HomeMy WebLinkAbout03-4108DONALD S. BOLEN, JR.,
SANDRA K. BOLEN,
Plaintiff,
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02 -
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
TO:
Sandra K. Boien
1 Tensaw Drive
Browns Mills, NJ 08015
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.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the office of the
Prothonotary at the Cumberland County Courthouse, One Courthouse Square, 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 THISPAPER TO YOUR LAWYER ATONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO ~ND OUT
WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013-3387
PHONE: (717) 249-3166
Document #: 241691.1
DONALD S. BOLEN, JR.,
SANDRAK. BOLEN,
Plaintiff,
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff, Donald S. Bolen, Jr., is an adult individual currently residing at:
PSC 97, Box 0003, APO AE 09827, Istanbul, Turkey, with a current mailing address c/o Andrew
C. Spears, Esquire, Attorney for Donald S. Bolen, Jr., Metzger, Wickersham, Knauss & Erb,
P.C., 3211 North Front Street, Harrisburg, Dauphin County, PA 17110-0300.
2. The Defendant, Sandra K. Bolen, is an adult individual currently residing at 1
Tensaw Drive, Browns Mills, NJ 08015.
3. Plaintiff has been a bona fide resident of the Commonwealth for at least six
months immediately prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 24, 1982, in Maryland.
5. Plaintiff is on active duty in the United States Air Fome and subject to the
provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its
amendments.
6. Plaintiffs Social Security number is 179-56-9637, and Defendant's Social Security
number is unknown.
7. There have been no prior actions of divorce or for annulment between the parties.
Document #: 241691. l
10.
11.
12.
Defendant.
8. Plaintiffhas 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.
9. There were two children bom o£this marriage: Preston James Bolen (DOB:
12/31/1983) and Christopher Tyler Bolen (DOB: 5/26/1988).
The marriage is irretrievably broken.
The parties have been living separate and apart since January 1, 2002.
Plaintiff requests the Court to enter a decree of divorce, divorcing Plaintiff and
WHEREFORE, Plaintiff requests that this Court enter a decree in divorce and enter such
other Orders as are appropriate and just.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Andrew C. Spears, Esquire
Attorney I.D. No. 87737
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Dated:
Document #: 241691 1
VERIFICATION
I, Donald S. Bolen, Jr., hereby certify that the facts set forth in the foregoing Complaint in
Divorce are true and correct to the best of my knowledge, information and belief, and that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unswom
falsification to authorities.
I~onald S. Bolen, ~r.~/
Document ii.. 241691.1
DONALD S. BOLEN, JR.,
Plaintiff
SANDRA K. BOLEN,
Defendant
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-4108 CIVIL TERM
ACCEPTANCE OF SERVICE
I, Richard L. Webber, Jr., Esquire, counsel for Defendant Sandra K. Bolen, hereby certify
that I am authorized to accept service of a Divorce Complaint on behalf of my client and do so
this ~/dti'
dayof ,d/ L" / ~,~-t~.~,- ,
2003.
WEIGLE & ASSOCIATES, P.C.
By:
Richard L. Webber, Jr., Esq~$re
Attorney for Defendant
126 East King Street
Shippensburg, PA 17257
717-532-7388
DONALD S. BOLEN, JR.
SANDRA K. BOLEN,
Plaintiff, :
Defendant :
1N THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
PENNSYLVANLA
CIVIL ACTION - LAW
NO. 03-4108
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ff~ day of ~,~/ , 2004, by and between
Donald S. Bolen, Jr. (hereinafter "Husband") of Cumberland County, Pennsylvania, and Sandra K.
Bolen (hereinafter "Wife") of Browns Mills, New Jersey.
WITNESSETH:
WHEREAS, the parties are Husband and Wife, married on 1~, in the State of
Maryland; and
WHEREAS, one child under the age of eighteen (18) was bom of the marriage, Christopher
Tyler Bolen (d.e_b.44-26/98); and
WHEREAS, unhappy differences and difficulties have arisen between the parties, in
consequence of which the parties intend to live separate and apart for the rest of their natural lives;
and
Document#.'245327
WHEREAS, the parties are Plaintiff and Defendant, respectively, in a divorce action filed in
the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 03-4108; and
WHEREAS, the parties desire to settle fully and finally their respective financial and
property rights and obligations as between each other, including, but not limited to, the ownership
and equitable distribution of real and personal property; past, present and future support, alimony
and/or maintenance; and any and all claims which either party has., or may have, against the other or
the other's estate; and
WHEREAS, the parties desire to provide for the support of their minor child.
