PARENTPROTECTOR
Junior Member
What is the name of your state (only U.S. law)? WISCONSIN
I AM CURRENTLY EVICTING MY UNCLE, WHO HAS BEEN LIVING WITH MY GRANDMOTHER FOR FREE FOR THE PAST 14 YEARS IN HER HOME THAT SHE OWNS. HE HAS NOT WORKED THE ENTIRE TIME HE HAS BEEN LIVING WITH HER, NOR DID HE CONTRUBITE FINANCIALLY, IN FACT HE WAS VERBALLY, PHYSICALLY AND FINANCIALLY ABUSING HER, THROUGHOUT HER LIFE.
MY GRANDMOTHER HAD TO WORK UNTIL SHE WAS 83 TO SUPPORT HIM AND HERSELF. SHE WAS LAID OFF AT THE AGE OF 83 AND THEN SHE COULDNT FIND EMPLOYMENT. SHE HAD A VERY MINOR STROKE IN JANUARY 2008 AND AT THAT TIME, SHE ASKED ME TO BE HER POA OF FINANCES, BECAUSE SHE KNEW HER SON WAS INCAPABLE OF MANAGING MONEY. ONCE I BECAME HER POA, I DIDNT REALIZE AT FIRST I COULDN'T TRUST HER SON FINACIALLY, UNTIL HE HAD TRIED TO STEAL SOME PAST HOMESTEAD TAX REFUNDS IN WHICH I HAD DONE FOR HER.
WHEN I CONFRONTED MY UNCLE ABOUT HIM TRYING TO STEAL MY GRANDMOTHER'S TAX REFUNDS, HE BECAME INCREASLING VERBALLY ABUSIVE TOWARDS MYSELF AND MY HUSBAND. HE THEN BEGAN TO DO EVEN MORE ILLEGAL THINGS, SUCH AS COHERCING MY GRANDMOTHER INTO SIGNING A NEW POA OR FORGING HER SIGNATURE. HE THEN TRIED TO SELL HER HOME AND ILLEGALLY CHANGE HER MAILING ADDRESS.
MY GRANDMOTHER CAME TO STAY AT OUR HOME FOR 2 WEEKS TO RECOVER FROM A MINOR SURGERY. I RECEIVED A LETTER FROM THE US POSTAL DIVISION STATING THAT SOMEONE HAD CHANGED MY GRANDMOTHER'S ADDRESS, WHEN I CONFRONTED MY UNCLE OVER THE PHONE, WHICH WAS THANKSGIVING 2009, HE TOLD ME HE JUST CHANGED HER MAILING ADDRESS BACK TO HER HOME, SO HE COULD RECEIVE HER CHRISTMAS CARDS. I TOLD HIM THAT I WOULD BE MORE THAN HAPPY TO GIVE HIM ALL OF HER CARDS, BUT THAT I WOULD NOT BE ABLE TO CHANGE HER MAILING ADDRESS, BECAUSE I NEEDED HER BILLS TO BE SENT TO MY HOME, IN ORDER TO PAY HER BILLS.
HE THEN PROCEEDED TO TELL ME I WAS A CONTROLLING B---- AND THAT HE WAS GOING TO BREAK MY F---ING NECK! I CONTACTED MY GRANDMOTHER'S POLICE DEPARTMENT AND THEY TOLD ME TO CONTACT MY LOCAL POLICE DEPARTMENT. MY HUSBAND TOLD ME NOT TO CONTACT OUR POLICE DEPARTMENT THAT DAY, DUE TO IT WAS THANKSGIVING AND WE HAD JUST PICKED UP MY GRANDMOTHER FROM THE HOSPITAL.
ON THE FOLLOWING MONDAY, I CONTACTED THE AGING AND RESOURCE DEPARTMENT IN WHICH WAS IN MY GRANDMOTHER'S HOME COUNTY. THEY TOLD ME TO CONTACT THE POLICE AND I WENT INTO THE POLICE AND EXPLAINED THE SITUATION ABOUT MY UNCLE. THEY TOLD ME IT WAS MY WORD AGAINST HIS AND THAT THEY COULD ONLY ISSUE HIM HARASSING PHONE CALL TICKETS. WHEN I CONTACTED THE AGING AND RESOURCE DEPARTMENT A FEW DAYS LATER AND ASKED THEM IF I COULD FILE AN ELDER ABUSE AGAINST MY UNCLE, THEY SAID NO, BECAUSE MY GRANDMOTHER WAS NOW SAFE LIVING WITH US AND WE LIVED IN ANOTHER COUNTY. MY GRANDMOTHER HAD ONLY BEEN WITH US A FEW DAYS AND WE EXPLAINED THAT WE WANTED TO SAFETLY RETURN MY GRANDMOTHER HOME, BUT THEY REFUSED TO HELP ME AND TOLD ME TO EVICT HIM AND GET A RESTRAINING ORDER.
