and Funding Workshop at Southern Lehigh Public Library. Id. at 7 (emphasis added). A construction company and its sole owner were jointly and severally liable for the amount plaintiff paid to another contractor to complete a building project. Because Claimant was not permitted to add a new work injury after approval of the C & R agreement, we affirm. Claimant sustained a work-related closed head injury on February 26, 1996 and received disability benefits pursuant to a notice of compensation payable issued by Employer. Stroehmann Bakeries, Inc. v. Workers' Comp. You will love the mud room area off the garage. See also Lance v. Mann, 360 Pa. 26, 28, 60 A.2d 35, 36 (1948)(applying the merger doctrine to hold that judgment settles everything involved in the right to recover, not only all matters that were raised, but those which might have been raised); Smith v. I.W. Section 449(a) and (b) of the Workers' Compensation Act (Act), Act of June 2, 1915, P.L. at 7. All of our models are designed with today?s lifestyle in mind. And those are your initials. WebN Paone Construction, Inc Business Data 113 Veronica Ln, Lansdale, Pennsylvania, 19446-1498 (215) 996-1785 AllBiz Business Profile Background Search FAQ's about Nick WebN Paone Construction Inc's commercial over-the-road transportation services may include specialized, flatbed, or heavy haul driving. And you and I have been discussing this settlement offer for at least a couple of months? Dubow, J. Michael DePUE, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (N. Paone Construction, Inc.), Respondent. The subject was transported via Volunteer Medical Service Corps of Lansdale to for evaluation. Move-in ready homes, also known as Express Delivery homes are those that are already complete or nearing completion. Levin & Co., 800 A.2d 374 (Pa.Cmwlth.2002)(holding that the right to recover alleged in the complaint was conclusively settled between the parties upon approval of the stipulation and its incorporation in the judgment). Sign up to receive the Free Law Project newsletter with tips and announcements. In 2012, Appellant was the owner, president, In a subsequently issued interlocutory order, WCJ Callahan precluded Claimant from proceeding on the review petition and scheduled a hearing on the penalty petition to determine whether Claimant was alleging unpaid medical bills for the left shoulder injury only or for other injuries accepted by Employer. N Paone Construction Inc Contact Information Phone Number: (215) 852-4925 Edit Address: 113 Veronica lane, Lansdale, PA 19446 Edit Do you work for this Farner v. Workers' Comp. Phone : 215-996-1785 Fine & Decorative Arts Auction | Jewelry | Artwork | Furniture | Silver, Delaware Valley University Hosts Raising Livestock on a Small Farm Community Course This Spring, Snow, Ice, Possible Flooding With PA Storm: See Latest, 4 Reasons Why Sleep is Important for Chronic Pain Patients, Montgomeryville-Lansdale Area Adoptable Pets: Cats & More, PA 24th Senatorial District Race Still Remains Close, $5.85 Million Verdict For Montco Family In Eminent Domain Case, Historic Designation For Lansdale Train Station, PA House Passes Bill To Rename Road For Famous Montco Resident, Bill Establishing PA Chief Nursing Officer Approved by State Senate. He asserts that Employer routinely paid medical bills for the left shoulder injury and that it knew that the bills were causally related to [his] injuries. Id. Combined Opinion from On September 7, 2010, Claimant filed another petition seeking to review his benefits, alleging that the description of his work injuries was incorrect. And I read it more than once. March 3, 2008 Hearing, Notes of Testimony (N.T.) 1925(a) Opinion, is as follows. WebN. PartnerCarrier.com does not claim that N PAONE CONSTRUCTION INC is an actual trucking company or broker. Q. Because the review petition and the penalty petition were properly denied, the order of the Board is affirmed. Accordingly, we need not address Claimant's res judicata argument. (Schuh), 16 A.3d 1221 (Pa.Cmwlth.2011); Findlay Twp. Appeal Bd. Claimant sustained a work-related On September 13, 2010, WCJ Bonnie Callahan held a hearing on the petitions. Crouse v. Cyclops Indus., 560 Pa. 394, 745 A.2d 606 (2000). Employer agreed to continue to pay all reasonable and related medical bills. Id. Montgomery County, PA Home Builder - Find your new home today | Montgomery County Single Family Homes, If you're ready to move we have a variety of move-in ready options. Spring House, PA Home Builder - Sitemap Shannon P. Mickle, Haverford, for respondent N. Paone Construction, Inc. BEFORE: LEADBETTER, Judge, and BROBSON, Judge, and FRIEDMAN, Senior Judge. Sign up for free Patch newsletters and alerts. WebGet coupons, hours, photos, videos, directions for N Paone