NOW, THEREFORE, in consideration of the mutual pro~nises, covenants, and undertakings
hereinafter set forth and for other good and valuable considerz,tion, receipt of which the parties
acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as
follows:
1. SEPARATION
Each party shall have the right to live separate and apart from the other party, flee from the
other party's interference, authority, and control. Neither party shall interfere with the other or
attempt to interfere with the other, nor compel the parties' cohabitation.
2. HUSBAND'S AND WIFE'S DEBTS
Except as otherwise set forth in this Agreement, the parties represent and warrant to each
other that they have not incurred and will not contract or incur any debt or liability for which the
299671-1 2
other or the other's estate might be responsible. Each party shall indemnify and save harmless the
other party from any and all claims or demands made against the other by mason of debts or
obligations incurred by that party.
3. WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as provided in this Agreement, both parties absolutely and unconditionally release
and forever discharge each other and their heirs, executors, administrators, assigns, property, and
estate from any and all rights, claims, demands, or obligations arising out of or by virtue of the
marital relationship, whether such claims exist now or arise in the furore. This release shall be
effective regardless of whether such claims arise out of t3rmer or future acts, contracts,
engagements, or liabilities of the parties or by way of dower, curtesy, widow's rights, family
exemption or similar allowance, or under the intestate laws, or tire 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 of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of
Pennsylvania, any state, commonwealth, or territory of the United States, or other country.
Except for any cause of action for divorce which either party may have or claim to have, and
except for the obligations of the parties contained in this Agreement, each party gives to the other an
absolute and unconditional release and discharge from all causes of action, claims, rights, or
demands whatsoever, in law or in equity, which either party ever had or now has against the other,
299671-1 3
including, but not limited to, alimony, alimonypendente lite, spousal support, equitable distribution
of marital property, counsel fees or expenses.
4. DIVISION OF PERSONAL PROPERTY
The parties have divided all items of personal property, except as otherwise specified herein,
to their mutual satisfaction. All personal property currently in Husband's possession shall be the
sole and separate property of Husband. All personal property currently in Wife's possession shall
be the sole and separate property of Wife.
5. JOINT DEBTS
The parties acknowledge that they have no debts which were jointly incurred during their
marriage..
Any debts or obligations incurred by either party in his/her individual name, other than those
specified herein, whether incurred before or after separation, are the sole responsibility of the party
in whose name the debt or obligation was incurred.
6. RETIREMENT BENEFITS
During the marriage, Husband acquired a military retiremenffpension plan with the U.S.
Department of the Air Fome. Based upon his pay records in 2002, at the time of separation, his
retired pay would be $816.12 per month.
299671-1 4
During the manSage, Wife acquired a Thrift Savings Plan with the U.S. Department of
Defense. The value of the Thrift Savings Plan is $12,258.79. The parties have agreed that each will
be entitled to one-half of their respective retirernents. The values will be offset based upon the
percentages, and Wife will receive a monthly payment of $382.52 per month from Husband's
retired pay through a Qualified Domestic Relations Order.
7. DIVISION OF BANK ACCOUNTS
Husband and Wife acknowledge that all joint bank accounts have been closed or divided to
their mutual satisfaction prior to the execution of this Agreement.
8. AFTER-ACQUIRED PROPERTY
Each of the parties shall own and enjoy, independently of any claims or rights of the other,
all real property and all items of personal property, tangible or intangible, hereafter acquired, with
full power to dispose of the same as fully and effectively as though he or she were unmarried. Any
property so acquired shall be owned solely by that party and the other party shall have no claim to
that property.
9. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY
Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony
pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of
this Agreement shall not constitute alimony, but is made as part of the parties' equitable
distribution.
299671-1 5
10. TAX MATTERS
The parties have negotiated this Agreement with the understanding and intention to divide
their marital property. The parties have determined that such dix4sion conforms to a right and just
standard with regard to the rights of each party. The division of existing marital property is not,
except as may be otherwise expressly provided herein, intended by the parties to constitute in any
way a sale or exchange of assets. It is understood that the property transfers described in this
Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such
will not result in the recognition of any gain or loss upon the transfer by the transferor.
