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~ IN THE COURT OF COMMON PLEAS 8
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. OF CUMBERLAND COUNTY 8
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fI STATE OF PENNA, '
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ROSANNE K. GIBSON,
8 I'll, 94-3119 HHHHH'" IlJ *
8 Plaint! ff *
8 ""I'.'Ii.' 8
811COT R. GIBSON, *
8 Defendant .
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8 a
. DECREE IN .
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: DIVORCE 8
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~ AND NOW, ..... \~/\..L~. .\~,..."., 19~~.,., It Is ordered and :
u decreed that.,....... ,~oBa.n~e. K..., Gib,BO~l..,.,........,....., plaintiff,
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~ and..................... ..~~?t ,R~. Gi,bBon....,."....,....., defendant, .
~ are divorced from the bonds of matrlmonv, ~
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8 The court retains jurisdiction of the following claims which have ~
. been raised of record In this acllon for which a final order has not vet ~
8 been entered; \Vu IN.' M.'
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INDEX OF PROPERTY SETTLEMENT AGREEMENT
BETWEEN
ROSEANNE K. GIBSON AND SCOT R. GIBSON
SUBJECT
1, Separatiull
2, Interference
3, Agreement Not A l3ar to
Divorce Proceedings
4, Subsequent Divorce
5, Incorporation in Divorce Decree
6, Effective Date
7, Distribution Date
8. Mutual Release
9, Advice of Counsel
10, Warranty as to Existing Obligations
11, Warrant as to Future Obligations
12. Debt of the Part ies
13, Personal Property
14, Division of Real Property
15, Bank Accounts
16, Distribution of Individual
Retirement Accounts
17, Pensions, Annuities and/or
Retirement Bevefits
18, Motor Vehicles
19, After-Acquired Property
20, Payment to Wife
21. Alimony
22, Income Tax Prior Returns
23, Applicability of Tax Law
to Property Transfers
24, Waiver of Alimony
25, Effect of Pi vorce Decree
26, I3reach
27, Waiver of Claims
28, Entire Agreement
29, Financial Disclosure
30, Agreement Dinding on Heirs
]1, Addil:ional Instruments
32, Void Clauses
]3. Independent Separate Covenants
34, Modi fication and Waiver
]1;. Descriptive lIeadings
IL, Applicabll' Law
PAGE NUMBER
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parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as
between each other, including, without limitation by
specification: the Bettling of all matters between them relating
to the ownership and equitable distribution of real and personal
property; settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of
WIFE by HUSBAND or of HUSBAND by WIFEj settling of all matters
between them relating to the past, present, and future support
and/or maintenance of the childj the implementation of custody
and visitation arrangements for the minor child of the parties;
and in general, the settling of any and all claims and possible
claims by one against the other or against their respective
estates.
NOW, THEREFORE, in consideration of the premises and of
the mutual promises, covenants and undertakings hereinafter set
forth and for other good and valuable consideration, receipt of
which is hereby acknowledged by each of the parties hereto,
.. 2 ..
.
HUSBAND and WIFE, each intending to be legally bound hereby
covenant and agree as follows:
1. SEPARATION: HUSBAND and WIFE shall at all times
hereafter have the right to live separate and apart from each
other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control,
restraint or interference whatsoever by the other, Neither party
shall molest the other or endeavor to compel the other to cohabit
or dwell with him or her by any legal or other proceedings. The
foregoing provisions shall not be taken to be an admission on the
part of either HUSBAND or WIFE of the lawfulness or unlawfulness
of the causes leading to their living apart,
2. INTERFERENCE: Each party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agl-eement, Neither party
shall molest the other or attempt to endeavor to molest the
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other, nor compel the other to cohabitate with the other, or in
any way harass or malign the other, nor in any way interfere with
the peaceful existence, separate and apart from the other, and
each of the parties hereto completely understands and agrees that
neither shall do or say anything to the child of the parties at
anytime which might in any way influence the child adversely
against the other party, it being the intention of both parties
to minimize the effect of any such separation upon the child.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right of
HUSBAND or WIFE to a divorce on lawful grounds as such grounds
now exist or shall hereafter exist or to such defense as may be
available to either party, This Agreement is not intended to
condone and shall not be deemed to be a condonation on the part
of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy
differences which have occurred prior to or which may occur
subsequent to the date hereof,
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.
