HomeMy WebLinkAbout99-00223
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DEBTS
2. Husband agrees to pay all marital debts incurred prior
to the date of separation, In agreeing to pay the marital debts,
husband agrees to hold wife harmless and indellU1ify wife for any
payment which she should make whether this payment is voluntary
or made in response to husband's failure to discharge such debts,
Husband shall provide wife with proof that the marital debts have
been satisfied,
REMEDIES
), In the 8vent that either party breaches any provision of
this agreement, the other party shall have the right, at his or
her election, to sue for damages for such breach, and seek any
other remedy allowed in law or equity, Waiver by one party of
any breach of this agreement by the other party shall not be
deemed a waiver of any other breaches,
4. This agrgement constitutes the entire understanding of
the parties with respect to equitable distribution, and there are
no representations, warranties, covenants or undertakings other
than those expressly set forth herein, The parties agree that
the terms of this agreement shall be entered as an Order of
Court,
INCORPO~
5, The parties intend this agreement to be incorporated,
but not merged, into the divorce decree,
6. The parties intend to be legally bound by the terms of
this agreement and that the agreement will be filed with the
Court in satisfaction of the Equitable Distribution claim,
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Brent Barrow.,
Plaintiff
IN THE COURT OF Cot+ION PLEAS OF
CUMBEIU.MO COUNTY, PENNSYLVANIA
v.
NO,
Q9,,~,;q
CIVIL TERM
Donna Barrow.,
Defendant
IN DIVORCE
HOT ICE TO DEFEND (\HQ CLAIM RIGij:rB
You have been sued in court, If you wish to defend against
the claims set forth in the following pages, you must take prom\)t
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 jUdgement may also be
entered against you for any other claim or 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 the divorce is indignIties or
irretrievable breakdown of the marriage, you may request marriage
counsel.ing. A Ust of marriage counSEllors is available in the
Office of the Prothonotary at Cumberland County Courthouse,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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, PA 17013
(717) 249-3166
IN THE COURT 010' COMMON PLEAS
CUMBERI.ANU COlJNTY, I'ENNSVLVANIA
Brent Bamn...
P"lntllY
v.
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IN JJlVORCE
No. 99.123 CMI Term
Donna BllI'l'OWS
Defendant
WAIVER OF NOTICE OF INTENTION TO REQlIEST ENTRY OF A DIVORCE
UECREE UNDER N 330J ( c) OF THE DIVORCE CODE
1. I consent to the entry ot'a lina! decrec of divorce without notice.
2, I understand that I may lose rights concerning aUmony, division of property.
lawyer's fees or expenses if I do not claim them before a divorce is granted,
3. I understand that I wlll not be divorced until a divorce decree is entered by the
Court and that a copy of the decree wlll be sent tll me immediately after it is
tiled wilh the Prothonotary,
I veritY that the statements made in this affidavit are true and correct, I
understand that false statements herein are made sllhject to the penalties of II! Pa,
C,8. ~ 4904 relating to unsworn falsilication to authorities,
H8/IJO __.
Dale
15d 13~.. _
Brent BWTOWS, Plaintiff .
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DEB'tS
2. Husband agrees to pay all marital debts incurred prior
to the date of separation, In agreeing to pay the marital debts,
husband agrees to hold wife harmless and indemnify wife for any
payment which she should make whether thill payment. is voluntary
or made in response t.o husband's failure to discharge such debts.
Husband shall provide wife with proof that the marital debts have
been satisfied.
REMEDIES
3. In the event that either party breaches any provision of
this agreement, the other party shall have the right, at his or
her election, to sue for damages for such breach, and seek any
other remedy allowed in law or equity, Waiver by one party of
any breach of this agreement by the other party shall not be
deemed a waiver of any other breaches.
4. This agreement constitutes t.he entire understanding of
the parties wit.h respect t.o equitable distribution, and there are
no repr.esentations, warranties, covenants or undertakings other
than those expressly set forth herein, The parties agree that
the terms of this agreement shall be entered as an Order of
Court.
