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HomeMy WebLinkAbout03-1166SUSAN MARIE McCARTNEY, Plaintiff VS. JAMES CALVIN McCARTNEY, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003- CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTE 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 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 counseling. 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 1-800-990-9108 SUSAN MARIE McCARTNEY, Plaintiff VS. JAMES CALVIN McCARTNEY, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003- I/~,~, ~to~6~'/'-"~.l~ CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE The Plaintiff is Susan Marie McCartney, an adult individual whose current address is 20 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025, and whose social security number is 169-44-3953. o The Defendant, James Calvin McCartney, III, is an adult individual, whose current address is 20 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025, and whose social security number is 191-42-9766. o Plaintiff and Defendant were married on April 14, 1973, in Enola, Cumberland County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. o Defendant is not a member of the Armed Services of the United States or its allies. o Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. o Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are two children born of the marriage; however, they are not minors. 10. Plaintiff avers that the grounds on which (a) That the marriage is irretrievably broken. this action is based are: WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Date: March 13, 2003 Respectfully submitted, Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Susan M. McCartney - Date: March 13, 2003 SUSAN MARIE McCARTNEY, Plaintiff VS. JAMES CALVIN McCARTNEY, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND ,COUNTY, PENNSYLVANIA No. 2003 - 01166 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this ~_~day of July 2003, upon presentation and consideration of the within Agreement, it is hereby ORDERED that the Agreement attached hereto, is incorporated herein and made an Order of this Court, said Agreement is dated July 15, 2003. BY THE COURT: Distribution: Carl G. Wass, Esquire, 3631 North Front Street, Harrisburg, PA Diane M. Dils, Esquire, 1017 North Front Street, Harrisburg, PA Jo 17102.~ m~ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, is made this \ ~o~.~ day of July 2003, by and between: SUSAN MARIE McCARTNEY, hereinafter referred to as Wife; JAMES CALVIN McCARTNEY, III, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 14, 1973, in Enola, Pennsylvania; and WHEREAS, there are two children bom of the marriage; however, they are not minors. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the 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 settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, husband and wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or 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 Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to Initial/~2D 2 Init~ cohabit 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. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or furl:her 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 being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is :specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it ils executed by the parties if they have each executed the Agreement on the same {late. Otherwise, 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. Initial~;7~ 3. MUTUAL RELEASES Husband and wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such 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, of 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 testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation 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 provision thereof. It is the intention of husband and wife to give to 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 Initial~.,~-'/~ obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. 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 the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and wife acknowledge and understand the terms and conditions of this Agreement, and wife is represented by Diane M. Dils, Esquire, and husband is represented by Carl G. Wass, Esquire. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, unde:r the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of e~[ther party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divome Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to wife that since March 2003, he has not, and in the future he will not contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnify and save wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Initial ~s~O~ 6 I~ Wife represents and warrants to husband that since March 2003, she has not, and in the future she will not contract or incur any debt or liability for which husband or his estate might be responsible and shall indemnify and save husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. REAL ESTATE Husband and wife hereby acknowledge that they are the joint owners of real estate located at 20 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025. Husband and wife hereby acknowledge that wife shall retain said premises and husband waives all of his right, title, and interest in said real estate to wife. Simultaneously with the signing of this Agreement, husband shall execute a Deed placing said real estate into the name of wife alone. However, said Deed shall be held by wife's attorney until such time as wife accomplishes refinancing. Wife hereby acknowledges that she shall be solely responsible for payment of the first mortgage and the home equity loan and hereby agrees to refinance said debt into her name alone and wife hereby agrees to pay to husband the sum of $20,000.00 representing his equitable distribution share of the equity in said real estate. Until such time as wife refinances, wife hereby acknowledges that she is solely responsible for the payment of the first mortgage and the home equity loan, as well as any and all other debts and obligations in connection with said real estate. However, the parties hereby acknowledge that husband, at the signing of this Agreement, resides in said real estate with wife and until such time as husband Initial/s~ 7 In~ receives the payment in the amount of $20,000.00, he shall continue to contribute to the expenses in the household. Husband hereby agrees and acknowledges that he shall vacate the home within thirty (30) days after payment of the $20,000.00 to him. 9. PERSONAL PROPERTY Except as set forth hereto, husband and wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither party will make any claims to the property possessed by the other, except as set forth hereto: None. Husband and wife hereby acknowledge that they are able to amicably distribute the personal property and household fi~tnishings mutually between themselves at the time in which husband vacates the marital home, said time as set forth above. Husband shall retain ownership of his 1997 Jeep automobile and wife shall retain ownership of her 2002 BMW automobile. The parties hereby acknowledge that said vehicles are in their respective names alone. 