4. SUBSBOUBNT DIVORCBI The parties hereby acknowledge
that WIFE has fUed a Complaint in Divorce in Cumberland County
to Docket No, 94 -3119 Civil Term, claiming that the marriage is
irretrievably bt"oken under Section 3301 (c) of the Pennsylvania
Divorce Code, HUSBAND hereby expresses his agreement that the
marriage is irretrievably broken and expresses his intent to
execute any and all Affidavits or other documents necessary for
the parties to obtain an absolute divorce pursuant to Section
3301(c) of the Divorce Code at the same time as he executes this
Agreement, The part ies hereby waive all rights to request court
ordered counseling under the Divorce Code, It is further
specifically understood and agreed by the parties that the
provisions of thin Agreement as to equitable distribution of
property of the parties are accepted by each party as a final
settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code,
Should a decree, judgment or order of divorce be obtained
by either of the parties in this or any other state, country or
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jurisdiction, each of the parties hereby consents and agrees that
this Agreement and all of its covenants ahall not be affected in
any way by such separation or divorce; and that nothing in any
such decree, judgment, order or further modification or revision
thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry. It
is the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive
upon the parties,
5. INCORPORATION IN DIVORCE DECREE: It is further
agreed, covenanted and stipulated that this Agreement, or the
essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any
divorce proceedings that have been or may be instituted by the
parties for the purpose of enforcing the contractual obligations
of the parties, This Agreement shall not be merged in any such
decree but shall in all respects survive the same and be forever
binding and conclusive upon the parties,
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6. EFFECTIVE DATE: The effective date of this Agreement
shall be the "date of execution" or "execution date," defined as
the date upon which it is executed by the parties if they have
each executed this Agreement on the same date, Othel-wise, the
"date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing
this Agreement.
7. DISTRIBUTION DATE: The transfer of property, funds
and/or documents provided for herein, shall only take place on
the "distribution date" which shall be defined as the date of
execution of this Agreement unless otherwise specif ied herein,
However, the support and/or alimony payments, if any, provided
for in this Agreement shall take effect as set forth in this
Agreement.
8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby
mutually remise, release, quit-claim and forever discharge the
other and the estate of such other, for all time to come, and for
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all purposes whatsoever, of and from any and all rights, title
and interest, or claims in or against the property (including
income and gain from property hereafter accruing) of the other or
against the estate o( Buch other, o( whatever nature and
wheresoever situated, which he or she now has or at any time
hereafter may have against the other, the estate of such other or
any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of
dower or curtesy, or claims in the nature of dower or curtesy or
widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take
against the spouse's will, or the right to treat a lifetime
conveyance by the other as a testamentary gift, or all other
rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of
(a) Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or (c)any country or any rights which either party
may have or at any l:lme hel-eaftel' shall have (or past, present or
(utlll:e Buppor\: or maintenance, alimony, alimony pendente lite,
. II -
counsel fees, division of property, costs or expenses, whether
arising as a result of the marital relationship or otherwise,
except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the
breach of any provisions thereof, It is the intention of HUSBAND
and WIFE to give each other by the execution of this Agreement a
full, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which
the other now owns or may hereafter acquire, except and only
except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the
breach of any provision thereof, It is further agreed that this
Agreement shall be and constitute a full and final resolution of
any and all claims which each of the parties may have against the
other for equitable division of property, alimony, counsel fees
and expenses, alimony pendente lite or any other claims pursuant
to the Pennsylvania Divorce Code or the divorce laws of any other
jurisdiction.
