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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
STATE OF '*
COUNTY
PENNSYLVANIA
DAVID T. MYERS,
I
N I), 2402.c::iyil T~rm..,,, 1996
Pl~intHe
Vl'riill.'i
LISA J~. MYERS, .
~fendant
DECREE IN
DIVORCE
AND NOW, """"" a.f~ ~., ,~1-., 19. f.1'". it is ordered and
decreed that" , ,,~,-:i~ ,T: .~~r~, , . . . . . . . . . , , , , '" . " ",," , " plaintiff,
and"" , , ,P!'!l, ~.., Myep~, '''" , , ,. ,... , . ., , , , , "'" " defendant,
are divorced from the bonds ot matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this ac'ion for which a tinal order has not yet
been entered;
""""""""",." NONE,
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8
MARITAL
PROPERTY SE'I"l'I'.RIIRN'l' AGRBBllBH'l'
i)X'
made and concluded this ?
day
of
THIS AGREEMENT,
-i.LJ~u,..T-, 1997, by and between DAVID '1', MYERS, (hereinafter
referred to as "HUSBAND")
- AND -
LISA J, MYERS, (hereinafter referred to as "WIFE"),
WITNESSETH,
WHEREAS, the partios are HUSBAND and WIFE; and
WHEREAS, unfortunate and irreconcilable differences have
arisen between the parties by reasons of which continued
cohabitation as husband and wife has been rendered impossible; and
WHEREAS, the parties have made full disclosure to each othar
of their assets and liabilities, and have agreed on a settlement of
all property rights and differences existing between them; and
WHEREAS, it is the desire of the parties, after long and
careful consideration, to amicably adjust, compromise and settle
all property rights and all rights in, to or against each other's
property or estate, including property heretofore or subsequently
acquired by either party, and to settle all disputes existing
between them, including any and all claims for WIFE'S and/or
HUSBAND'S maintenance and/or for spousal support, alimony pendente
lite,
alimony, counsel fees and oxpenses, and equitable
dietr ibution 1
WHEREAS, David T. Myers is represented by David T. Kluz,
Esquire and Lisa J. Myers is represented by William Lewis Grubb,
Esquire and each party has had the opportunity to review this
Agreement in its entirety with their respective counsel; and
WHEREAS, the parties intend this Agreement to be a full and
complete Marital property Settlement Agreement, providing for the
absolute and final settlement of all their respective marital and
property rights and all claims for spousal support, alimony
pendente lite, alimony, counsel fees and expenses, and equitable
distribution of marital property.
NOW, '.1'HEREFORE, for and in consideration of the mutual
benefits to be derived by the parties and intending to be legally
bound hereby, the parties hereby covenant and agree as follows.
1. PERSONAL PROPERTY. HUSBAND warrants and represents to
WIFE, and WIFE warrants and represents to HUSBAND, that they have
effected a fair an~ equitable divioion of all maritdl property of
the parties, and that any and all marital property, except as
expressly provided herein, presently in possession of WIFE shall be
the property of WIFE, and that any and all marital property, except
as expressly provided hereJ.n, presently in possession of HUSBAND
shall be the property solely of HUSBAND.
2
WIPB shall retain the vehicle in her possession and HUSBAND
shall retain the vehicle in his possession. Each party will be
solely responsible for any debt associated with their respective
vehicles.
2. REAl. ESTA.T.II HUSBAND and WIFE own real estate located
at 1514 walnut Street, Camp Hill, Cumberland County, Pennsylvania.
WIFE agrees to transfer all of her rights, title and interest in
the real estate to HUSBAND so that HUSBAND will become the sole and
exclusive owner of the property. WIFE will execute a Quit Claim
Deed, a copy of which is attached as an exhibit to this Agreement.
HUSBAND will be exclusively responsible for the mortgage and
indemnifies and holds harmless WIFE.
HUSBAND pledges his best efforts to obtain refinancing for the
mortgage on the property and the removal of WIFE's name from the
obllgation.
3. CUSTODY. VISITATION AND SUPPORT I
A. The parties agree that WIFE shall continue to have
primary physical and legal custody of Ryan James Myers (D.O. B.