11. CHILD SUPPORT
Husband agrees to pay child support in the amount of $800.00 per month until such time as
the minor child reaches the age of majority and/or becomes emancipated. The parties realize that
this number is an agreed upon number and may be changed by a change of circumstance of either
party.
12. COUNSEL FEES AND EXPENSES
Except as otherwise specified herein, each party shall be: responsible for payment of his/her
own counsel fees and expenses.
299671-1 6
13. ADVICE OF COUNSEL
The parties acknowledge that each has received or has; had the oppommity to receive
independent legal advice from counsel of their selection and that they have been informed fully as
to their legal rights and obligations, including all rights available to them under the Pennsylvania
Divome Code of 1980, as amended, and other applicable laws.
Each party confirms that he/she understands fully the te~ms, conditions, and provisions of
this Agreement and believes them to be fair, just, adequate, and reasonable under the existing
circumstances. The parties further confirm that each is entering into this Agreement freely and
voluntarily and that the execution of this Agreement is not the result of any duress, undue influence,
collusion, or improper or illegal agreement.
14. AFFIDAVITS OF CONSENT
Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce
under the provisions of the Divorce Code of 1980, as amended.
15. EFFECT OF DIVORCE DECREE ON AGREEMENT
Either party may enforce this Agreement as provided :in Section 3105(a) of the Divorce
Code, as amended.
As provided in Section 3105(c), provisions of th/s Agreement regarding equitable
distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to
modification by the court.
16. DATE OF EXECUTION
The "date of execution", "date of this agreement", or "execution date" of this Agreement is
the date upon which it is signed by the parties if they sign the Agreement on the same date.
299671-1 7
Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date
on which the last party signed this Agreement.
17. HEADINGS NOT PART OF AGREEMENT
The descriptive headings preceding the paragraphs are for convenience and shall not affect
the meaning, construction, or effect of this Agreement.
18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
Each separate obligation 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 and hi all other respects this Agreement shall be
valid and continue in full force, effect, and operation.
19. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding on and shall enure to the benefit of the parties and their
respective heirs, executors, administrators, successors, and assigns.
20. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations, warranties,
covenants, or promises other than those expressly set forth in this Agreement.
299671-1 8
21. MODIFICATION OR WAIVER TO BE IN WR1TING
No modification or waiver of any term of this Agreement shall be valid unless in writing
and signed by both parties.
22. NO WAIVER OF DEFAULT
The failure of either party to insist upon strict performance of any term of this Agreement
shall in no way affect the right of such party hereatter to enfome the term.
23. VOLUNTARY EXECUTION
The parties acknowledge that this Agreement is fair and equitable, and that they have
reached this Agreement freely and voluntarily, without any duress, undue influence, collusion, or
improper or illegal agreements.
24. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania
and more specifically under the Divorce Code of 1980, as amended.
25. ATTORNEYS' FEES FOR ENFORCEMENT
If either party breaches any provision of this Agreement, the breaching party shall pay all
reasonable legal fees and costs incurred by the other in enforcing tl~is Agreement, providing that the
enforcing party is successful in establishing that a breach has occurred.
299671-1 9
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above.
WITNESS:
#Ot~ ~U~UC O~ ~ ~
~or~ald g~ Bolen, Jr.
~dra K. Bolen
299671-1
-10-
Document #: 243327
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF :
SS
On this, the day of ) 2004, before me, the undersigned officer, personally
appeared Donald S. Bolen, Jr., known to me or satisfactorily prow:n to be the person whose name is
subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF :
SS
On this, the day of ., 2004, before me, the undersigned officer,
personally appeared Sandra K. Bolen, known to me or satisfactori][y proven to be the person whose
name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
299671-1
Document #: 243327
-10-
DONALD S
Page 1 of 2
Bolen Donald TSgt 39 ABW DET 1 / LGT
From: Hosler, Susan E. [SEH@mwke.com]
Sent: Thursday, JuJy 29, 2004 10:44 PM
To: bolend @ odc-t.an kara.af.mil
Subject: 303902_1 .DOC - Print out both pages, sign and mail back. Must have original signatures to file in
Court. Thanks.
DONALD S. BOLEN, JR.