WE THEN BROUGHT MY GRANDMOTHER TO A GERIATRIC DOCTOR AND EXPLAINED HOW MY UNCLE WAS BEING ABUSIVE TOWARDS ME AND MY GRANDMOTHER AND THAT THE POLICE AND THE AGING AND RESOURCES DEPARTMENT WERE NOT TAKING HIM OUT OF THE HOME. THEY BASICALLY SENT US STRAIGHT BACK TO THE SAME PEOPLE FOR HELP. WE FINALLY FILED A SELF NEGLECT AND FINANCIAL EXPLOITATION COMPLAINT AGAINST MY UNCLE. IT TOOK THEM ALMOST A MONTH TO INVESTIGATE HIM. MY HUSBAND TOOK OFF OF WORK TO MEET WITH THE SOCIAL WORKERS AND MY UNCLE AT MY GRANDMOTHER'S HOME. THE SOCIAL WORKERS TOLD MY HUSBAND THAT DAY, DON'T RETURN HER HOME TO LIVE WITH HIM, WHICH IS WHAT EVERYONE WAS SAYING TO US, BUT WHILE HE WAS IN MY GRANDMOTHER'S HOME SHE CONTINUES TO PAY THE UTILITIES, SEWER & WATER, AND PROPERTY TAX, WHICH SHE COULD BARELY AFFORD, SINCE HE DEPLETED HER SAVINGS ACCOUNT AND SHE ONLY RECIEVES $881.OO/MNTH FROM HER SOCIAL SECURITY.
THE AGING AND RESOURCE DEPARTMENT CONTACTED MY HUSBAND AT HIS WORK AND TOLD HIM THAT THEY WERE NOT GOING TO REMOVE MY UNCLE FROM MY GRANDMOTHER'S HOME. THEY DID NOT THINK HE WAS MENTALLY ILL AND SUGGESTED THAT WE SHOULD ALLOW HIM TO LIVE IN HER HOME, BUT NOT TO RETURN MY GRANDMOTHER AND PLACE MY GRANDMOTHER ON FAMILY CARE, PUT HER IN A NURSING HOME AND GIVE MY GRANDMOTHER'S SON HER SSI CHECK. WE EXPLAINED TO THEM THAT NEIGHTER ONE OF THEM COULD NO LONGER AFFORD TO LIVE IN HER HOME, BECAUSE HER PROPERTY TAXES ALONE WERE AROUND $3800/YR.
I NOW HAVE A RESTRAINING ORDER AGAINST MY UNCLE AND I HAVE HAD TO START THE LEGAL EVICTION THROUGH THE COURT SYSTEM, BECAUSE NO ONE WOULD REMOVE MY ABUSIVE UNCLE FROM MY GRANDMOTHER'S HOME EVEN WITH MY POA DOCUMENTS, WHICH GIVES ME PERMISSION TO LEGALLY DEAL WITH ALL OF HER FINANCIAL ASSETS INCLUDING REAL ESTATE.
P.S IT HAS BEEN ALMOST 1 YEAR SINCE I FIRST STARTED ASKING FOR HELP WITH THIS SITUATION AND MY GRANDMOTHER IS STILL NOT ABLE TO SAFETLY RETURN HOME.
HERE ARE MY QUESTIONS:
1. DID THE POLICE HAVE THE LEGAL RIGHT TO REMOVE MY UNCLE FROM MY GRANDMOTHERS HOME WITHOUT US LEGALING EVICTION HIM?
A SOCIAL WORKER CONTACTED THE POLICE DEPARTMENT FOR US IN MARCH 2010 AND SHE SAID THE POLICE WOULD NOT REMOVE HIM FROM HER HOUSE AND THAT I NEEDED TO LEGALLY EVICT HIM. WHEN WE WENT BACK TO MY GRANDMOTHERS DOCTOR FOR HELP, THEY WOULDN'T HELP.
