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HomeMy WebLinkAbout98-01014 v ~ o o..Q. ...Q . - ~ ~ , ." .- '-9 ! ' / ( ':.. ~ .... . .:'5 ... '-' >- .... (;:) ..... ,**-*~~~~**'~~***~**'~'~~'~**'~~'~*~**:'~ . ".-...-.......-...-.. ..-..-.-..............--.-........--...... ~......-.-.....-.-_..-~ -" ,-.._,.;....-~_.._"'...,.~----..-...._-_-.----------........-----_. ' ~ ~ v ~ ", ~ v ~.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF 1~~~ PENNA, , ..A,Jf;l;'-", t *- ',' .'~ ~ S ~.~ ~ w '.' ~ '.' .', ~ VICKIE L, GIBBONEY ,'. ~ ~ ~.' ,', ~ ,', ~ ~ I). ",?,~,::,~9.,1,~.. CIVIL TER~1 Plaintiff VPI';-"l:; JAMES E, GIBBONEY ~ Defendant ~ '.' ," ~ '.' w '.' DECREE IN DIVORCE .', ~ ;i! ... ~ ~.; ,', ~ ,', ~ AND NOW,.....", .1<f.:o,~:,':7'.. /'!.'.... 19,9.9..... it is ordered and decreed that.... y~~~,i,~. ~:. .~~?b?~7~.,.......,..".......... plaintiff, and.. .. ,J.~~~.s, .~: . ~.i.~~?~,e:~.. , .. , , . .. , , .. . .. . .. .. .. .. .. . .. " defendant, are divorced from the bonds of matrimony. w ~.' ~" ~ ~ ... ~ ~.' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ ~.' ~ ~. ,', ~ ~" ~ N/A .... ...... .......... ....... ..................... ... .... ..... ...... .... ,..., ~" ~ ~ r-~ ....... ,. ,................... .....,.......... .... ..... ,,~ !!- i: ~ J. ),., ~ !~ '. ("0' 8 {." ~ !' ~ :7. +' I.:: ",' ~ _~__ ____ __,___,_,,, 'd_ " . " "" ,_ ,_, " , , ,_, .. ' " ' ' , " "',' ~ ~~.~~*~**~*~~*~******~.**~*~~*** ,', i!- $ .'. ~ ~ .'. $ .:. :, .'. ~ .~ ~ ~ .~ .', ~ .'. ~ .', ~ .'. ~ ~ ~.~ ~ '.' ~ f~ ~ '.' ~ ~.~ ~ ~.' ~ ~ ". ~ ~ ~ ~.' ~ ~.' ~ ~ ~ ~.' ~ ... ~ * ~ '.' ~ * Nl# (2,;/ "'&' ~;..d/ do.4- id~ I'/~.~ 11~ /U..~ ~ Mjd~ .,r~ ,., \ j:': t \~, I, M. , ,-/\ . tJ& - JOlt! '\' { \ L , " i /' I, , I , . ~ j I' \ PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this j 8'~/' day of (/c:t;~ ,1998, at Carlisle, Cumberland County, Pennsylvania, by and between JAMES E. GIBBONEY, (hereinafter referenced as "Husband") " JR., of376 Peach Glen Road, Gardners, Cumberlapd County, Pennsylvania 17324 AND ... VICKIE L. GIBBONEY of604-K North Baltimore Avenue, Mt. Holly Springs, 1 Cumberland County, Pennsylvania 17065 (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a , " result of which they have been living separately and apart since February 20, 1998. 1.02 Intention to Live Apart. The parties intend to maintain separate and pennanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights ARTICLE II ENFORCEABILITY AND CONSIDERA nON between them. I ( \ 2.01 Equitable Distribution of Marital Property. The parties have attempted to W^YNEF.SIIADE divide their marital property in accordance with the statutory rights of the parties and in a . Attorney II Law ,J West Pomrret Street CaJlisle. pennsylvania 1701l . , .' and performcd. Any provisions herein concerning propcrty rights, alimony, and counsel " fces shall not bc modifiable. The considerations for this Agrcement arc the mutual " benefits to be obtained by both of the parties hereto and the covenants and agreements of ! ' each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by l1le parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is 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 predicated .' upon an agreement for prosecution to conclusion of the pending action for divorce. Nothing contained in this Agreement shall prevent or preclude either ofthe parties hereto , from commencing, instituting or prosecuting any action or actions for divorce, either \ . I absolute or otheIWise, upon just, legal and proper grounds; nor to prevent either party , i from defending any such action which has been, mayor shall be instituted by the other party, nor from making any just or proper 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 waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, WAVNEF.SIIADE AIlomcy..Law unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant '3 West Pomrrcl Stn:ct Carlisle, Pennsylvania 17013 -3- , . and agree that, in any evcnt, he and she are,and shall forevcr be estopped from asserting any illegality or unenforceability as to all or any part of this Agrecment. 