Construction at 3220 Bergey Rd Hatfield PA. Search other General Contractor in or near Hatfield PA. He claims that the left shoulder injury was erroneously omitted in the final draft of the agreement. After negotiations with Employer, Claimant agreed to omit the left shoulder injury from the description of his injuries accepted by Employer in the C & R agreement. Vince Pennoni signed the agreement on Description: Our company has over 25 years in the remodeling WebDoing business as: N Paone Construction. Fantastic open floor plan with a chef inspired kitchen, open dining area, main level study and amazing great room with gas a fireplace. On May 3, 2012, Paone Construction and Appellee entered into a construction agreement in which Paone Construction agreed to build a single-family home for Appellee with a base purchase price of $263,935. WebHomes by N. Paone Construction, Inc. CLOSED OUT. She concluded that the review petition was barred by res judicata because Claimant was aware of the left shoulder injury and agreed not to include it in the C & R agreement, citing Weney v. Workers' Compensation Appeal Board (Mac Sprinkler Systems, Inc.), 960 A.2d 949 (Pa.Cmwlth.2008). 2 of N Paone Construction Inc's trucks include auxiliary power units. WebN. The record simply does not support Claimant's assertion that the left shoulder injury was erroneously omitted in the final draft of the C & R agreement. Site: npaonehomes.com. Plymouth Valley Estates by Sal Paone Builder. "Numerous attempts made by the friend and radio to communicate with him were unsuccessful," Hanrahan said. We are sure you will find a home to fit your style in our community. at 11, 14 and 15; S.R. Paragraph 24 of the proposed addendum stated: The accepted injury includes a closed head injury, seizure disorder, left shoulder fracture, chronic pain, loss of short-term memory and Bipolar Disorder. In its answer, Employer denied Claimant's allegations and sought dismissal of the review petition invoking res judicata and collateral estoppel. Appeal Bd. Servs. Paone was sentenced to time served, plus a $5,000 fine and five years of supervised released, which ends in 2014. Claimant sought to impose a penalty upon Employer in the amount of 50% of the $1200 medical bills. You can reach us on phone number (215) 996-1785, fax number or email address . In support, he relies on the contract construction rule that the intention of the parties must be ascertained from the document itself if its terms are clear and unambiguous. Appeal Bd. This case has not yet been cited in our system. Employer's exhibits showed that before the execution of the C & R agreement, Claimant's counsel sent a proposed addendum to the agreement (paragraphs 19 through 25) to Employer's counsel. Dep't of Labor & Indus., Bureau of Workers' Comp. 1831 N. Gravers Rd is currently under construction and will be the Doylestown Floor plan with 4 bedrooms, 2.1 Baths. 1688 EDA 2020. ; R.R. the Court. The [WCJ] shall not approve any compromise and release agreement unless he first determines that the claimant understands the full legal significance of the agreement. An approved C & R agreement can be set aside only upon a clear showing of fraud, deception, duress, mutual mistake, or unilateral mistake caused by an opposing party's fault. Shannon P. Mickle, Haverford, for respondent N. Paone Construction, Inc. Steven H. Kitty, Doylestown, for petitioner. The company began framing houses in some of the most sought out communities in both Montgomery WebInformation Related To N Paone Construction in Hatfield, PA 19440. Bellefonte Area Sch. The (Plouse), 768 A.2d 1193, 1196 (Pa.Cmwlth.2001). Claimant's appeal to this Court followed. At a subsequent hearing, Claimant's counsel stated that the penalty petition was related only to the left shoulder injury. WebAbout N Paone Construction: N Paone Construction in Hatfield Twp Area, PA is a business listed in the categories Builders & Contractors, General Contractors & Building 3220 Bergey Rd, Frnt 1 Hatfield, PA 19440 Montgomery County. Claimant cannot rely on Employer's voluntary payment of the medical bills for the left shoulder injury to support his estoppel claims. Appeal Bd. at 6. As the Court has consistently held, an employer's voluntary medical payment does not constitute an admission of liability for an injury. at 5. Court:Commonwealth Court of Pennsylvania. Community Info. WebExhibit D1; Reproduced Record (R.R.) The friend then called Hatfield Township Police because he was disturbed by the suicidal thoughts via text, Hanrahan said. [Emphasis added.] Get directions now. Supermarkets, Inc., 535 Pa. 469, 636 A.2d 156 (1994). Appeal Bd. Breast Ultrasound Screening Coming Direct to You! If you're ready to move we have a variety of move-in ready options. Move-in ready