2. IF YOU EXPLAIN TO A DOCTOR THAT AN 87 YEAR OLD WOMEN IS BEING ABUSED BY HER SON AND GIVE THEM A LETTER THAT SHOWED HE WAS CONVICTED OF DOMESTICALLY ABUSING HER, SHOULDN'T THEY HAVE HAD A MEDICAL ATTORNEY FROM THEIR CLINIC CONTACT THE POLICE DEPARTMENT AND ASK THEM TO HELP HER?
MY FATHER HAS BEEN HELPING MY UNCLE HARASS ME SINCE I HAVE A RESTRAINING ORDER AGAINST MY UNCLE. IF MY FATHER HAS TELLING PEOPLE WHOM ARE NOT BLOOD RELATIVES TO CALL ME AND HARASS ME BY PHONE AND THEN TELL THEM TO COME OVER TO HARASS ME AT MY HOME. I HAVE CONTACTED MY POLICE DEPARTMENT, BUT THEY SAID THAT MY UNCLE IS NOT VIOLATING HIS RESTRAINING ORDER. THE INJUCTION STATES MY UNCLE IS NOT TO HAVE CONTACT WITH ME, MY HUSBAND, OR MY GRANDMOTHER AND NOT TO HAVE ANY 3RD PARTY CONTACT WITH US.
3. SHOULD MY UNCLE BE ARRESTED FOR HAVING OTHER PEOPLE HARASS ME ON HIS BEHALF?
MY GRANDMOTHER IS VERY LOW INCOME EVEN THOUGH SHE OWNS A OLDER, HOARDED HOME.
4. WHY WOULD I HAVE TO LEGALLY EVICT MY UNCLE FROM HER HOME, ESPECIALLY IF HE IS ABUSIVE TOWARDS MY GRANDMOTHER AND MYSELF?
5. IF MY UNCLE HAS A WARRANT AND HE SHOWS UP AT THE EVICTION HEARING WILL THEY ARREST HIM? IF SO, WILL THEY ARREST HIM BEFORE THE EVICTION HEARING OR AFTER?
6. IF HE IS NOT ARRESTED, IS THERE A WAY DURING THE EVICTION HEARING THAT I CAN REQUEST THAT HE ONLY TAKES HIS PERSONAL BELONGINGS OUT OF THE HOUSE, SO THAT SHE DOESN'T HAVE THE FINANCIAL BURDEN OF PAYING A MOVING TRUCK AND STORAGE FOR THE HOARDED ITEMS THAT HE MADE HER PURCHASE FOR HIM OVER THE PAST DECADE?
MY GRANDMOTHER HAD HER POA UPDATED THROUGH A PRIVATE ATTORNEY. WE HAVE SINCE HAD HER DECLARED INCOMPETENT, BUT WE HAVE NOT RELAYED THIS INFORMATION TO MY UNCLE'S ATTORNEY. HIS ATTORNEY IS NOW TRYING TO SUBPOENA MY GRANDMOTHER TO THE EVICTION HEARING.
7. IF SHE DOESN'T GET SERVED THE SUBPOENA, DOES SHE STILL NEED TO SHOW UP FOR THE EVICTION HEARING?
8. SHOULD WE BRING THE INCOMPETENCY LETTER TO COURT?
9. WHAT COUNTY DOES MY GRANDMOTHER LIVE IN BECAUSE SHE IS NOW BEING DENIED BENEFITS, BECAUSE THEY SAY SHE NOW LIVES IN OUR HOME, IN OUR COUNTY, WHICH IS 8 MINUTES FROM HER HOME. SHE HAS OWNED A HOME IN ONE CITY FOR 37 YEARS, DOES THAT MEAN SHE LIVES IN THAT COUNTY? WE NEVER LEGALLY CHANGED ANYTHING STATING THAT SHE LIVED IN OUR HOME BECAUSE WE THOUGHT WE COULD SAFELY RETURN HER HOME WITH IN A FEW WEEKS.
I WANT TO THANK ANYONE IN ADVANCE WHO IS KIND ENOUGH TO SEND ME ANSWERS TO MY COMPLICATED LEGAL QUESTIONS. THANK YOU!