INCORPORATION
5, The parties intend this agreement t.o be incorporated,
but. not. merged, into the divorce decree,
6. 1'he parties int.end to be legally bound by the terms of.
this agreement and that the agreement will be filed with the
Court in satisfaction of the Equitable Distribution claim.
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IN 'nu: ('Ollln' (W ('OMMON l'U:AS ()\1
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NO,l)I)-l23 ClVI" 'nmM
l>ONNA l\ARlmWS,
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IN mVORCE
EQ\In'A"',E mS'l'IUl\\I'noN
l'IU:-'1'1\1A" S'I'A'r~.I.ul'..llli-l':l.;JillA~I:t l>ONNA UA,moWS
AND NOW, co1tlCS thc Dcfcndant, Donna Barrows, hy hcr allorncyS. thc hltnlly Law C\lltle,
and prescnts this prc-trial statemcnt as follows.
The Plaintiff is Br\~nt H.mows, hcrcinafll~r rcfcl'l'cd to as "Hushand" and thc Defl'ndant is
Dro'''' B"ro''"' I""'''''''' re ",,,d '" " " W if,", Ih' "mmd, I'" ,1;..,", ,,, ,h', ''','''' ,re .) 30 I
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"I"d by W If, I" " 1'0<" im' m,d M."h t1, \9'\9, W if'" ""~,,,d """'"' i "" ,,' "" ,1;",,,,, ,,~,
out in pantgraph \ \ of this documl,n\.
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m,.i." "n"", d"," I"", Ih'" ,hll,'"'' '"'' b"," "l'Ihl, ",,""fi" ,,,,., 'DOB \2121 J7 b), are,
(00 B 'I II82\, .,d ""By ,OOB , 11241'''' A '0"" md.. ,i '" 'ho"''''' .,d W,,', ,Imred ',g.1
,""""y "fth' ",i"ot ,hlldre'" Wif' b.. 1'"""'" ,hy",,,1 "",m" "I' """y, A,,,,,.gh "",,,,,,d h.
I',i ""~ I'h "Ico I ,"""dy ",' G"" "", b'" b"''' h ,I", w"b W I 1', lot ,'" ""<> ,I' ","0"" by
infor1tlalag,ree1tlcn\.
The partic;, scparated in A\\guSt of \'1%.
Thc following infonnati(lI\ rchltcs tothi!! c(juitahle distrihution claim:
\, ~SSE'l'S:
I"IlIn-,"III'II81
No
L.Wu
No
Mro:illllAJiW
\99\ Chevy Bla/.cr
YJlln~
$4275
U"le III' Vlllulltlon
I \/8/\)9
1
0uk Dry Sink $450 11/8/99 No No
Mctul Ucdfhnnc m 11/8/91) No No
All' Cundltillncl' m 11/8/99 No No
Cuffce Tuhlc $175 11/8/99 No No
End tuhlc $175 11/8/99 No No
Vucunl11 Clcllncl' $~OO 11/8/99 No No
Soth, LUVCSCllt, $1200 11/8/99 No No
and Rcdincr
Entcl'tainmcnt Ccntcl' $300 11/8/99 No No
Tclcvision $300 11/8/1)9 No No
Lincll Itcms $200 11/8/99 No No
Gun Cahinct $400 11/8/99 No No
Watcrhcd, Dl'csscl', $800 11/8/99 No No
and HUlch $800 11/8/99 No No
Two Sillglc Bcds $200 11/8/99 No No
Circular SIIW and $100 11/8/99 No No
Soekct Sct
Thrce 8" hy 10" $15 11/8/99 No No
Photos of Brian, Grcg, and Ilully
Douhle Picture $5 11/8/99 No No
Fl'illlw Ill' 1I0lly liS II Bahy
Littlc Wuodell $50 11/8/99 No No
School Desk
Home Intcriol' ItCl11s:
Wildlifc Photos $200 I 1/8/99 No No
Woodcn Shclf $30 11/8/1)9 No No
GllIss Candlc lIoldcr $15 11/8/99 No No
Sct of Pknic Bears $12 11/8/99 No No
Flowcl' ring $8 11/8/99 No No
