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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND
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DONNA C.PRESSLEY,
Plaintiff
N<<), ...9S",612..,CIV.IL.......,
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RUSTIN L... PRESSLEY, .
Defendant
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DECREE IN
D I V 0 R C E ....:t'~.. s). ~.1Yl
AND NOW, . r:..--:'4..?:.7........... 19,~~..., it is ordered and
decreed that......... .~C?~~!\. S:. ~.~~I?;:;~Ei~..,..,...,........., plaintiff,
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are divorced from the bonds of matrimony,
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The court retoins jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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hereby incorporated but not merged into this Decree.
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DONNA C. PRESSLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-612 CIVIL TERM
CIVIL ACTION - LAW
RUSTIN L. PRESSLEY,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO: Prothonotary of Cumberland County:
Please transmit the record, together with the following
information, to the Court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under
Section 3301(c) of the Divorce Code.
2. Date and manner of service of Complaint: via personal
service on February 11, 1998. (See Affidavit of Service filed
herein. )
3. Date of execution of the Affidavit of Consent required
by Section 3301(c) of the Divorce Code: by the Plaintiff:
January 13, 1999; by the Defendant: January 13, 1999.
4. Date of execution of Waiver of Notice of Intention to
Request Entry of Divorce Decree under Section 3301(c) of the
Divorce Code: by the Plaintiff: January 13, 1999; by the
Defendant: January 13, 1999.
5. Related pending claims: None. All claims resolved by
Post-Nuptial Agreement dated March 9, 1998.
LAw OFFICES
SNELDAKER.
BRENNEMAN
{\ SPARE
SNELBAKER, BRENNEMAN & SPARE, P.C.
Date: ~1/t1
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By: p
AtQorn ys f r Plaintiff
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WHEREAS, the parties agree that their marriage is
irretrievably broken; and
WHEREAS, on February 3, 1998, Wife commenced an action in
divorce docketed to No. 98-612 civil Term in the Court of Common
Pleas of Cumberland County, Pennsylvania (hereinafter called
"Divorce Action"); and
WHEREAS, the parties acknowledge that each has had the full
opportunity to be advised independently and represented by
separate counsel concerning their respective rights, duties and
obligations arising out of their marital status. Wife is
represented by Philip H. Spare, Esquire of the firm of Sne1baker,
Brenneman & Spare, P. C. and Husband has elected not to engage
the services of an attorney despite being advised that he should
do so; and
WHEREAS, the parties having a full opportunity to be advised
of their respective rights, duties and obligations arising out of
the marriage and each having a full opportunity to investigate
and evaluate the assets, liabilities and all other aspects of
each other's property and their jointly owned assets and
liabilities, have come to an agreement for the final settlement
of their property and affairs.
NOW THEREFORE, in consideration of these presents and the
mutual covenants, promises, terms and conditions hereinafter set
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forth and to be kept and performed by each party hereto, and
intending to be legally bound hereby, the parties mutually agree
as follows:
1. INCORPORATION OF PREAMBLE. The foregoing preamble and
paragraphs are incorporated by reference herein in their
entirety.
2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION.
The parties agree that the items of property set forth in
"EXhibit A" are all of the assets which they acquired during
their marriage and which would be the subject of equitable
distribution if submitted to a court for division under the
provisions of the Pennsylvania Divorce Code. The parties declare
and agree that they are familiar with said assets and hereby
waive the evaluation thereOf, although each party declares that
she/he has had full opportunity obtain such evaluation.
3. DIVISION OF ASSETS. Upon the execution of this
Agreement and except as otherwise provided, the parties agree to
divide, allocate, retain and/or transfer the assets shown on
"Exhibit A" as follows (the items numbers refer to the
corresponding numbers on "EXhibit A"):
A. ASSETS TO WIFE
1. Marital residence located at 463 Rich Valley Road,
Carlisle (Silver Spring Township), Cumberland
County, PennSYlvania;
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2. 1995 GMC Jimmy sport utility vehicle;
5. Bank accounts in Wife's name;
7. Wife's retirement and/or 401(k) account;
9. York Federal account in joint names;
12. Household goods, furniture and other tangible
personal property currently in Wife's possession,
except those items listed in paragraph 11 of
Exhibit A;
B. ASSETS TO HUSBAND
3. 1988 Chevrolet Pickup truck;
4. 1986 Chevrolet Monte Carlo automobile;
6. Bank accounts in Husband's name;
8. Husband's retirement and/or 401(k) account;
10. Household goods, furniture and other tangible
personal property currently in Husband's
possession;
11. Stereo (disassembled), 27-inch television set,
race car, go-kart, Wheel Horse lawn mower,
Husband's tools and tool boxes, tire press, lathe,
sheet metal bender, portable shelving,
miscellaneous race car parts, truck cap;
4. REMOVAL OF PERSONAL PROPERTY
It is agreed and
understood that Husband shall remove the items set forth in
sUbparagraph 3.B.ll above from the real estate known as the
marital home within thirty (30) days of the execution of this
Agreement. In the event Husband fails to remove said items
within the given time period, Wife may take any steps necessary
to dispose of said items without any liability to Husband.