2.04. Representation by Independent Counsel. The parties hereto arc represented by their separate, independently selected counsel, respcctively, Wayne F. .' Shade, Esquire, and Richard C. Gaffney, II, Esquire. " ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. Concurrently with execution of this Agreement, Wife shall execute the fee simple, special warranty Deed to be prepared by her counsel at her expense for the transfer of all of her right, title and interest in and to the marital real estate of the parties located at 376 Peach Glen Road, Gardners, Cumberland County, Pennsylvania. Said Deed shall be held in escrow by counsel for Wife and delivered to counsel for Husband upon payment to counsel for Wife of the sum of .' $30,000 and the release or satisfaction of Wife from all joint marital obligations of the parties. ' 3.02 Equitable Division of Personal Property. (a) The furniture, household goods and other similar untitled personal property and motor vehicles have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the WAYNE F. SllADE Attomcy II Law 53 Wcsc Pomrrel Stred Catlisl~. Pennsylvania 17013 possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of . -4- , . ARTICLE V CHILDREN 5.01 Custody and Support. All issues of custody and support shall be resolvcd .' beyond the terms of this Agrcement. ARTICLE VI ALIMONY ARTICLE VII COUNSEL FEES 6.01 Waiver. Each of the pariies waives alimony, alimony pendente Iitc and spousal support. 7.01 Waiver. Each of the parties waives counsel fees. ARTICLE VIII GENERAL PROVISIONS .' 8.01 Income Tax Consequences. The pariies have heretofore filed joint federal " and state income tax returns. 80th pariies 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 indemnity and hold hannless the other from and against any loss or liability for any such tax dcficiency or assessment and any interest, penalty and expensc incurrcd in connection therewith. Such tax, interest, penalty or expense shall be paid solely and cntire1y by the individual who is finally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any income tax WAYNEF,SIIAOE Attorney at Law . '3 West Pomrf'tt Street Cui isle. Pcnns)lvania 17013 -6- ., '1 incidcnts of any kind imposcd by virtue of ~ny transfcrs of assets or other paymcnts requircd under this Agrccment will bc the rcsponsibility of the transfcrcc. 8.02 General Release of All Claims. Each party hercto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of evcry kind that have been incurrcd relating to or arising from the marriagc .bctwecn the partics. Howcvcr, neither party is rclievcd or dischargcd from any pbligation under this Agreement or any other instrument or documcnt cxecuted pursuant to this Agrcement. .' 8.03 Subsequent Divorce. Nothing herein contained will bc deemed to prcvent either ofthe parties from maintaining a suit for absolutc divorce against the other in any jurisdiction based upon any past or futurc conduct of the other, nor to bar the other from defending any such suit. In thc event any such action is instituted or concluded, the , parties will be bound by all of the terms of this Agrecment. 8.04 Waiver of Estate Claim. Exccpt as otherwisc herein provided, in the event of the death of cither party hereto, cach party hereby waivcs, releases and rclinquishcs any and all rights that he or she may have or may hercafter acquire as thc othcr parties' spouse under the prescnt or futurc laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils ofthc other party now or hercafter enforced; (b) to sharc in thc other parties' cstatc in cases of intestacy; (c) to act as executor or administrator ofthc other parties' cstate; and W ^ YNE f. SllADE AnoOle)' II Law '3 WCS1 Pomrm SU<<t Calli,le, Pennsylvania 1701l -7- I , , \ " " .' W ^ YNE F. SIIADE Attorney ,'law '3 West Pomfrct Street Carlisle, PCMS)'IVIl\ia rr.m "' in any manner whatsoever. Each party ma;r carry on and cngage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 8.08 Agreement Voluntary and Clearly Understl!od. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor, having had the opportunity to do so, having decided not to do so; (c) Has given careful and mature thought to the making of this Agreement; , (d) Has carefully read each provision of this Agreement; and (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 8.09 Compliance. The parties will execute and deliver any documents necessary to formally conclude any oftheir obligations under the terms ofthis Agreement to each other. 8.10 Default. If either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this -9- '"' I": . " ' IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written. Signed, Scaled and Delivered in the Presence of: tV~ E.J;!:;~~ (SEAL) " .qr(0--~\)A~ / ;( (SEAL) WAYNE F. SUADE Attorney'lltw $3 West Pomrrct SlrecI Carlisle, Pcnnsylvtni. 