homes, also known as. Welfare, 26 A.3d 1251 (Pa.Cmwlth.2011)(holding that the Court may affirm the lower tribunal's order if the lower tribunal reached a correct result, although the basis for the decision is not entirely correct). (EthanAllen Eldridge Div. Appeal Bd. Are you entering into this agreement of your own free will? Appeal Bd. How much is the Train fare to N Paone Construction? The relevant facts are undisputed. Precedential, Citations: See reviews, photos, directions, phone numbers and more for N Paone Construction locations in Hatfield, PA. Fantastic open floor plan with a chef inspired kitchen, open dining area, main level study and amazing great room with gas a fireplace. Employer did not accept its liability for the left shoulder injury in the notice of compensation payable or in any agreement, and specifically refused to include it as part of the C & R. Nor was there any prior decision finding Employer liable for that injury. "The subject followed directions and cooperated with police," Hanrahan said. WebN. Utilizing the 2003 Life Tables, she determined that Claimant had the life expectancy of 30 years or 1560 weeks and was entitled to receive a prorated value amount of $401.04 a month. On direct examination, he testified as follows as to his understanding of the C & R agreement: Q. Michael, you understand that the gross settlement is $175,000? v. Workmen's Comp. Steven H. Kitty, Doylestown, for petitioner. Please enter a valid location or select an item from the list. N. Paone Builders, Inc Address: 113 VERONICA LANE Lansdale, PA 19446 Use our bidding system to request a quote N. Paone Builders Mason Their BuildZoom We proudly offer a fully furnished sample open Tuesday to Sunday 1-5. Our community is located in beautiful Upper Gwynedd 5; R.R. Police set up a perimeter around the residence, and the tactical team was notified. NewHomeSource.com is a trademark of Builders Digital Experience, LLC and all other marks are either trademarks or registered trademarks of their respective owners. WebFind 2 listings related to N Paone Construction in Hatfield on YP.com. Plymouth Valley Estates by Sal Paone Builder. Law Project, a federally-recognized 501(c)(3) non-profit. We rely on donations for our financial security. To hold otherwise would be contrary to the Act's policy of encouraging employers to voluntarily pay medical expenses to injured employees to assist them in regaining health without fear of being later penalized for the payment. See reviews, photos, directions, phone numbers and more for N Paone Construction locations in at 5b. (Dillard), 850 A.2d 795 (Pa.Cmwlth.2004). at 12 and 14. 350, 77 P.S. (Rockwell Int'l), 869 A.2d 1075 (Pa.Cmwlth.2005); Barszczewski v. Workers' Comp. It is well established that a valid C & R agreement, once approved, is final, conclusive and binding on the parties. As president of Paone Construction, Appellant signed the agreement. N PAONE CONSTRUCTION INC information is Claimant's Brief at 14. The injuries subject to the C & R agreement were described as any and all injuries suffered at North Paone Construction Company, including but not limited to the accepted injuries of a severe closed head injury with seizure disorder and short term memory loss. Id. our Backup, Combined Opinion from All of our homes at Providence Reserve live up to the N. Paone reputation of quality workmanship. A party invoking the doctrines of promissory and equitable estoppel has the burden of establishing all the elements of the doctrines. But you had the weekend to actually read the agreement and ask me any questions you had? However, we do not assume any liability for inaccuracies. Dist. WebN PAONE CONSTRUCTION INC is a DOT registered motor carrier located in LANSDALE, PA. View phone number, email, key contacts, trucks, drivers, inspections, insurance, check for fraud, cargo hauled, authority status and more. "For the safety of everyone, the police SWAT was called in," Hanrahan said. Securitas Sec. The relevant facts are undisputed. Three days after the WCJ approved the stipulation and granted the review petition, the claimant filed another review petition to amend the notice of compensation payable to add neck or cervical spine injuries. It has a total of 2 trucks and 3 drivers. The North Penn Tactical Response Team and an armored Bearcat were called in because there was a threat of firearms, according to Hatfield Township Detective Pat Hanrahan. We also find Claimant's reliance on the doctrines of promissory and equitable estoppel to be inapposite. The North Penn Tactical Response Team is comprised of trained officers from Towamencin, Upper Gwynedd, Upper Merion, Lower Salford and Franconia townships and Telford Borough. Claimant further argues that the description of the injury in the C & R agreement as any and all injuries sustained at Employer's workplace indicates the parties' intention to include the left shoulder injury in his injuries accepted by Employer. 