7/1/84) and Laura Elizabeth Myers (0.0.8. 5/15/91).
3
3. HUSBAND shall pay to WIFE the sum of $ 80.00
bi-weekly until the end of September 1997.
4. HUSBAND shall contribute one-half of the net
cost of a collpg8 undergraduate education for his children after
deduction from the gross cost of the education the child's
contribution, scholarships, awards, grants and similar payments.
D. Each parent shall have access to all information
with regard to child care accommodations, health of the children,
education and religion.
E. The parent obtaining custody of the children is
responsible for providing transportation.
F. HUSBAND shall have partial physical custody of the
children for two consecutive weeks in the summer beginning the
summer of 1997. HUSBAND will provide WIFE no less than 45 days
notice of his intentions.
4. ATTORNEY'S FEES. Each party shall be responsible to
pay for their own counsel fees and other costs relating to this
Divorce action.
5
5. DEBTS AND INDEMNIFICATION I HUSBAND and WIFE represent
and warrant to each other that except as provided herein, neither
one has contracted or will in the future contract any debts,
charges, or liabilities whatsoever for which the other party or
their property or their estates shall or may be or become liable or
responsible, will at all times keep each other free, harmless and
indemnified against and from any and all debts and liabilities
heretofore or hereafter contracted or incurred by the other, except
as expressly provided in this Agreement.
HUSBAND has assumed responsibility for all known marital debts
except that WIFE is solely responsible for her education loan.
HUSBAND will indemnify and hold harmless WIFE from any other
obligation.
Any debts after-discovered shall be allocated to and the
responsibility of the person who obtained the benefit for which the
debt was incurred.
6. PENSIONS. HUSBAND and WIFE agree that WIFE waives any
and all right, title and interest she may have whatsoever in any
pensions, retirement or profit shar.lng, IRA or similar plan of
HUSBAND in consideration of HUSBAND'S agreement to waive any right,
title and interest he may have whatsoever in any pension,
retirement or profit sharing, IRA or similar plan of WIFE.
6
7. MUTUAL RELEASE. Subject to the provisions of t:his
Agreement, each party has released, discharged and by this
Agreement, does for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release and
discharge the other of and from all causes of actions, claims,
rights or demands whatsoevar, in law or equity, which either of the
parties ever had, now have or can have at any time against the
other, specifically including rights or claims to spousal support,
alimony, alimony pendente lite, counsel fees and expenses, and
equitable distribution of marital property, except for any cause of
action for divorce from the bonds of matrimony and any cause of
action for breach of any provision of this Agreement.
The parties hereto expressly relinquish and waive any and all
rights that they may have now or in the future to claim and/or
obtain spousal support, alimony pendente lite, alimony, counsel
fees and expenses or equitable distribution of property.
8. ESTATE RELEASE. Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each
party hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire, under the present or future laws
of any jurisdiction, to share in the property or the estate of the
other as a result of tho marital relationship, including without
7
11. NO INTERFERENCE. Each party shall be free from
interfer$nce, authority and control, direct and indirect, by the
other as fully as if he or she were single or unmarried. Neither
shall molest the other, compel or endeavor to compel, the other to
cohabit or dwell with him or her, or to interfere with friendships,
so~iety or acquaintances which either of the parties hereto may
choose or have from this day forward.
12. DOCUMENTS. Each party shall, at the request of the
other, execute, acknowledge and deliver to the other party any
documents which may be reasonably necessary to give full force and
effect to this Agreement.