17013 '-11- - ',. '. (") U'J 0 C'. OJ -II ;,..:" t::l :,J .n fa~' r1 ~;\ ;:1 ITIr:1 " ~':: ~/! -"~ '-\. IX' ,;") ~t:>; ~-~C) r:: r_"., -U :'!:=';j ., ;:;CI :J: ' )- "-0 ~_:.- ("J ~ ..--rn Pc.:: ~ Z :.oJ ~ =< .0 UJ -< ~ '.., ~ VICKIE L. G18nONEY, 1'1nillliIT IN TilE COUIn' 011 COMMON "LEAS 011 CIJMnEIU,ANJ) COUNTY, I'ENNSYLVANIA v. NO. 98-1014 CIVIL TEI{M JAMES E. GI8IJONEY, J)cfclIdnlll IN J)IVOI{CE PRAECIPE TO TRANSMIT RECORI) To Ihe Prolhollotnry: Please transmit the record, together with the following information, to the court for the entry of a divorce decree: Code, I, Grounds for divorce: irretrievable breakdown under Section 330I(c) of the Divorce 2, Date and manner of service of the complaint: Certified Mail Return Receipt Requested on February 25, 1998, 3, Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff September 3, 1998; by the Defendant November 18. 1998, True and correct copies of each are attached hereto, 4, No related claims remain pending, 5, Plaintiff Vicky Gibboney consents to the transmission of the record and the entry ofa divorce decree, A true and correct copy is attached hereto, Defendant James E, Gibboney executed a Waiver of Notice of Intention To Request entry ofa Divorce Decree Under ~330I(c) of the Divorce Code on November 18, 1998, A true and correct copy is attached hereto, R chard C, Gaffney, Es Attorney for Plaintiff () '" 0 r::: <:0 'II ~~~ 0 '11 "'TJrn rrl ",;:0 ~ITI " -nf ~.:.u ;:.: c: co '06 ~J";: ~~ ) r;:c.; :::; ::c:u ~o ;'~'l_l "-0 ...~~ lT1 r-~~" ~ ~ J."~c.: "" ~ ~ ~ '0 ,. " i , I , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- IDlY CIVIL TERM VICKIE L. GIBBONEY, Plaintiff JAMES E. GIBBONEY, JR., Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 counselling. A list of marriage counselors 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 8. Plaintiff requests the court to enter a decree of divorce. COUNT II COMPLAINT FOR CUSTODY 9. The averments in Paragraphs 1-8 are incorporated herein by reference. 10. Plaintiff seeks custody of the following child: Name Present Residence Aqe 13 Jennifer Gibboney 4 Half Mile Drive Gardners, PA 17324 The child was not born out of wedlock. The child is presently in the custody of the Plaintiff, Vickie L. Gibboney, who resides as set forth above. During the past five years, the child has resided with the following persons and at the following addresses: Name Address Date vickie L. Gibboney and James E. Gibboney, Jr. Vickie L, Gibboney and Judy Paxton 376 Peach Glen Road Gardners, PA 17324 1985 to 2/19/98 2/20/98 to present 4 Half Mile Drive Gardners, PA 17324 The mother of the child is Vickie L. Gibboney, who currently resides as set forth above. She is married. The father of the child is James E. Gibboney, Jr., who currently resides as set forth above. He is married. 11. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Name Relationship Judy Paxton Jennifer Gibboney Mother Daughter 12. The relationship of Defendant to the child is that of father. Defendant currently resides alone. 13. The plaintiff has not participated as a party or witness in other litigation concerning the custody of the child. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to this proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because the mother has been the primary caretaker of the child since birth. 15. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child to Plaintiff. COUNT II I REQUEST FOR EOUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. COUNT V REQUEST FOR COUNSEL FEES. COSTS AND EXPENSES UNDER SECTION 3104. SECTION 3323 AND SECTION 3702 OF THE DIVORCE CODE 23. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 24. The Plaintiff has employed Richar.d C. Gaffney, Esquire, to represent her in this matrimonial cause. 25. The Plaintiff is unable to pay the necessary counsel fees, costs and expenses and the Defendant is more than able to pay them. 26. The Plaintiff is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, the Plaintiff respectfully requests that pursuant to Section 3104, Section 3323 and Section 3702 of the Divorce Code, the Court enter an order directing the Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Respectfully submitted, By:-4r&.Q.A~~\M.A \ ichard C. Gaffn Supreme Court I.D. No. 63313 28 South Pitt Street Carlisle, PA 17013 (717) 249-2525 Attorney for Plaintiff AFFIDAVIT I hereby state that the facts set forth in this Complaint in Pivorce are true and correct to the best of my knowledge and belief. I make this statement and verification subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. /t:l; X ~/~ Vickie L. Gibb ey Date: /-ch ,,,;>.