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HomeMy WebLinkAbout95-03017 ~ ~ J t- - A , Lf); CT . Z I ! I I I \ , . -7 i i \ '" '\ i 3'oJ)<)~ '), -.., (.1 .1 ..:J r ';.';{, "~,,I (~7 ~N'~'..d'/ 7l ,~ ~Hi-'C'" '7 Il-i:. /;.(",~d/;{, <Z-dJ- 7/.~~ . .. . . . \ 7~()"'(16. 7~mll(lI /jl]{ajl'r .'.i'lI/Ilrm'v. ill J ~w' lOI NORTH 'RONt 6TAUT P 0 10J( eaa HAf"tI5BunG, ..... mOl .. BARRIE P. ALEMAN, IN TilE COUIlT OF COMMON PLEAS CUMBERLAND COUNTY, I'ENNSYLVANIA Plaintiff, CIVIL ACTION - LAW IN DIVOIlCE v. NO. 95-)017 CIVIL TEIlM TOMAS ALEMAN, Defendant. ~ : OIlDEH AND NOW, this day of 1996, upon consideration of the attached y stipulation reached between the parties and their counsel it is horeby OIlDEIlED as follows: 1. Legal and primary Aleman (born June (born February 18, December 27, 1990) Aleman. phys ica I custody of Tomas Matthew 29, 1985), Alexander Francls Aleman 1988) and Maxwell James Aleman (born shall be with Plaintiff, Barrie P. 2. Defendant, Tomas Aleman shall enjoy partial custody every Wednesday between 5:30 p.m. and 8:30 p.m., except when the defendant-father's work schedule precludes him from enjoying such partial custody, and further provided, that should any of the children be involved in an extracurricular activity which docs not conclude until after 8:30 p.m. the defendant-father shall return the children to Plaintiff, Barrie P. Aleman's residence immediately following the conclusion of the said extracurricular activity. 3. Defendant, Tomas Aleman shall also enjoy partial custody every other weekend from 5:)0 p.m. on Friday until 6:00 p.m. on sunday except when the defendant-father's work schedule precludes him from enjoying such partial custody. Beginning in 1996, the parties shall enjoy custody of the children during the holidays as follows: Plaintiff, llarrle p, Aleman shall have custody of the children during New Year's Day, Memorial Day, and Labor Day. The dofendant-father shall cnjoy partial custody of the children durinq Easter sunday, Fourth of July and Thanksgiving Day. The parties shall alternate the holidays sot forth auove each year thereafter. During the said hol idays in which the defendant-father has . partial custody of the children the periods of partial custody shall be from 9:00 a.m, until 11:00 p.m. except when the day following the holiday is a school day in which event the childron shall be returned to the plaintiff-mothor's rosldenco by 8:l0 p.m. 4. Defendant, Tomas Aloman shall onjoy partial custody of the children during Christmas Evo and during Father's Day of each year from 9:00 a,m. until 11:00 p.m. and PIa intif f, Barr ie p, Aleman sha 11 have custody of the chi ldren on Chr iLtmas Day and on Mother's Day of each year. 5. In all instances where the holiday schedules come into play, the holiday shall supersede and take precedence over the regular weekend schedule. It is further agreed that should either party relocate a distance of more than fifteen (15) miles from Mechanicsburg, Pennsylvania then the parties shall equally share the transportation duties between them notwithstanding the provisions of Paragraph 7 of this Order. 6. Defendant, Tomae Aleman shall enjoy two (2) non- consecutive, seven (7) day weeks of summer vacation with the children. The dofendant-father shall give Plaintiff, Barrie P. Aleman written notice of his choice of the said two weeks no later than Apr il 30th of each year. One week of vacation sha 11 correspond with the defendant- father's regular scheduled weekend of partial custody as set forth in this Order. The second week of vacation may be any other week chosen by the defendant father in accordance with this Order provided the said weekend does not conflict with a scheduled holiday to which plaintiff- mother is entitled pursuant to this Order, 7. Defendant, Tomas Aleman shall pick up the children from Plaintiff, Barrie P. Aleman's residence at the commencement of his periods of partial custody and shall return the children to plaintiff-mother's residence at the conclusion of his periods of partial custody unless the parties both agree to other transportation arrangements, In the latter Cilse, if either party breaches the agreement made regarding transportation of the children that party shall be responsible for the children's transportation on that date. J . UARR IE P. ALEMAN, IN TilE COURT OF COMMON PLEAS CUMIIERI~ND COUNTY, PENNSYLVANIA CIVIl. ACTION - LAW IN DIVOHCE Plaintiff, v. TOMAS ALEMAN, NO. ') 5 - J 0 J7 C I V I L TEI{M Defendant, QY~TQ~~~rIPULATIQN Barrie P. Aleman, Plaintiff-Mother and Tomas Aleman, Defendant-Husband hereby stipulate as follows: 1. There is pending between the parties a divorce action in the Cumberland County Court of Common Pleas which is docketed at number 95-3017 civil Term. 2. The following children were born to the parties: Tomas Matthew Aleman (born June 29, 1985), Alexander Francis Aleman (born February 18, 1988) and Maxwell ,James Aleman (born December 27, 1990) . 3. The parties have reached an amicable resolution of the issues attendant to the dissolution of their marriage, including the custody of their children, which terms are embodil!d in a Marital Settlement Agreement dated March I), 1996. 