304, 627 A.2d 250, 254 (1993), aff'd,545 Pa. 70, 680 A.2d 823 (1994). Make your practice more effective and efficient with Casetexts legal research suite. Paone Construction, Inc. A company that builds not only homes but communities. WebHomes by N. Paone Construction, Inc. CLOSED OUT Learn More About this Market Communities In Philadelphia Area Homes in Philadelphia Area Community Info VMSC medics are also part of the civilian response of the tactical team. Providence Reserve is a community of 52 homes with 16 Singles, 10 Twins, and 26 Town homes. Search the web for: n paone construction hatfield Copyright 2015 Sal Paone Builder. A. at 8. Hanrahan said a male in the residence made threats to a friend via text message that he intended to harm himself. v. Workers' Comp. The Board affirmed WCJ Callahan's decision, concluding that the evidence did not indicate that the C & R agreement was entered into by a unilateral or mutual mistake. Now, they have agreed to continue paying medical expenses, which are reasonable and necessary and causally related to your injury. Firedex of Butler, Inc. v. Workers' Comp. Promissory estoppel may be invoked to enforce a promise made by a party to an opposing party when there is no enforceable agreement between the parties. 1000.5(a) and (b), provides in relevant part: (a) Nothing in this act shall impair the right of the parties interested to compromise and release any and all liability which is claimed to exist under this act on account of injury or death. Montgomery County public land records shows the property is a commercial parcel with one living unit and a mixed residential/commercial structure. ; S.R. Q. WCJ Callahan denied the review petition and the penalty petition. From Free Law Project, a 501(c)(3) non-profit. Click here to see more Our new community, Plymouth Valley Estates, will include 79 single-family-detached, luxury homes on .25 - .50 acre lots. Appeal Bd. And do you also understand that's true even if your condition were to worsen or change in any way? Home styles range from 4 bedroom single family to Town homes with two or three bedroom with or without lofts. Appeal Bd. ), 932 A.2d 309 (Pa.Cmwlth.2007). This browser is no longer supported. WebFind 2 listings related to N Paone Construction in Hatfield on YP.com. Exhibit D1; R.R. WebMontgomery County PA Home Builder | Sal Paone Builders Build your dream home or choose from any of our single family, carriage homes, or adult community homes today. Corp./CBS v. Workers' Comp. ; R.R. In conclusion, Claimant's review petition was barred by the final and binding C & R agreement. v. N. Paone Constr. At NewHomeSource.com, we update the content on our site on a nightly basis. Webhis petition for assessment of a penalty against N. Paone Construction, Inc. (Employer) for failure to pay medical bills for the left shoulder injury. OPINION BY Judge LEADBETTER. Have you had enough time to review the agreement? . [D]o you understand that if I approve this agreement, once it's approved, you can't go back to the Employer, the insurer, a Judge, anyone and ask for additional payments of wage-loss benefits? Registration: 1988. Employer's counsel sent the proposed addendum back to Claimant's counsel after crossing out the injuries of left shoulder fracture, chronic pain and Bi-polar Disorder in paragraph 24 and placing a handwritten notation, which stated that [w]e already negotiated these injuries at time of last settlement. Id. See Sun Co. (R & M) v. Pa. Turnpike Comm'n, 708 A.2d 875 (Pa.Cmwlth.1998). The C & R agreement signed by Claimant and Employer described Claimant's injuries accepted by Employer as a severe closed head injury with seizure disorder and short term memory loss and omitted the other injuries listed in the proposed addendum. Learn More About this Market. The Most Popular Urban Mobility App in Philadelphia. Q. Defendant agrees to continue to provide medication and medical care, which is reasonable and necessary, and causally related to his injuries. Exhibit D3; R.R. Employer's voluntary payment of medical expenses was not an admission of its liability for the left shoulder injury and cannot be construed as a promise to continue to make such payment. ; Thatcher's Drug Store of W. Goshen, Inc. v. Consol. At the March 3, 2008 hearing, Claimant testified that his head injury affected mostly his short-term memory and caused seizures. Yes, I did. Police attempted to make contact to the subject via cell phone and via the friend. WebN Paone Construction is a practicing in Hatfield, Pennsylvania. (b) Upon or after filing a petition, the employer or insurer may