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9. ADVICE OF COUNSEL: The provisions of this Agreement
and its legal effect have been fully explained to the parties by
their respective counsel MARIA P. COGNETTI, Esquire, for WIFE and
CHARLES E. PETRIE, Esquire for HUSBAND, HUSBAND and WIFE
acknowledge that this Agreement is not the result of any duress
or undue influence and that it is not the result of any collusion
or improper or illegal agreement or agreements, The parties
further acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and
sources of income and that they waive any specific enumeration
thereof for the purpose of this Agreement, Each party agrees
that he or she shall not at any future time raise as a defense or
otherwise the lack of such disclosure in any legal proceeding
involving this Agreement with the exception of disclosure that
may have been fraudulently withheld,
10. WARRANTY AS TO EXISTING OBLIGATIONS I Each party
represents that they have not heretofore incurred or contracted
(or any debt or 1 i abi li t Y 01. obI igat ion (or which the estate of
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the other party may be responsible or liable except as may be
provided for in this Agreement, Each party agrees to indemnify
and hold the other party harmless for and against any and all
such debts, liabilities or obligations of every kind which may
have heretofore been incurred by them, including those for
necessities, except for the obligations arising out of this
Agreement.
11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that with the exception of
obligations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable, Each party shall indemnify and hold
harmless the other party for and against any and all debts,
charges and liabilities incurred by the other after the execution
date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement,
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12. DEBT OF THE PARTIES; HUSBAND agrees to pay and be
solely responsible for the debts owed to PSECU and Silo, HUSBAND
agl'ees to indemnify and hold WIFE harmless from any and all
liability associated with said debts. Further, HUSBAND by the
signing of this Agreement acknowledges that he has paid in full
the debts owed to Hess's and Boscov's,
13. PERSONAL PROPERTY: The parties have divided between
them, to their mutual satisfaction, the personal effects,
household furniture and furnishings, and all other articles of
personal property which have heretofore been used by them in
common, except as set forth in Exhibit "A" hereof, which shall
become the sole and exclusive property of WIFE, Neither party
will make any claim to any such items which are now in the
possession or under the control of the other, except those items
listed in Exhibit "A" hereof, Should it become necessary, the
parties each agree to sign any titles or documents necessary to
give effect to this paragraph upon request,
. 12 -
By these presents, each of the parties hereby specifically
waives, releases, renounces and forever abandons whatever claims
he or she may have with respect to any personal property which is
in the possession of the other or is to become the sole and
separate property of the other, from the date of execution
hereof.
14. DIVISION OF REAL PROPERTY: WIFE has transfered all
her right, title and interest in and to the real estate situated
at 1609 Carlisle Road, Camp Hill, Cumberland County,
Pennsylvania, to HUSBAND. HUSBAND has refinanced said property
and removed WIFE's name from all liens or mortgages associated
therewith.
15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that
they each possess certain bank accounts and the like in their
respective names, They hereby agree that each shall become sole
owner of their respective accounts and they each hereby waive any
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interest in, or claim to, any funds held by the other in such
accounts.
16. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS:
HUSBAND hereby acknowledges and agrees that WIFE shall retain, as
her separate property, free and clear from any claim, right,
title or interest on the part of the HUSBAND her Individual
Retirement Accounts. HUSBAND hereby acknowledges that he has no
further claim, right, title or interest whatsoever in the
Individual Retirement Account of WIFE, and further agree never to
assert any claim to the asset in the future.
WIFE hereby acknowledges and agrees that HUSBAND shall retain,
as his separate property, free and clear from any claim, right,
title or interest on the part of the WIFE his Individual
Retirement Accounts, WIFE hereby acknowledges that she has no
further claim, right, title or interest whatsoever in the
Individual Retirement Account of HUSBAND, and further agree never
to assert any claim to the asset in the future,
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17. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE
agrees that any monies which HUSBAND has acquired through his
interests in either pensions, profit sharing, savings and thrift
plans, annuities and/or retirement benefits through his present
or past employers shall remain his sole and exclusive property.
WIFE agrees to waive any interest she may have in such property
and further agrees that she will not assert any such claim in the
future.