Dcep Dish Cllndlc $15 11/8/99 No No
lIoldcl'
Bouquct of Flowcl's $8 11/8/99 No No
Kitchcll Itcms:
Refl'igcratOl' $1000 11/8/99 No No
I'ots, PailS, etc. $300 11/8/99 No No
Tuhlc IIl1d Chllil's $600 11/8/99 No No
Dcacon's Belich $35 11/8/99 No No
W oodcn Bl'clld Box $25 11/8/99 No No
Woodcn Amish Boy $10 11/8/99 No No
and Girl
Woodcn IIcllrt $5 11/8/99 No No
Duck Cookic Jar $20 11/8/99 No No
~
Fishcl' Pl'icc Bllck- $20 11/8/99 No No
PlIck with Dishcs
2
Lilllc Pcl shop $30 11/8/99 No No
UOllsc and Pets
Fishcr Price Purse $15 11/8/99 No No
Misecllaneous. Dolls $30 11/8/99 No No
Computer StOl'yhuok $30 11/8/99 No No
Etch-A-Sketch $10 I 1/8/99 No NQ
Etch-A-Sketch $15 11/8/99 No No
Drawing Board
Playskool Dishes $15 I I/X/99 No No
Fishel' Price Ilorse $20 II/X/99 No No
Playskuul Slroller $20 11/8/99 No No
Toy Box $10 1 I/X/99 No No
Princess Crystul House Ilelllli:
Brllss Candle Stick $25 11/8/99 No No
Two Lead Candle $25 I 1/8/99 No No
Ifolders
Two Candlc $30 II/X/99 No No
Lanterns
2, EXpr~J{'[' WITNI~SSES:
Wife does not feel that any experts are necessary.
3. OTlllm W.J:r.~I':SSES:
Wife does not feel that any witnesses, other than the parties, arc necessary at this time,
hut roserves the right to call any witnesses who may be relevanl.
4. EXHlHITS:
Exhibit "A" sllllcs fhal in exchange for Wife fiJrfeiting her share of Husband's
retirement pension. Husband will satisfy any debts incurred d\lring the marriage.
Exhibit "/3" is a statement, signcd by Husband, in which hc stales that under
advisement of lIusband's attorney, Richard C. Gaffney, Esq" Husband releases Wile l1'om
any obligation 10 (;onlribute 10 or pay the l11arltal debt, in exchange for Wife waiving her right
10 the pension,
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5, GJlUSSJ.NCOM.::
Wife is currently employed allhe Flying J Travcll'luza, Shc CUI'l1S approxitnately
$400 every two weeks.
There is a eonrt order fill' Husoand 10 pay $16 pel' l110nth for child support, but
Husband has not paid since Junuary, !'J'J'J,
Wife will supply a copy of her I'J'JX tax relurn if requesll,d.
6. I\XI'E!'\'S.KSl
Wife docs nol in lend to offer any testimony regarding her monlhly expenses, since
the only type of marital property al issue is personal challels,
7, PI\NSIONS AND INSlLRAN.C.E;,
Pensions and insurance arc nolal issue. (See Exhihit "A"and "n")
8, COUNSEL Flms:
There arc no claims for counsel fees.
9, DISPUTED PERS.QML PIWI~T'y';
There is only a dispute involving personal chattels, not pcrsonal property.
10, MARff.AL..PJillIfu
As belween the parties, Husoand has agreed to hold Wife harmless for the marital
debt, (see Exhibit "U")
II. r.RQPOSEU ItESOLUTI.!lli:
Wife believes that the only equitable distrioution issue is lhe distribution of the
personal chattcls of the l11arriage.