~ ./-9.9~ , (") ....., f: c.') 0 -n .,,-. ..., ..{t;J, n' Co.::- r., :J! -p0 \lJ -1/:1 t.;J .r:'.-r; nliJ] ........ ..< r" "-> "::;1;, e & r,~ './'. . ~I ..c ?;, ...~ . <.... '.}o !::'('-; '-'6 )> . "TJ -I _ ~ --:a V'\ '..::':r.. '- (:> "T I . }:~.~;! . I , 0 8 ';~C) \t'-6' ~ C E ~') i.:ifn ~o- (\ --, =:. ::::J D C' . ~J 3 I ~ \ , c:J Gv r~~ p: ~ ~ p:i- r-- '-..( 9- VICKIE L. GIBBONEY, PlalntilT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1014 CIVIL TERM JAMES E. GIBBONEY, Defendant IN DIVORCE AFFIDA VIT OF CONSENT 1. A complaint in divorce under !l330l(c) of the Divorce Code was tiled on February 23, 1998, 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filling 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 have been advised of the availability ofmaniage counseling and understand that I may request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court, 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, !l4904 relating to unsworn falsification to authorities, Date: 9-- tfJ3, :M~ ~ X' C::~ Vickie L, Gibboney / Plaintiff . . v. IN TIlE COURT 01' COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1014 CIVIL TERM VICKIE L. GIBBONEY, Plaintiff JAMES E. GIBBONEY, JR., Defendant IN IHVOIW": AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Richard C. Gaffney, being duly uwol:n according to law, deposes and says that he is the attorney [or Plaintiff in the above captioned divorce action; that on Fobruary 25, 1998, he mailed a true and correct copy of the Compla.int in Divorce, duly endorsed with a Notice to Defend, to the Defendant, by certified mail with restricted delivery, postage prepaid, return receipt requested and evidenced by return receipt card No. P269 343 260 to Defendant's last known address; that on February 28, 1998, Defendant did personally receive said Complaint in Divorce; that attached hereto, made a part hereof and marked Exhibit "A" is return receipt card No. P269343 260, with Defendant's signature affixed thereon; and that the facts set forth in the within Affidavit are true and correct to the best of his information and belief. , I f '\ic;lard C. Attorney for Sworn to and subscribed before me th\s. ,n1h d1~) 0). (\;I.n/{\ , 1998. I \, \.nU.{..L\! I. \, '- ~vA.l '- I I ----- rmlf.i1" I SiAl MICI1.'.!L 11 "II'I['! r ';'11""" IL.lia it: GellU 01 r "1r'\I~L'- rd',II,! Ii Ii ,I; .'p l!jlV MY C('W,II~~IOlI i ;\I'.:H!, (': i:: ',';:11\ . ,J 1'1'Ii1 ----,...-...,...-......." ,. " i I ~ c o J If . oComploloiMmo 1 _..2for_......... 8c:on,Ht. ttMN 3, 48. and 4b. 'PrInI)'CUNn'Ie and Iddrn. on the rtVefH olthl. bnn 10 thai WI can retum tN, _10_ -AnKh 1hI, fa"" 10 the tront of the mallplece, or on the bade If apace don noI .e:I~~etum Rec.lpt RtHlUNtfldoon the mailplec:e bek)w the .rtlde number. -The RItum Rape wi' show 10 ~ the enldl wa. delMtred and lhe dall doIlvo1od. 3. Mde Addressed 10: 5. Received By: (Print NBmB) j 1l. J E 4b. Service Type ~ o Registered J!g Certlfied ~ o Express Msll 0 Insured .Ii o Return Recelptfor Merchan<l.. 0 COO : 7. Dote of Delivery _ [ ! I slso wish to rece1v8 Ihe following services (lor an extra fee): 1. CI Addressee'o Addre.. 2. III R..t~cted Delivery Consult posbnaster for fee, 4e. Artlcle Number P269 343 260 James E. Gibboney, Jr. 376 Peach Glen Road Gardners, PA 17324 102595.97.B.oI79 Do I Exhibit "A" " (") V' (") c: c" -n ?:: ~"; fl -nul .n:!) (!) IJ I -,hi ~; .,11 t'1 :-,0 ~-, ....~ .t " l) (JJ.... ~o -"j(,- -," "11 ,.:: ,.... ;;:n -' '-~~(-., :rO i'j .sm ~c: .. ,-t :?; .. :3) .~ .- "< VICKIE L. GIDBONEY, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1014 CIVIL TERM JAMES E. GIBBONEY, Defendant IN DIVORCE AFFIDA VIT OF CONSENT I. A complaint in divorctl under 9 3301(c) of the Divorce Code was filed on February 23, ]998. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filling and service of the complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I veritY 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. 94904 relating to unsworn falsification to authorities. Date: 11- ~ 5'. q~ ~u..-[ 4,,~j~ ames E. Gibboney Defendant " ."',