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5. MARITAL HOME. Contemporaneous with the execution of
this Agreement, Husband shall execute a deed granting and
conveying to Wife all of his interest in the real property
located at 463 Rich Valley Road, Carlisle (Silver Spring
Township), Pennsylvania.
Wife covenants and agrees not to sell her interest in the
marital home for a period of five( 5) years from the date of this
agreement.
Wife shall be solely responsible for current mortgage and
home equity loan payments (which obligations are identified in
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paragraph 6 below), insurance, taxes, maintenance, repairs and
all other expenses related to the marital home. Wife shall hold
husband harmless and shall indemnify him for any and all amounts
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due under the current mortgage and home equity loan.
6. CURRENT LIABILITIES. The parties agree that the only
existing joint liabilities of the parties are:
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A. First United Mortgage Services, Inc. Loan Number
206940062 evidenced by the mortgage dated October 10, 1995 and
recorded in the Recorder of Deeds Office in and for Cumberland
County, Pennsylvania at Mortgage Book 1286, Page 299 which
Mortgage was subsequently assigned to Standard Federal Bank by
instrument dated October 10, 1995 and recorded at Miscellaneous
Book 50S, Page 998 and subsequently assigned to Mellon Mortgage
Company by instrument dated July 16, 1996 and recorded in
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Miscellaneous Book 528, Page 335; and
B. York Federal Savings and Loan Association home equity
loan evidenced by the Note referred to in the Mortgage dated
December 9, 1996 and recorded in the Recorder of Deeds Office in
and for Cumberland County, Pennsylvania at Mortgage Book 1355,
Page 1147.
wife shall be solely responsible for the two preceding
obligations pursuant to Paragraph 5 above.
Each party shall be solely responsible for paying any debt
or obligation incurred in his or her name since September 6,
1997, the parties' date of separation. Parties agree to
indemnify one another and hold each other harmless of and from
any and all debts, damages costs and expenses which either party
may incur directly as a result of the other party's failure to
pay his or her individual debts or obligations incurred since the
date of separation.
7. FUTURE OBLIGATIONS. The parties agree that any and all
obligations incurred subsequent to the date of this Agreement,
shall be the sole and separate liability and responsibility of
the party incurring the obligation and each party agrees that
he/she will not incur or attempt to incur any obligations for or
on behalf of the other party and will indemnify and hold harmless
the other party of and from any and all liability arising from
such future obligation.
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8. RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as
specifically provided to the contrary hereinabove in this
Agreement, each party hereby waives and forever releases the
other party of and from any and all claims which either may have
against the other by reason of and pursuant to the Pennsylvania
Divorce Code (and the divorce law of any other jurisdiction)
including, but not limited to, alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees, costs
and expenses, except that the performance of any obligations
created hereunder may be enforced by any remedies under the
Pennsylvania Divorce Code.
9. INDIVIDUAL PROPERTY. Except only as may be provided
specifically to the contrary hereinabove, each party shall retain
all property, real, personal and otherwise, which is presently
titled in his or her name and ownership, whether or not said
property is or would be deemed to be marital property under the
Pennsylvania Divorce Code and each party hereby expressly
releases the other of and from any and all right of equitable
distribution in and to said individually owned property of such
other party.
10. GENERAL RELEASE. Husband relinquishes his inchoate
intestate right in the estate of Wife, and Wife relinquishes her
inchoate intestate right in the estate of Husband, and each of
the parties hereto by these presents, for himself or herself, his
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or her heirs, executors, administrators or assigns, does hereby
remise, release, quit-claim and forever discharge the other party
hereto, his or her heirs, executors, administrators or assigns,
or any of them, of any and all claims, demands, damages, actions,
causes of action or suits at law or in equity of whatsoever kind
or nature, for or because of any matter or thing done, omitted or
SUffered to be done by such other party prior to the date hereof,
except that this release shall in no way exonerate or discharge
either party from the obligations and promises made or imposed by
reason of this Agreement. This Agreement shall not be construed
to affect or bar the right of either party to an action for the
enforcement or performance of this Agreement which may be
instituted pursuant to the remedies available under the
Pennsylvania Divorce Code.