Wife is l:nrrently in possession of the oak dry sink, metal bedfral11e, air conditioner,
coffee table, end table, and toy box. The value of these items is estil11aled 10 be $1235, The
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IN THt: COURT OF COMMON PLEAS
CUMBI:RUND COUNTV, PENNSn VANIA
N~ ,q 11~
BRENT K. BARROWS,
PLAINTIFF
VI.
)
)
)
)
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CIVIL ACTION- LAW
No, 99-233 CIVIL TERM
DONNA M. BARROWS,
DEFENDANT
IN DIVORCE
PI,AINTIFF'S PRF.-l'RtAL STATEMf:NT
AND NOW, comes the Plaintiff, Brent K. Barrows, by Rnd through his counsel,
Richard C. Gaffney, Esquire, who files this Pre-Trial Statement pursuant to Pa.R.C.P.
1920.33(b)
I. BlckRroulld Illd froctQural Hilton.
In this unhappy case, the parties have already distributed nearly all of their limited
marital assets, but continue to haggle over a few items of nominal value.
The Plaintiff and Defendant separated more than three (3) years ago on August 2,
1996 and h/lve continued to live separate and apart since then. At the time of separation,
the pl\l11es did not own any real property. They divided most of the personal marital
property.
On February 8, 1997, the parties signed a Consent Agreement, which was entered
as an Order of Court by President Judge GeorSe E. Hoffer for shared custody of their
two (2) minor children, Gregory A Barrows (date of birth 9/1/82) and Holly A. Barrows
(date of birth 11/24/89). The parties have enjoyed shared custody of their children since
that time.
On November 23, 1998, the Defendant herein filed a Complaint for spousal and
child support in the Domestic Relallons Section of the Cumberland County Court of
Common Pleas. On January 13, 1999, the Honorable Kevin A. fless, Judge entered a
Court Order for child support against the Plaintiff herein In the amount 01'$16,00 per
month. Judge Hcss' Order detcrmined that the Defendant's monthly net income was
$1,053.97 and the Plaintllrs monthly net income wu $1,140.98. The Domestic Relations
Section found that ~pousal support was not warranted and Judge Hess awarded no
spousal support
During the C<lUrsc of the marriage, the parties accumulated substantial marital debt.
The only marital asset of any significant value was Plaintitl's pension plan. On May 5,
1998, the PlalntitTand Oefendant agrt'.ed that the PlaintitTwould assume all of the marital
debt in exchange for Defendant forfeiting any claim or share that she might have had to
Plaintitl's pension plan.
The Plaintifl'satisfied all of the marital debt and warranted the same to the
Defendant by providing her a Release of Claim.
On March 17, 1999, the Defendant flied a Petition for Equitable Distribution that
listed as marital property "Plaintitl's pension, Horne Interior decorative items, jewelry,
clothes, pictures and photo albums, computer and desk, and a toy chest. The Defendant
neglected to list the parties' substantial marital debt that had been assumed by the PlaintitT
and made no mention of the parties' May 5, 1998 agreement wherein she forfeited her
interest in Plalntitl's pension in exchange for his assumption of the marital debt.
On April 28, ]999, the Detlmdant l1Ies a Motion for Appointment of Master and
asserted a claim for distribution of property.
2. Mariaal Allctlln DJsDull!.
On or around May 3, 1999, the Defendant or her representative entered the
Plaintitl's residence and removed without the Plaintitl's permission a toy chest, telephone,
cotTee table, round end table, and air conditioner.