I AM CURRENTLY EVICTING MY UNCLE, WHO HAS BEEN LIVING WITH MY GRANDMOTHER FOR FREE FOR THE PAST 14 YEARS IN HER HOME THAT SHE OWNS. HE HAS NOT WORKED THE ENTIRE TIME HE HAS BEEN LIVING WITH HER, NOR DID HE CONTRUBITE FINANCIALLY, IN FACT HE WAS VERBALLY, PHYSICALLY AND FINANCIALLY ABUSING HER, THROUGHOUT HER LIFE.
MY GRANDMOTHER HAD TO WORK UNTIL SHE WAS 83 TO SUPPORT HIM AND HERSELF. SHE WAS LAID OFF AT THE AGE OF 83 AND THEN SHE COULDNT FIND EMPLOYMENT. SHE HAD A VERY MINOR STROKE IN JANUARY 2008 AND AT THAT TIME, SHE ASKED ME TO BE HER POA OF FINANCES, BECAUSE SHE KNEW HER SON WAS INCAPABLE OF MANAGING MONEY. ONCE I BECAME HER POA, I DIDNT REALIZE AT FIRST I COULDN'T TRUST HER SON FINACIALLY, UNTIL HE HAD TRIED TO STEAL SOME PAST HOMESTEAD TAX REFUNDS IN WHICH I HAD DONE FOR HER.
WHEN I CONFRONTED MY UNCLE ABOUT HIM TRYING TO STEAL MY GRANDMOTHER'S TAX REFUNDS, HE BECAME INCREASLING VERBALLY ABUSIVE TOWARDS MYSELF AND MY HUSBAND. HE THEN BEGAN TO DO EVEN MORE ILLEGAL THINGS, SUCH AS COHERCING MY GRANDMOTHER INTO SIGNING A NEW POA OR FORGING HER SIGNATURE. HE THEN TRIED TO SELL HER HOME AND ILLEGALLY CHANGE HER MAILING ADDRESS.
MY GRANDMOTHER CAME TO STAY AT OUR HOME FOR 2 WEEKS TO RECOVER FROM A MINOR SURGERY. I RECEIVED A LETTER FROM THE US POSTAL DIVISION STATING THAT SOMEONE HAD CHANGED MY GRANDMOTHER'S ADDRESS, WHEN I CONFRONTED MY UNCLE OVER THE PHONE, WHICH WAS THANKSGIVING 2009, HE TOLD ME HE JUST CHANGED HER MAILING ADDRESS BACK TO HER HOME, SO HE COULD RECEIVE HER CHRISTMAS CARDS. I TOLD HIM THAT I WOULD BE MORE THAN HAPPY TO GIVE HIM ALL OF HER CARDS, BUT THAT I WOULD NOT BE ABLE TO CHANGE HER MAILING ADDRESS, BECAUSE I NEEDED HER BILLS TO BE SENT TO MY HOME, IN ORDER TO PAY HER BILLS.
HE THEN PROCEEDED TO TELL ME I WAS A CONTROLLING B---- AND THAT HE WAS GOING TO BREAK MY F---ING NECK! I CONTACTED MY GRANDMOTHER'S POLICE DEPARTMENT AND THEY TOLD ME TO CONTACT MY LOCAL POLICE DEPARTMENT. MY HUSBAND TOLD ME NOT TO CONTACT OUR POLICE DEPARTMENT THAT DAY, DUE TO IT WAS THANKSGIVING AND WE HAD JUST PICKED UP MY GRANDMOTHER FROM THE HOSPITAL.
ON THE FOLLOWING MONDAY, I CONTACTED THE AGING AND RESOURCE DEPARTMENT IN WHICH WAS IN MY GRANDMOTHER'S HOME COUNTY. THEY TOLD ME TO CONTACT THE POLICE AND I WENT INTO THE POLICE AND EXPLAINED THE SITUATION ABOUT MY UNCLE. THEY TOLD ME IT WAS MY WORD AGAINST HIS AND THAT THEY COULD ONLY ISSUE HIM HARASSING PHONE CALL TICKETS. WHEN I CONTACTED THE AGING AND RESOURCE DEPARTMENT A FEW DAYS LATER AND ASKED THEM IF I COULD FILE AN ELDER ABUSE AGAINST MY UNCLE, THEY SAID NO, BECAUSE MY GRANDMOTHER WAS NOW SAFE LIVING WITH US AND WE LIVED IN ANOTHER COUNTY. MY GRANDMOTHER HAD ONLY BEEN WITH US A FEW DAYS AND WE EXPLAINED THAT WE WANTED TO SAFETLY RETURN MY GRANDMOTHER HOME, BUT THEY REFUSED TO HELP ME AND TOLD ME TO EVICT HIM AND GET A RESTRAINING ORDER.