10. PENSION Husband and wife hereby acknowledge and confirm the existence of the following assets: Husband is an employee of the Railroad Retirement System and is entitled to Tier I and Tier II benefits. Husband's marital portion of Tier II benefits under the Railroad Retirement System equals $53,651.16. It is acknowledged that husband's Tier I benefits under the Railroad Employees Retirement System are not subject to equitable distribution, but that wife is entitled to Tier II benefits as a result of the parties' marriage. In addition, husband is the owner of an IRA with an approximate balance of $2,400.00. Husband also has a 401(k) with an approximate value of $46,397.00. Wife has a 401(k) with an approximate value of $35,957.00 and is also the owner of an IRA with a balance of $9,900.00. Husband and wife hereby waive all of their right, title, and interest in each other's pension/retirement benefits, 401 (k)'s and IRA's. 11. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite.,, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 12. MUTUAL RELEASE OF CLAIMS Except as otherwise stated in this Agreement, husband and wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title Initial~s~ 9 Init~ia[~, , and interests, or claims in or against the property (including income and gain from the property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have; specifically including any rights which either party may have or at any time hereafter have for past, present, or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, costs or expenses, whether arising as a result of the marital relation or otherwise. It is the intention of the husband and wife to give to 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. 13. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same fom~ality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future Initia~ I0 Ini~4~/ instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 15. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heir,,;, executors, administrators, successors, and assigns in the interest of the parties. 16. BREACH If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 17. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 11 Init~c~'f 19. DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness Witness / jFj C ES CALVIN M~tARTNEY, III SUSAN MARIE McCARTNEYc/ Initial~ 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the /b-4d~ day of July 2003, before me, a Notary Public, the undersigned officer, personally appeared JAMES CALVIN McCARTNEY, III, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set tny hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the ~79/ )Cday of July 2003, N~ary Public NOTARIAL SEAL NANCY L- BRESKI, Notary Public Susquehanna Township, Dauphin County LMy Corem ssion Expires March 16, 2004 before me, a Notary Public, the undersigned officer, personally appeared SUSAN MARIE McCARTNEY, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. iN W~TNESS WHEREOF, I have hereunto set my hand and official seal. M[y commission Notary Public' SUSAN MARIE McCARTNEY, Plaintiff VS. JAMES CALVIN McCARTNEY, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - 011661 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Diane M. Dils, Esquire, who being duly sworn deposes and says that a tree and correct copy of the Complaint in Divorce under Section 3301(c) of the Divorce Code has been served upon the Defendant, James Calvin McCartney, III, 20 Sherwood Circle, Enola, Pennsylvania 17025, by First Class, United States Mail, Certified No. 7002 1000 0005 1876 9431. Attached hereto is the remm receipt card executed by James C. McCartney, III, dated March 21, 2003, evidencing receipt of the sa:me. Swom and subscribed to b~,Fn ,,,re me this ~ ~,rz day ~~ ,~003. Notary Public Diane~. Dill, Esquire · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. Article Number (~rans~r from service label) Ps F~o~ 38i 1, AuguSt 200'~  Certified Mail r-I Express Mail Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (E~ra Fee) Ryes SUSAN MARIE McCARTNEY, Plaintiff VS. JAMES CALVIN McCARTNEY, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - 01166 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 14, 2003. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301{c) OF TH}; DIVORCE CODE I consent to the entry of a final Decree in Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: Susan Marie McCartney, Plaintiff SUSAN MARIE McCARTNEY, Plaintiff VS. JAMES CALVIN McCARTNEY, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - 01166 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 14, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final Decree in Divorce without notice. 2. 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 understand that I will not be divorced until a Divorce ]Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: '"////~ ~/t-'~ ~es Calvin McCartney, III, Defenda~J SUSAN MARIE McCARTNEY, Plaintiff VS. JAMES CALVIN McCARTNEY, III, Defendant IN THE COURT ,OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-01166 CIVIL ACTION - LAW 1N DIVORCE PRAECIPE 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: Irretrievably broken under Section (X) 3301(c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Divorce: By certified mail on March 21, 2003. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, July 24, 2003; by Defendant, July 21, 2003. (b) Date of execution of Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: N/A; Date of service of Plaintiff's affidavit upon Defendant: N/A. 4. Date of service of Notice of Intent to Finalize under Section 3301 (d) of the Divorce Code: N/A; 5. Date of filing of Waiver of Notice of Inllent to Finalize by Plaintiff: Simultaneously herewith; by Defendant: Simultaneously herewith. 6. Related Claims Pending: None / Diane M./15ils,~E~q~-i~e 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 Attorney for (x) Plaintiff ( ) Defendant Dated: July 24, 2003 IN THE COURT Of COMMON PLEAS SUSAN MARIE McCARTNEY, Plaintiff OF CUMBERLAND COUNTY STATE Of PENNA. III Defendant NO. 2003-01166 civil Term DECREE IN DIVORCE AND NOW,_~ DECREED THAT flTTflA'~ MA]~T~ McCART~,y , PLA] NTIFF, AND JAMES CALVIN McCARTNEY. III , DEFENDANT, ARE DIVORCED FROM tHE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOL. LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; BY TH C U T' I '"' J OTHON Zj