13. AGREEMENT NOT PREDICATED ON DIVORCE. I tis
specifically understood and agreed by and between the parties
hereto and each of the said parties does hereby warrant and
represent to the other, that the execution and delivery of this
Agreement is not predicated upon nor made subject to any agreement
or institution, prosecution, defense, or for the non-prosecut.ion or
non-defense of any action for divorce; provided, however, that
nothing contained in this Agreement shall prevent or preclude
either of the parties hereto from commencing, either absolute or
otherwise, upon just, legal and proper grounds; nor to prevent
9
either party from defending any such action which has been, mayor
shall be instituted by the other party, or from making any just or
propeX' defense thereto. It is warranted, covenanted and
represented by HUSBAND and WIFE, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant,
and representation is made for the specific purpose of inducing
HUSBAND and WIFE to execute the Agreement. HUSBAND and WIFE each
knowingly and understandingly hereby waives any and all possible
claims that this Agreement is, for any reason, illegal or for any
r~ason whatsoever, unenforceable in whole or in part. HUSBAND and
WIFE each do hereby warrant, covenant, and agree that, in any
possible event, he and she are and shall forever be estopped from
asserting any illegality or unenforceability as to all Or any part
of this Agreement.
14. CONSENTS TO DIVORCE TO BE EXECUTED. HUSBAND and WIFE
each agree to execute Affidavits of Consent to Divorce and
Affidavits of Waiver of Counseling contemporaneously with the
execution of this Agreement. It is the intention of both parties
to promptly seek and obtain a Decree in Divorce after the execution
of this Agreement.
10
15. ABSOLUTE AND FINAL SETTLEMENT. The provisions of this
Agreement are intended to consider, determine and distribute all of
the assets of the parties hereto as part of the terms of this
Marital Property Settlement Agreement. This Agreement is intended
by the parties hereto to be a valid Marital Property Settlement
Agreement, providing for the absolute and final settlement of their
respective property rights and all obligations or spousal support.
This agreement is not intended to be a mere separation agreement.
This Agreement contains the entire understanding of the parties and
there are no representations, warranties, covenants or promises
other than those expressly set forth in this Agreement.
16. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each
party acknowledges that this Agreement has been entered into of his
or her own volition, with full knowledge of the facts and full
information as to the legal rights, liabilities and the assets of
the other, and that eAch believes this Agreement to be reasonable
under the circumstances and not the result of any duress or undue
influence.
11
17. MODIFICATION AND WAIVER. A modification or waiver of
any of the provisions of this agreement shall be effective only if
made in writing and executed w.ith the same formality as this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or
similar nature.
18. SITUS.
in the accordance
Pennsylvania.
This Agreement shall be construed and governed
with the laws of the Commonwealth of
19. INDEPENDENT SEPARATE COVENANTS. It is specifically
understood and agreed by and betwoen the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision
shall be stricken from this Agreement ann in all other respects
this Agreement shall be valid and continue in full force effect and
operation.
12
20. ENTRY AS PART OF DECREE. It is the intention of the
parties that this Agreement shall survive any action for 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 financial terms of this
Agreement. This Agreement shall be embodied in and made part of
any such judgment or decree of final divorce.
21. BREACH. 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 all
attorney's fees, legal costs and expenses incurred by the other in
enforcing their rights under this Agreement.
22. BUlDING EFF~. Each of the parties hereto intends to
be legally bound hereby, and this Agreement shall be binding upon
their heirs, personal representatives and assigns of the respective
parties hereto.
13
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I~ WITNESS WHEREOF, the partiQs have hereunto set their hands
and seals the day and year first above written, each adopting the
seal following his or her signature as his or her own.
I
, ,
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David T. Myers
Witness
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,14
DAVID T. MYERS, . IN THE COURT OF COMMON PLEAS OF
Plaint!.ff . CUMBERLAND COUNTY, PENNSYLVANIA
.
v. . NO. 96-2402 CIVIL TERM
.
LISA J. MYERS, .
Defendant . IN LAW - DIVORCE
PRABCIPB TO TRANSMIT RECORD
TO THE PROTHONOTARY.
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 330l(c) of the Divorce Code.
2. Date and manner of service of the Complaint. Mav 2.
1996. bv certified mail (verification attached)
3. Date of execution of the Affidavit of Consent required by
Section 330l(c) of the Divorce Code. by Plaintiff on AUGust 20.
1997 ; by Defendant on AUGust 20. 1997 .
4.
Related claims pending.
None
Date. 2( ~~ '1'1
/
David T. Kluz
Attorney for Plaintif
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DAVID T. MYERS, . IN THE COURT OP COMMON PLEAS OF
Plaintiff . CUMBBRLAND COUNTY, PENNSYLVANIA
I ('~4'LJ.. .7-/ t ,1."--
v. . NO. 91- J 'I UJ
.