WE THEN BROUGHT MY GRANDMOTHER TO A GERIATRIC DOCTOR AND EXPLAINED HOW MY UNCLE WAS BEING ABUSIVE TOWARDS ME AND MY GRANDMOTHER AND THAT THE POLICE AND THE AGING AND RESOURCES DEPARTMENT WERE NOT TAKING HIM OUT OF THE HOME. THEY BASICALLY SENT US STRAIGHT BACK TO THE SAME PEOPLE FOR HELP. WE FINALLY FILED A SELF NEGLECT AND FINANCIAL EXPLOITATION COMPLAINT AGAINST MY UNCLE. IT TOOK THEM ALMOST A MONTH TO INVESTIGATE HIM. MY HUSBAND TOOK OFF OF WORK TO MEET WITH THE SOCIAL WORKERS AND MY UNCLE AT MY GRANDMOTHER'S HOME. THE SOCIAL WORKERS TOLD MY HUSBAND THAT DAY, DON'T RETURN HER HOME TO LIVE WITH HIM, WHICH IS WHAT EVERYONE WAS SAYING TO US, BUT WHILE HE WAS IN MY GRANDMOTHER'S HOME SHE CONTINUES TO PAY THE UTILITIES, SEWER & WATER, AND PROPERTY TAX, WHICH SHE COULD BARELY AFFORD, SINCE HE DEPLETED HER SAVINGS ACCOUNT AND SHE ONLY RECIEVES $881.OO/MNTH FROM HER SOCIAL SECURITY.
THE AGING AND RESOURCE DEPARTMENT CONTACTED MY HUSBAND AT HIS WORK AND TOLD HIM THAT THEY WERE NOT GOING TO REMOVE MY UNCLE FROM MY GRANDMOTHER'S HOME. THEY DID NOT THINK HE WAS MENTALLY ILL AND SUGGESTED THAT WE SHOULD ALLOW HIM TO LIVE IN HER HOME, BUT NOT TO RETURN MY GRANDMOTHER AND PLACE MY GRANDMOTHER ON FAMILY CARE, PUT HER IN A NURSING HOME AND GIVE MY GRANDMOTHER'S SON HER SSI CHECK. WE EXPLAINED TO THEM THAT NEIGHTER ONE OF THEM COULD NO LONGER AFFORD TO LIVE IN HER HOME, BECAUSE HER PROPERTY TAXES ALONE WERE AROUND $3800/YR.
I NOW HAVE A RESTRAINING ORDER AGAINST MY UNCLE AND I HAVE HAD TO START THE LEGAL EVICTION THROUGH THE COURT SYSTEM, BECAUSE NO ONE WOULD REMOVE MY ABUSIVE UNCLE FROM MY GRANDMOTHER'S HOME EVEN WITH MY POA DOCUMENTS, WHICH GIVES ME PERMISSION TO LEGALLY DEAL WITH ALL OF HER FINANCIAL ASSETS INCLUDING REAL ESTATE.
P.S IT HAS BEEN ALMOST 1 YEAR SINCE I FIRST STARTED ASKING FOR HELP WITH THIS SITUATION AND MY GRANDMOTHER IS STILL NOT ABLE TO SAFETLY RETURN HOME.
HERE ARE MY QUESTIONS:
1. DID THE POLICE HAVE THE LEGAL RIGHT TO REMOVE MY UNCLE FROM MY GRANDMOTHERS HOME WITHOUT US LEGALING EVICTION HIM?
A SOCIAL WORKER CONTACTED THE POLICE DEPARTMENT FOR US IN MARCH 2010 AND SHE SAID THE POLICE WOULD NOT REMOVE HIM FROM HER HOUSE AND THAT I NEEDED TO LEGALLY EVICT HIM. WHEN WE WENT BACK TO MY GRANDMOTHERS DOCTOR FOR HELP, THEY WOULDN'T HELP.