11. SURVIVAL OF AGREEMENT. It is the intention of the
parties that this Post-Nuptial Agreement shall survive any action
in divorce which may be instituted or prosecuted by either party,
and no order, jUdgment or decree of divorce, temporary,
interlocutory, final or permanent, shall affect or modify the
terms of this Agreement, but said Agreement may be enforced by
any remedy at law or in equity, including enforcement proceedings
under the Pennsylvania Divorce Code. The parties agree to
incorporate this Agreement into a separate order of court to be
entered in the Divorce Action, but this Agreement shall not be
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15. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains
the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than
those expressly set forth herein. The parties acknowledge and
agree that the provisions of this Agreement with respect to the
distribution and division of marital and separate property are
fair, equitable and satisfactory to them based on the length of
their marriage and other relevant factors which have been taken
into consideration by the parties. Both parties hereby accept
the provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and
satisfaction of all claims and demands that they may now have or
hereafter have against the other for equitable distribution of
their property by any court of competent jurisdiction pursuant to
the Pennsylvania Divorce Code or any amendments thereto. Each
party voluntarily and intelligently waives and relinquishes any
right to seek a court ordered determination and distribution of
marital property, but nothing herein contained shall constitute a
waiver by either party of any rights to seek the relief of any
court for the purpose of enforcing the provisions of this
Agreement.
16. WAIVER. The waiver of any term, condition, clause or
provision of this Agreement shall in no way be deemed or
considered a waiver of any other term, condition, clause or
provision of this Agreement.
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17. APPLICABLE LAW. This Agreement shall be construed,
interpreted and enforced according to the laws of the
Commonwealth of Pennsylvania.
18. HEADINGS. The headings or titles of the numbered
paragraphs of this Agreement have been used only for the purpose
of convenience and shall not be resorted to for the purposes of
interpretation or construction of the text of this Agreement.
19. BREACH. It is expressly stipulated that if either
party fails in the due performance of any of his or her material
obligations under this Agreement, the other party shall have the
right, at his or her election, to sue for damages for breach
thereof, to sue for specific performance or to seek any other
legal remedies as may be available, and the defaulting party
shall pay the reasonable legal fees for any services rendered by
the non-defaulting party's attorney in any action or proceeding
to compel performance hereunder.
20. AFTER-ACOUIRED PROPERTY. Each of the parties shall
hereafter own and enjoy independently of any claim or right of
the other, all items of property, be they real, personal or
mixed, tangible or intangible, which are hereafter acquired by
him or her, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes as
though he or she were unmarried.
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21. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be
responsible for his or her own legal fees, costs and expenses, if
any, incurred in connection with their separation and/or the
dissolution of their marriage.
22. INDEMNIFICATION. Each party represents and warrants to
the other that he or she has not incurred any debt, obligation,
or other liability, other than described in this Agreement, on
which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter
initiated seeking to hold the other party liable for any other
debts, obligations, liability, act or omission of such party,
such party will at his or her sole expense, defend the other
against any such claim or demand, whether or not well-founded,
and that he or she will indemnify and hold harmless the other
party in respect of all damages as resulting therefrom. Damages
as used herein shall include any claim, action, demand, loss,
cost, expense, penalty, and other damage, including without
limitation, counsel fees and other costs and expenses reasonably
incurred in investigating or attempting to avoid same or in
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opposing the imposition thereof or enforcing this indemnity,
resulting to Husband or Wife from any inaccurate representation
made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of any of the warranties made by
Husband or Wife in this Agreement, or breach or default in
performance by Husband or Wife of any of the obligations to be
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performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened
or instituted against either party which might constitute the
basis for a claim for indemnity pursuant to the terms of this
Agreement.
23. MODIFICATION. No modification, rescission or amendment
to this Agreement shall be effective unless in writing signed by
each of the parties hereto.
24. SEVERABILITY. If any provision of this Agreement is
held by a Court of competent jurisdiction to be void, invalid or
unenforceable, the remaining provisions hereof shall nevertheless
survive and continue in full force and effect without being
impaired or invalidated in any way.
IN WITNESS WHEREOF, the parties have hereunto set their
respective hands and seals the day and year first above written
intending to legally bind themselves and their respective heirs,
personal representatives and assigns.
WITNESSED BY:
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(SEAL)
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EXHIBIT A
1. Marital residence located at 463 Rich Valley Road,
Carlisle (Silver Spring Township), Cumberland County,
Pennsylvania;
2.
1995 GMC Jimmy sport utility vehicle;
1988 Chevrolet Pickup truck;
1986 Chevrolet Monte Carlo automobile;
Bank accounts in Wife's name;
Bank accounts in Husband's name;
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4.