On June 4, 1999, Defendant's counsel provided Plainhtl's counsel a list of "marital
assets in dispute." The "marital assets in dispute" and their whereabouts, as known to the
PlalntitTare listed immediately below (After three (3) years, most of the items listed by tile
Defendant either no longer exist, are in Defendant's possession, or have been discarded by
the PlaintitT as broken)
a, Hom(' Int(!riol' items:
I. wooden shelf wllh (, dr,l\V('rs
2, glass candl(' holdel' (snowhall)
3, S('I of picnic h("lrs
Ddi.'ndanl'S ('os session
Whereabouts Unknown
Whereahouts Unknown
4, flower ring Whereabouts Unknown
5. deep dish candle holder Whereaboulll Unknown
6, houquet of Aow('11l Whewahoulll Unknown
h, kitchen items:
\. deacon's hench Plain tift's ('osgession
2, wood('1l hread hox Wlu,rcahouts Unknown
3, wooden Amish boy and girl \Vherl'ahouts Unknown
4, wooden Iwart \Vhcreahouts Unknown
5, duck cookie jar Whl'rl'ilhouts Unknown
6, kitchen tahle and chairs Dl'fendant's possession
c, toys:
l. Fish(,r Price hack rack Def(,ndant's possession
2, little pet sho(' house and pets Discarded as hroken
3, Fisher Price little ('urse Whereahouts Unknown
4, miscellan(,ous dolls Whereahouts Unknown
5, . computer storyhook \Vh(,reahouts Unknown
6. etch -a-sketch Dis(:arded ,t~ hroken
7. etch-a-sketch dmwing hoard Discarded as hroken
R. Playskool set of dishes Wht'reabouts Unknown
9. Fisher Price riding hors(' Wh('reabouts Unknown
to, Playskool doll stroll(,r Discarded as hroken
d. . Princ('ss Crystal Hous(, it('ms:
l. hrass candie stick Whereahouts Unknown
2, two lead candle holders \Vhereahouts Unknown
3, two candl(' lanterns Whereahouts Unknown
c. miscellaneous items:
l. three II" hy 10" ('icllll'('s Whcn,ahouts Unknown
2, double picture frame/ baby Holly Whereahouts Unknown
3. littk. wom!m school (tc.sk
I'laintifl's POss('sHion
3, lJalntlfrl EZIH!I1 Wltnellts. The PlaintitT intends to call as witnesses at trial, as
necessary, ecClnomic e~perts, whose identity has not yet been determined, who are
expected to otTer testimony as to the fair market value of the parties' assets,
4, Plalntlfr. Fad WIt"CIICS. The PlllintitTintends to call as witnessesal trilll, friends
and family members whose identities have not yet been determined.
5, lIalntlfrl Ezl!lbltl. The Plaintiff intends to introduce exhibits at trial which are
expected to exceed three pages in length, whose contents will provide evidence of the
filiI' market value of the parties' assets,
6, PI.lotlfrllncoD1C, The Plaintitl's gross income from all sources, each payroll
deduction, and the Defendant's net income, including the Defendant's most recent
state and federal tax returns and pay stubs lire already available to the plaintitT and her
counsel, Current and original documents will be produced by the Plaintiff as exhibits
at trial,
7, lIIlnalfrl EZDcnICl, The Plaintifl'intends to introduce testimony at trial liS to his
expenses. A current statement of expenses will be produced by the Plaintiff as an
exhibit at trial.
8, lIaln~jfr. PCIlIIQn, The value of the Plaintitl's pension or retirement benefits, the
marital portion thereof, and the facts and documentation upon which the Plaintiff has
relied in suppoli therl'of will be produced at the hearing,
9, Counlcl Ji'en, The Defendant has not made a claim for counsel fees. To the best of
the plaintift's knowledge, information and belief, the Defendant has incurred no
counsel fees in connection with this matter, The Plaintiff, on the other hand, is
represented by private counsel, The PlaintitThas incurred counsel fees in excess of
$3,000,00 solely as a result of the Defendant's unreasonable, dilatory and vexatious
conduct. The PlalntitTtherefore claims of the Defendant his counsel fees in the
amount of$3,000.OO, proof of which will be presented at trial.
10, I)ilouted Tanllibl~ Pcnonal ProlH!l1v, The parties' dispute liS to tangible personal
property Is explained in paragraph 2 hereinabove,
I), Marital De,,1. A list of the parties' marital debts will he produced at the hearing,
"
BRENT K. BARROWS,
Plaintiff
IN THE: COURT OF' COMMONPL,EAS O~'
CUMBF:RLAND COUNTY, PENNSYLVANIA
VB.