HUSBAND agrees that any monies which WIFE has acquired
through her interests in either pensions, profit sharing, savings
and thrift plans, annuities and/or retirement benefits through
her present or past employer shall remain her sole and exclusive
property. HUSBAND agrees to waive any interest he may have in
such property and further agrees that he will not assert any such
claim in the future,
lB. MOTOR VEHICLES I With respect to the motor vehicles
owned by one 01' both of the pal-t ies, they agree as follows I
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(a) The proceeds WIFE received from the trade-in of the
1982 Cadillac shall be and remain her sole and exclusive
property I
The titles to the said motor vehicles shall be executed by
the parties, if appropriate for affecting transfer as herein
provided, on the date of execution of this Agreement, and said
executed title shall be delivered to the proper party on the
distribution date, Each party agrees to be solely responsible
for the amounts presently due and owing against his or her
respective automobile,
19. AFTER-ACQUIRED PROPERTY I 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.
. 16-
20. PAYMENT TO WIPE, By the signing of this Agreement
WIPE acknowledges that she has received the sum of SIXTEEN
THOUSAND FIVE HUNDRED DOLLARS ($16,500) from HUSIlI\ND in
consideration of the various transfers and other exchanges of
marital property,
21. ALIMONY I HUSBAND shall, from June 1, 1995 and for a
period of twelve (12) months thereafter, pay to WIFE the sum of
One hundred ($100.00) DOLLARS per month fOl' her separate support
and maintenance; said payment to be made on the first (1st) day
of each month,
22. ~NCOME TAX PRIOR RETURNS I The parties have
heretofore filed joint Federal and state tax returns, Both
parties agree that in the event any deficiency in Federal, state
or local income tax is proposed, or any assessment of any such
tax is made against either of them, each will indemnify and hold
harmless the other from and against any loss or liability for any
such tax deficiency or assessment and any interest, penalty and
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expense incurred in connection therewith. Such tax, interest,
penalty or expense ehall be paid solely and entirely by the
individual who is finally determined to be the cause of the
misrepresentations or failures to disclose the nature and extent
of his or her separate income on the aforesaid joint returns.
23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS I The
parties hereby agree and express their intent that any transfer
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act
pertaining to the transfers of property between spouses and
former spousee, The parties agree to sign and cause to be filed
any elections or other documents required by the Internal Revenue
Service to render the Act applicable to the transfers set forth
in this Agreement without recognition of gain on such transfer
and subject to the carry-over basis provisions of the said Act.
. I R .
24. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and
acknowledge that the foregoing provisions for their individual
benefit are satisfactory with regard to their support and
maintenance, past, present and future, The parties release and
discharge the other absolutely and forever for the rest of their
lives from all claims and demands, past, present or future, for
alimony or for any provision for support or maintenance, except
as specifically provided for herein, The parties further
acknowledge that in consideration of the transfers made herein
each completely waives and relinquishes any and all claims and/or
demands they may now have or hereafter have against the other for
alimony, alimony pendente lite, spousal support and counsel fees,
except as specifically provided for herein,
25. EFFECT OF DIVORCE DECREE: The parties agree that
except as otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a
final Decree in Divorce may be entered with respect to the
parties,
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26. aREACH: If 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 or seek such
other remedies or relief as may be available to him or her, and
the party breaching this contract shall be responsible for
payment of reasonable legal fees and costs incurred by the other
in enforcing their rights under this Agreement,