2. IF YOU EXPLAIN TO A DOCTOR THAT AN 87 YEAR OLD WOMEN IS BEING ABUSED BY HER SON AND GIVE THEM A LETTER THAT SHOWED HE WAS CONVICTED OF DOMESTICALLY ABUSING HER, SHOULDN'T THEY HAVE HAD A MEDICAL ATTORNEY FROM THEIR CLINIC CONTACT THE POLICE DEPARTMENT AND ASK THEM TO HELP HER?
MY FATHER HAS BEEN HELPING MY UNCLE HARASS ME SINCE I HAVE A RESTRAINING ORDER AGAINST MY UNCLE. IF MY FATHER HAS TELLING PEOPLE WHOM ARE NOT BLOOD RELATIVES TO CALL ME AND HARASS ME BY PHONE AND THEN TELL THEM TO COME OVER TO HARASS ME AT MY HOME. I HAVE CONTACTED MY POLICE DEPARTMENT, BUT THEY SAID THAT MY UNCLE IS NOT VIOLATING HIS RESTRAINING ORDER. THE INJUCTION STATES MY UNCLE IS NOT TO HAVE CONTACT WITH ME, MY HUSBAND, OR MY GRANDMOTHER AND NOT TO HAVE ANY 3RD PARTY CONTACT WITH US.
3. SHOULD MY UNCLE BE ARRESTED FOR HAVING OTHER PEOPLE HARASS ME ON HIS BEHALF?
MY GRANDMOTHER IS VERY LOW INCOME EVEN THOUGH SHE OWNS A OLDER, HOARDED HOME.
4. WHY WOULD I HAVE TO LEGALLY EVICT MY UNCLE FROM HER HOME, ESPECIALLY IF HE IS ABUSIVE TOWARDS MY GRANDMOTHER AND MYSELF?
5. IF MY UNCLE HAS A WARRANT AND HE SHOWS UP AT THE EVICTION HEARING WILL THEY ARREST HIM? IF SO, WILL THEY ARREST HIM BEFORE THE EVICTION HEARING OR AFTER?
6. IF HE IS NOT ARRESTED, IS THERE A WAY DURING THE EVICTION HEARING THAT I CAN REQUEST THAT HE ONLY TAKES HIS PERSONAL BELONGINGS OUT OF THE HOUSE, SO THAT SHE DOESN'T HAVE THE FINANCIAL BURDEN OF PAYING A MOVING TRUCK AND STORAGE FOR THE HOARDED ITEMS THAT HE MADE HER PURCHASE FOR HIM OVER THE PAST DECADE?
MY GRANDMOTHER HAD HER POA UPDATED THROUGH A PRIVATE ATTORNEY. WE HAVE SINCE HAD HER DECLARED INCOMPETENT, BUT WE HAVE NOT RELAYED THIS INFORMATION TO MY UNCLE'S ATTORNEY. HIS ATTORNEY IS NOW TRYING TO SUBPOENA MY GRANDMOTHER TO THE EVICTION HEARING.
7. IF SHE DOESN'T GET SERVED THE SUBPOENA, DOES SHE STILL NEED TO SHOW UP FOR THE EVICTION HEARING?
8. SHOULD WE BRING THE INCOMPETENCY LETTER TO COURT?
9. WHAT COUNTY DOES MY GRANDMOTHER LIVE IN BECAUSE SHE IS NOW BEING DENIED BENEFITS, BECAUSE THEY SAY SHE NOW LIVES IN OUR HOME, IN OUR COUNTY, WHICH IS 8 MINUTES FROM HER HOME. SHE HAS OWNED A HOME IN ONE CITY FOR 37 YEARS, DOES THAT MEAN SHE LIVES IN THAT COUNTY? WE NEVER LEGALLY CHANGED ANYTHING STATING THAT SHE LIVED IN OUR HOME BECAUSE WE THOUGHT WE COULD SAFELY RETURN HER HOME WITH IN A FEW WEEKS.
I WANT TO THANK ANYONE IN ADVANCE WHO IS KIND ENOUGH TO SEND ME ANSWERS TO MY COMPLICATED LEGAL QUESTIONS. THANK YOU!
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