5.
6.
7. Wife's retirement and/or 401(k) account;
8. Husband's retirement and/or 401(k) account;
9. York Federal account in joint names;
10. Household goods, furniture and other tangible personal
property currently in Husband's possession;
11. stereo (disassembled), 27-inch television set, race
car, go-kart, Wheel Horse lawn mower, Husband's tools
and tool boxes, tire press, lathe, sheet metal bender,
portable shelving, miscellaneous race car parts, truck
cap;
12. Household goods, furniture and other tangible personal
property currently in Wife's possession, except those
items listed in 11 above;
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND
SS.
On this, the q~ day of March, 1998, before me, a Notary
Public in and for the Commonwealth and County aforesaid, the
undersigned officer, personally appeared DONNA C. PRESSLEY, known
to me (or satiSfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
{'~~ {ik ~
Notary Pub ic
NolaJlal Seal
ChJlst'ne M Whi1e, Notary Public
Mechamcsburg Born, CUmbe!fand Coonly
My Commission EXplres Sept, 17 2001
Milmber, P9nnsytvania AssocIat1on 01 NoIart8s
LAW OFF'ICCG
SNELDAKER.
BRENNEMAN
Be SPARE
DONNA C. PRESSLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98- t;1;). CIVIL TERM
CIVIL ACTION - LAW
v.
RUSTIN L. PRESSLEY,
Defendant
IN DIVORCE
NOT ICE
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take
prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or
annulment may be entered against you by the Court. A judgment
may also be entered against you for any other claim for relief
requested in these papers by the Plaintiff. You may lose money
or property or other rights important to you, including custody
or visitation of your children.
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request that the court
require you and your spouse to attend marriage counseling prior
to a divorce decree being handed down by the court. A list of
marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, Carlisle.
You are advised that this list is kept as a convenience to you
and you are not bound to choose a counselor from the list. All
necessary arrangements and the cost of counseling sessions are
to be borne by you and your spouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DECREE OF DIVORCE
OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER 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
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P.C.
By:
P1aJ.nt~ff
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7. The marriage between the parties hereto is irretrievably
broken.
8. The Plaintiff has been advised that counseling is
available and that Plaintiff may have the right to request that
the Court require the parties to participate in counseling.
9. The Plaintiff requests this Court to enter a decree of
divorce.
COUNT II - EOUITABLE DISTRIBUTION OF PROPERTY
10. The Plaintiff and Defendant have legally and
beneficially acquired property both real and personal during
their marriage from October 14, 1995.
11. The Plaintiff requests this Court to equitably divide
all marital property pursuant to section 3502 of the Pennsylvania
Divorce Code.
WHEREFORE, the Plaintiff, DONNA C. PRESSLEY,
respectfully requests your Honorable Court to:
(a) enter a decree of divorce, divorcing the Plaintiff
from the bonds of matrimony heretofore existing
between the Plaintiff and the Defendant;
LAW OFFIces
SNELDAKER.
BRENNEMAN
6: SPARE
(b) order equitable distribution of marital property;
and
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DONNA C. PRESSLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-612 CIVIL TERM
CIVIL ACTION - LAW
v.
RUSTIN L. PRESSLEY,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(CI OF THE DIVORCE CODE
1. A complaint in divorce under section 3301(c) of the
Divorce Code was filed on the 3rd day of February, 1998.
2. The marriage of the Plaintiff and the Defendant is
irretrievably broken and ninety (90) days have elapsed from
the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
4. I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C. S. S4904, relating to
unsworn falsification to authorities.
Date:
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Donna C. Pressley
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LAW OF"CES
SNELBAtcER.
BRENNEMAN
&- SPARE
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IN TilE COURT OF COMMON !'I,EAS OJ.' CUMIlRRI,AND COUr-;TY, PENNSYI,VANIA
CIVIl. AC'I'JON - I,AW
:
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Pla ntiff : 9'R -(./7 C./Ll/L
: File No.
:
vs. : IN DIVORCE
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Defen ant :
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the
above matter, having been granted a Final Decree in Divorce on the
:J 7 day of fIr.nllf'l.A\.1 ,19 qq , hereby elects to resume the
prior surname~00 ev...h.l,.i (1<" Sr'\\ld{',J", and gives
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this written notice pursuant to the rovisions of 54 P.S. S 704.
DATE:
COMMONWEALTH OF PENNSYLVANIA:
: 55.
COUNTY OF CUMBERLAND
:
On the ) ~-a:.-. day of , 19 q.q , before me, a
Notary Public; personally appea ed the above aff~ known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
In Witness Whereof, I have
my hand and official
seal.
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