27. iiAIVER OF CLl\IHB.: Except as herein otherwise
provided, each party may dispose of his or her property in any
way, and each party hereby waives and relinquiuhes any and all
rights he or she shall now have or hereafter acquire, under the
present and future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy,
statutory allowance, widow's allowance, widower's allowance,
right to take in intestacy, right to take against the Will of the
other, and the I-ight to act as administratol- or executor oE the
other's estate, Each party wU I, at the I-equesl: of the other,
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execute, acknowledge and deliver any and all instruments which
may be necessary or advisable to carry into effect this mutual
waiver and relinquishment of all such interests, rights and
claims,
28. ENTIRE AGREEMENT: This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
29. FINANCIAL DISCLOSURE: The parties confirm that they
have relied on the completeness and substantial accuracy of the
financial disclosure of the other as an inducement to the
execution of this Agreement, The parties acknowledge that there
has been no formal discovery conducted in their pending divorce
action and that neither party has filed an Inventory and
Appraisement as required by Section 3S0S(b) of the Pennsylvania
Divorce Code, Notwithstanding the foregoing, the rights of
either party to pursue a claim for equitable distribution,
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. II ,
EXHIBIT "A"
PROPERTY TO WIFE
l. Marble Coffee 1'able
2. Playpen and Toys
3. Books
4, Wicker Floor Lamp
5, Wicker Rocker
6, All Baby Items
7, Luggage
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prcparatlon of hcr casc in thc cmploymcnt of counscl and the payment of costs,
17, Thc I'lalntil1'ls without sullicient fimds tll support herself and to mcet the costs and
expenscs oflhls Iitigutlon and Is unublc to uppropriulely mulnluln herself during the pendency of
this uction,
18, I'luintil1's income is not sullicientto provide till' her reusonublc nceds and puy her
allomcy's fecs and the costs of this litigation,
19, Dcfcndant has udequute cumings to provide lor thc I'lulntll1's support and to pay her
counsel fees, costs and cxpenses,
COUNl' III . CUSl'OIlV
20, There is onc child born to this ll1urriugc, numely, Dcrck Gibson, born July 12, 1992,
21, 1>lalntll1' desircs thc custody of the minor child und Is cupublc of giving suld child the
neccssary parcntal care and a propcr und heulthful environmcnt.
22. Thc Plaintiff avers thut shc is a tit person to mise thc minor child and thut by awarding
hcr Icgul custody,thc bcst intcrcst and pcnnuncnt wellhre of the child will thercby be promoted,
23. The purties' minor child hus rcslded utl435 lliilcrest Court, Country Wulk Apurtmcnt
103, Cump HiII,l'cnnsylvunlu, since Murch IS, 11)1)4,
24. 1>lulntifl'hus not purtlclpulcd Inuny other litlgutlon concerning the custody
proceedings in u cllurtol'this or uny other stulc,nol' docs she know ol'nny pcrsonnotn purty to
thcsc proceedings who hus hud physlcul custody 01' the child or c1ulms tll hnve custlldy or
visilntion rights.
25, The Plnintifl'requests thnt a rensonnble visilatlon schedule be set up by the Court
regarding visitntlonofthe pnrties' minor child by Delcndnnt.
COUNT IV . IN,IlJNCTlVE I{ELlEF
26, The Plaintif1' believes thntthe Defcndunt intends to remove from this jurisdiction,
dispose 01: uliennte, encumber nnd/or dissipute such maritnl nssets for the purpose of and/or with
the intent of defcnting Plnintifl's rights ns prnyed lor hercinnbol'e, nil of which would irrepnrnbly
hnrmthe Pluintif1',
27, The removnllromthis jurisdiction, disposnl of: nlienation, cncumbcring nnd/or
dissipntion of suid marilnl nssets by the Delcndnntwould bc dctrimentnlto the rights of the
PlnintilTnnd would dcfcntthe purposes of the Divorce Code, nil of which would irrepnrnbly hBno
the Plnintiff,
WIIEREFORE, PlnintilT requests this Ilonornble Court:
(A) Enter n decrec of divorce;
(Il) Equitubly dislributc ull propcrty, both personululld renl, owned by the parties;
(e) Compc1the Delcndnntto puy ulimony pendente lite to PluintilT;
(D) Grnntl'luintiff ullorney's Ices und costs;
(E) Compellhe Dclcnduntto puy ulimollY tol'luintil1;
(F) COll1pclthe Delcnduntto muintuin uncncumbered suid insurnnce contracts or
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