submit the proposed compromise and release by stipulation signed by both parties to the [WCJ] for approval. The company received The [WCJ] shall consider the petition and the proposed agreement in open hearing and shall render a decision. WebDisclaimer: PartnerCarrier.com does not claim that N PAONE CONSTRUCTION INC is an actual trucking company or broker. WebOpinion for Store Road, LLC v. N. Paone Const. WebThe relevant factual and procedural history, as gleaned from the trial court's Decision and Pa.R.A.P. After a hearing held on March 3, 2008, WCJ Susan Kelley approved the C & R agreement and adopted and incorporated its terms as her own findings of fact. Appeal Bd. Company Owner/Manager: If you see any incorrect information on this page, pleasecontact the DOT directly to make changesto correct your record. Westinghouse Elec. In the absence of expressly proved fraud, there can be no estoppel based on the acts or conduct of the party sought to be estopped, where they are as consistent with honest purpose and with absence of negligence as with their opposites. Westinghouse, 584 Pa. at 423, 883 A.2d at 586 [quoting In re Estate of Tallarico, 425 Pa. 280, 288, 228 A.2d 736, 741 (1967) ]. January 3rd, 2022, Precedential Status: It is your responsibility to independently verify the information on the site. The property is the location of the corporate offices of N. Paone Construction Inc, and it is owned by NRP Properties, LLC, of 590 Kohlman Circle, Hatfield. The last MCS-150 form date is listed as 9/5/2013. Choose from 11 gorgeous models, all including incredible amenities and spacious floorplans located in desirable Plymouth Meeting. We invite you to come take a look we are sure you will like what you see. AND NOW, this 30th day of January, 2013, the order of the Workers' Compensation Appeal Board in the above-captioned matter is AFFIRMED. CourtListener is sponsored by the non-profit Free Law Project. On July 19, 2010, Claimant filed a penalty petition alleging that Employer failed, neglected or refused to pay medical bills. None known, Docket Number: WebGet coupons, hours, photos, videos, directions for N Paone Construction at 3220 Bergey Rd Hatfield PA. Search other General Contractor in or near Hatfield PA. See N Paone Construction, PA, on the map. In enacting Section 449 of the Act, the legislature intended a C & R agreement to be on equal footing with civil settlements in order to promote a public policy of encouraging the parties to settle disputes and bring them to finality. Judges: The C & R agreement was final and binding on the parties and may not be amended after its unappealed approval. ; Supplemental Reproduced Record (S.R.) Try more general words. Compare McKenna v. Workers' Comp. Because Claimant did not expressly reserve his right to add a new injury to the description of his work injuries, he was precluded from doing so more than two years after the approval of the C & R agreement. CLAIM THIS BUSINESS 113 VERONICA LN LANSDALE, PA 19446 Get Directions (215) 996-1785 Business Info Founded 1997 Incorporated PA Please switch to a supported browser or download one of our Mobile Apps. Phone: 215-542-1331 | Fax: 215-542-2418 | Email: sales@salpaonebuilder.com He was not asked and did not testify as to the left shoulder injury. Q. You understand that? Communities In Philadelphia Area ; Homes in Philadelphia Area . at 9. Employer states that Claimant flagrantly misrepresents that the left shoulder injury was erroneously omitted in the final draft of the C & R agreement. WebThe Bus fare to N Paone Construction costs about $2.00. WebN Paone Construction is a practicing in Hatfield, Pennsylvania. We seek to ensure that all of the data presented on the site regarding new homes and new home communities is current and accurate. In order to maintain an action in promissory estoppel, the aggrieved party must show that (1) the promisor made a promise that he or she should have reasonably expected to induce action or forbearance on the part of the promisee; (2) the promisee actually took action or refrained from taking action in reliance on the promise; and (3) injustice can be avoided only by enforcing the promise. Copyright 2001-2023 Builders Digital Experience, LLC. For driving directions, please contact the builder. v. Workers' Comp. Q. If you are eager to make a move, and have your heart set on a quality new home built by Sal Paone Builders,an Express Delivery Home can be a perfect choice. Claimant argues that the C & R agreement should be corrected to add the left shoulder injury to the description of his work injuries accepted by Employer. Q. The Board determined that the C & R agreement was final and binding and that the review petition was barred by res judicata.
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