SANDRA K. BOLEN,
Plaintiff,
Defendant
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-4108
AFFIDAVIT OF C NSENT
1. A Complaint in Divorce under §§ 3301(c) and (d) of the Divorce Code was filed on
August 21, 2003 and served upon Defendant on November 24, 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 of Divorce after service of Notice of Intention
to Request Entry of the Decree.
I verify that the statements made in this Affidavit are tree and correct. I understand that any
false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unsworn
falsification to authorities.
Donald S. Bolen, Jr. /
7/30/2004
DONALD S
Page 2 of 2
DONALD S. BOLEN, JR.
SANDRA K. BOLEN,
Plaintiff, :
:
Defendant :
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-4108
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE UNDER § 3301(c) OF TIlE DIVORCE C DE
1. I consent to the entry of a final decree of 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.
3. 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 Affidavit are true 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.
Dated:
Donal~~ ~'J7~c
7/30/2004
DONALD S. BOLEN JR. ,
SANDRA K. BOLEN,
Plaintiff, :
:
:
:
Defendant :
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-4108
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §§ 3301(c) and (d) of the Divorce Code was filed
on August 21, 2003 and served upon Defendant on November 24, 2003.
2. The marriage of Plaintiff and Defendant is in'etrievably 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 of Divorce after service of Notice of
Intention to Request Entry of the Decree.
I verify that the statements made in this Affidavit are 'true and correct. I understand that
any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to
unsworn falsification to authorities.
Dated:
DONALD S. BOLEN, JR.
SANDRA K. BOLEN,
Plaintiff,
Defendant :
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
PENNSY'LVANIA
CIVIL ACTION - LAW
NO. 03-4108
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE UNDER § 3301(c) OF' THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divome is granted.
3. I understand that I will not be divomed 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 Affidavit 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.
Dated:
S~a~dra K. Bolen
301947-1
DONALD S. BOLEN, JR.
Plaintiff,
SANDRA K. BOLEN, :
Defendant :
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-4108
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following information, to the Court for entry
of a Divome Decree:
1. Ground for divorce:
Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of Complaint: A Complaint in Divorce was filed on
August 21, 2003, and served on Defendant on November 24, 2003.
3. Complete either paragraph (a) or (b):
(a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent
required by Section 330l(c) of the Divorce Code:
Plaintiff.' Executed July 30, 2004; filed August 16, 2004
Defendant: Executed September 8, 2004; filed September 15, 2004
(b)(1) Date of execution of Plaintiffs Affidavit required by Section 3301(d) of the
Divorce Code: NA
308599-I
Dated:
(2)
Date of filing and service of the Plaintiff's Affidavit upon the respondent:
Filing: NA
Service: NA
Complete the appropriate paragraphs:
(a) Related claims pending:
(b) Claims withdrawn:
(c)
(d)
Co)
None
None
Claims settled by agreement of the parties: All
State whether any written agreement is to be incorporated into the Divorce
Decree: Marital Settlement Agreement dated July 20, 2004
Date and manner of service of the Notice of/ntention to File Praecipe to
Transmit Record, a copy of which is attached, if the Decree is to be entered
under Section 3301 (d)( l )(i) of the Divorce Code:
Service: NA
Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: August 16, 2004
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: September 15, 2004
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By
Andrew C. Spears, Esquire
Attorney I.D. No. 87737
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
3085991
DONALD S. BOLEN, JR.
SANDRA K. BOLEN,
Plaintiff,
Defendant
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-4108
CERTIFICATE OF SERVICE
this e~'~
AND NOW, day of ~gt'~.~ -~ , 2004, I, Andrew C. Spears, Esquire, of
Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Donald S. Bolen, Jr., hereby
certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in
the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Sandra K. Bolen
c/o Richard L. Webber, Jr., Esquire
Weigle & Associates, P.C.
126 East King Street
Shippensburg, PA 17257-1397
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
308599-I
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
NO. 03-4108
DONALD S. BOLEN, JR.
VERSUS
SANDRA K. BOLEN
AND NOW,
DECREED THAT
DECREE iN
DIVORCE
DONALD S. BOLEN, JR.
AND SANDRA K. BOLEN
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
IT IS ORDERED AND
,PLAINTIFF,
,DEFENDANT,
2004 is incorporated but not merged here%rr; --~J
ATT
PROTHONOTARY
The Marital Settlement Agreement between the parties dated July 20,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECOi,RD~k IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTEREd; ~)'~