NO. 99 - 223 CIVIL
DONNA M. BARROWS,
DefHndant
IN DIVORCE:
RE: :
Pre-HHaring ConferencB Memorandum
DATI~ :
Monday, May 8, 2000
Present for the Pl.aintiff, Brent K. Barrows, is
attornBY Richard C. Gaffney, and present tor the Defendant,
Donna M. Barrows, is attorney Thomas Place and certified
IBgal intern, Stacy A. Barker.
This action was commenced by thB fiUng of a
divorCB complaint on ,January 13, 1999, raising grounds for
divorce of irretrievable breakdown of the marriage.
Counsel are direct(~d to file affidavits of consent and
waivers of notice of intention to request entry of diVOrce
decree within one week of today's date so that the divorce
can be concluded under Section 3301(c) of the Domestic
Relations Code. By petition dated March 17, 1999, a claim
for equitable distribution was filed on behalf of thB
DBfendant. No other economic claims havB bBBn raised in
thB action.
The parties were marriBd on August 7, 1976, and
sHparatBd August 1996. They are the natural parBnts of
thrBe children, the oldest chiid bBing emancipated and thB
two minor children residing with wife.
Husband is 40 YBars of agB and rBsidBs at 1381
Zinunerman Road, Car lisle, PBnnsyl vania, wi th a fBmalB
friend. Husband is an over-the-road truck driver.
Wife is 39 years of age and resides at 718
CumbBrland Point Circl.e, Mechanicsburg, Pennsyl.vania, with
the two minor children. She is a waitress at Flying J.
The parties have provided various lists of items
of tangibl.e personal. propBrty which appear to be the main
issue in this case regarding distribution of assets.
Counsel should provide to each other a list of items which
the party he or she represents wants returned and al.so the
l.ist should include items that the party has in his or har
possession. Consequentl.y we will. have two lists from each
party, a l.ist showing items in possession and items that the
.
party would like to have that either is in the other party's
possession or may be determined that the whereabouts of the
items are unknown. It is specifically noted that on the
pretrial statement there is a list of items that has a
notation after the list "whereabouts unknown". The Master
is referring to Plaintiff's pretrial statement.
After we have had the list exchanged wi thin a
month of today's date, then counsel can determine if they
want to have Bny of the items appraised as we will need to
have values placed on the items for purposes of the
distribution. The parties can testify as to their opinion
as to value and we can also consider the testimony of any
experts who the parties may want to have testify.
If it is determined that an item does not exist
because the "whereabouts is unknown", then counsel and the
parties wIll have t.o t.ry to determine what t.he value of the
lost. item is so we can include that item in the
dist.ribution. Otherwise, if an item in identified as
unknown and there is no value placed on the item, the Master
will simpiy not consider the item at all.
Mr, Place has indicated that there are some large
items which husband has retained inclUding a 1991 Chevrolet
Blazer which has a value of $4,275.00. The vehicle is not
encumbered and wHe claims that it is a marital asset.
Also, Mr. Place has indicated that there is a refrigerator
which husband has retained, which has a value of $1,000.00.
Wife also claims that husband or husband's female
friend has the kitchen table and chairs which are marital
and wife is also looking specifically for the return of a
duck cookie jar and a bread box.
Wife also wants to have verification from husband
that the marital debts are paid, Apparently there was a
request for an affidavit signed by husband which would
probably include an indemnification that the detts are paid
with a list of debts attached that have been liquidated.
Consequently, that affidavit and list of debts, along with
the indemnification, should be provided to wife within
thirty (301 days of today's date.
There is also a proposal that certain family
photographs be made available to wife; that they be
reprinted and that the cost split between the parties. If
there is an issue about photographs, those photographs
should be made available so selection can be made for the
purpose of reproducing whatever photographs either of the
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