LISA J. MYERS, .
Defendant . IN LAW - DIVORCB
COMPLAINT UNDBR SBCTION 3301(c)
OP THB DIVORCE CODB
1. Plaintiff is David T. Myers, who currently resides at
1530 Tussey Court, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Lisa J. Myers, who currently resides at 1514
Walnut Street, Camp Hill, Cumberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. Plaintiff and Defendant were married on March 26, 1988,
in Camp Hill, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken.
7. 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.
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DAVID T. MYBRS, I IN THE COURT OF COMMON PLBAS OP
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
v. I NO. 96-2402 CIVIL TERM
I
LISA J. MYE!tS, I
Defendant I IN LAW - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 5 330l(c) of the Divorce
Code was filed on May 2, 1996.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a Final Decree of Divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
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. 5 4904, relating to unsworn
falsification to authorities.
Date I - () tll/7
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David T. Myers
Plaintiff
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DAVID T. MYERS, I IN THB COURT OF COMMON PLBAS OF
Plaintiff . CUMBBRLAND COUNTY, PENNSYLVANIA
I
v. . NO. 96-2402 CIVIL TERM
I
LISA J. MYERS, I
Defendant I IN LAW - DIVORCE
WAIVER AFFIDAVIT
I, DAVID T. IIYBRS, hereby acknowledge that I have been served
the Complaint in Divorce, that I have been advised of the
availability of marital counseling, that I have specific knowledge
of the filing of a praecipe to Transmit Record, and that I
understand that a Final Decree in Divorce should be issued in the
near future. I hereby waive any other notice required by 6tatute
or practice and agree to the immediate entry of a Final Decree in
Divorce.
I verify that the statements made in the foregoing Affidavit
are true and correct to the best of my knowledge. I understand
that false statements herein are made subject to the penalties of
18 Pa, C.S. 5 4904, relating to unsworn falsification to
authorities.
Date.
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David T. Myers
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DAVID T. MYBRS, . IN THB COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 96-2402 CIVIL TERM
I
LISA J. MYERS, .
Defendant I IN LAW - DIVORCE
AFPIDAVIT OP CONSBNT
1. A Complaint in Divorce under S 3301(c) of the Divorce
Code was filed on May 2, 1996.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a Final Decree of Divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
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. S 4904, relating to unsworn
falsification to authorities.
4A-~.'nt=7{k~
Li a J yers ,
Defendant
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DAVID T. HYERS, . IN THE COURT OP COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
v. . NO. 96-2402 CIVIL TERM
.
LISA J. HYERS, I
Defendant . IN LAW - DIVORCE
WAIVER APPIDAVI.7
I, LISA J. KYBRS, hereby acknowledge that I have been served
the Complaint in Divorce, that I have been advised of the
availability of marital counseling, that I have specific knowledge
of the filing of a Praecipe to Transmit Record, and that I
understand that a Final Decree in Divorce should be issued in the
near future. I hereby waive any other notice required by statute
or practice and agree to the immediate entry of a Final Decree in
Divorce.
I verify that the statements made in the foregoing Affidavit
are true and correct to the best of my knowledge. I understand
that false statements herein are made subject to the penalties of
18 Pa. C.S. S 4904, relating to unsworn falsification to
authorities.
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Lila J. ers
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DAVID T. MYBRS, I IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
v. . NO. 96-2402 CIVIL TERM
.
LISA J. MYERS, I
Defendant I IN LAW - DIVORCE
VlRIFICATION OP SERVICB
I, Williaa Levis Grubb, Bsquire, hereby acknowledge that I
received a Notice of Intention to File Praecipe to Transmit Record
on behalf of my client, Lisa J. Myers in the above captioned
divorce.
I verify that the statements made in the foregoing document
are true and correct to the best of my knowledge. I understand
that false statements herein are made subject to the penalties of
18 Pa. C.S. S 4904, relating to unsworn falsification to
authorities.
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W iam Lewis Grubb
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