4. Paragraph 24 at the flaid agreement, in which the plaintiff is referred to as Wife and the defendant is referred to as lIusband, provldoB for the custody of the cll ildren as follows: A. The partiuB 'l(Jroe that I"ga I and pr-Jmary physical custody of Tomas Miltthew Alemolll (born ,June 29, 1985), Alexander Francis Aleman (born F,,'bnlill'y IB, I'JIIH) and Maxwell James Aleman (bon1 Ilocl'mbl'" 2'1, I'J')I)) nllill I be with Wlte. 11. lIusbBnd shall enjoy part! al custody every Wednesday between 5:30 p.m. and 8:30 p.m" except when lIusband's work schedule precludes him from enjoying such partial custody, and lurther providod, that should any of the children be involved in an extracurricular activity which does not conclude until alter H:30 p,m. the lIusband shall return the children to WHe'll reBidence immediately following the conclusion 01 the said extracurricular activity, C. Husband shall also cnjoy partial custody every other weekend from 5:30 p,m. on Friday until 6:00 p.m. on sunday except when lIusband' s work schedule precludes him from enjoying such partial custody. Beginning in 1996, the parties shall enjoy custody of the children during the holidays as follows: Wile shall have custody of the children during New Year's Day, Memorial Day, and Labor Day. Husband shall enjoy partial custody of the children during Easter Sunday, Fourth of July and Thanksgiving Day. The parties shall alternate the holidays set forth above each year thereafter. During the said holidays in which lIusband has partial custody of the children the periods of partial custody shall be from 9:00 a.m. until 11:00 p.m. except when the day following the holiday is a school day in which evont the children shall be returned to Wife's residence by 8:30 p.m. D. lIusband sha II enjoy part ia 1 custody of the children during Christmas Eve and during father's Day of each year from 9:00 a.m. until 11:00 p,m. and Wife shall have custody of the children on christmas Day and on Mother's Day of each year. E. In all instances where the holiday schedules come into play, the holiday sha 11 supersede and take precedence over the regular weekend schedule. It is further agreed by and between the parties that the parties may modify the provisions of Paragraph 24 B through Paragraph 24 F to accommodate their schedules and the schedules of their children provided that both Husband and Wife agree to the said modification. It is further agreed that should either party relocate a distance of more than fifteen (15) miles from Mechaniesburg, Pennsylvania then the parties agree to equally share the transportation duties between them notwithstanding the current transportation provision of I'aragraph 24 G. F. lIusband shall enjoy two (2) non-consecutive, seven (7) day weeks of Bummer v,le,lt i on ~Ji tit the eh i Idren. lIusband 2 ~ ehall given \-Ilfo writtonnotko of hiu cholco of the said two weeks no later than Apr II 30th of oach yoar. Ono week of vacation shall cOl'rel1pond with llul1uand'o regular scheduled woekend of p,lrtial cUl1tody .10 set forth in Paragraph 24 C above. The l1econd woek of vacation may be any other wook choscn by Ihwband in accordanco with this paragraph provided tho said weekend does not conflict with a scheduled holiday to Which Wife is entitled pursuant to Paragraph 2.1 C and I'aragraph 24 D of this Agreement. G. Husband shall pick up the children from Wife's residence at the commencement of his periods of partial custody and shall return the children to Wife's residence at the conclusion of his periods of partial custody unless the parties both agree to other transportation arrangements. In the latter case, if either party breaches the agreement made regarding transportation of the children that party shall be responsible for the children's transportat ion on that date. The part i es understand that the terms of this custody schedule may be modified by an order of a court of competent jurisdiction by application of either of the parties demonstrating a substantial change in circumstances. 5. The parties believe and represent to this Honorable Court that the above stated custody stipulation is in the bost interests of the children. 6. It is the intention of the parties that an order be entered in accordance with this stipulation sot forth above. WHEREFORE, the parties respectfully request that this Honorable Court enter an Order in accordanco with this stipulation. ,'--."-'.--. c ~ ~) f, cc=':~. RicharJ C. Senoca, Counsel for Barrio . ,.--=-.------ Esq. 1', Aleman __~}jJ.1MtUh/__'_ Barrie 1', Aleman Ja~ Coli ------ / ~ 'A 1 emiiri . 3 -- ...",--- ." ___.____~n....m. _ ...- .--..... -~--_..-. --.. -.- r . r~ ...., ". '/ .. , . 7~(ml(lII. 7~fJ111f18 fjJ ,%,;",. 'IV/I",o,",'I' ,,/ J ~lfto 101 NOAlH FRONT StAHT ,. 0 80,11, .In IU,R"ISBUAG ".. mOB ... Agreement entered I nto by and betwccn the part Ics on March 13, 1996. Respectfully submitted, TIIOMAS, TIIOMAS & IIAFER By: _._~> J \ . J ~, 'LCe c :i...., L~"-- Richard C. Seneca, Esquire Suprcmc Court ID #49807 P.O. Box 999 305 North Front Street lIarrisburg, PA 17108 (717) 255-7629 Attorneys for Plaintiff 2 ~]~O"'fl8. 'J~Om('8 oj X'/f'r .77/1IJrtlf''I' ,,1 J~"" 306 NORTH fRONT STREU p 0, BOX vve HARRISBURG, PA 17108 - ([;) I ' .'J /7s~ sz) ~d' aIf: ,3: OO/?'/. J,.-J d{J (7 () jxf, cd} 1/ e(Je.~ ;;l/() .50 " " L:lr-II 1,-:] />? I!:bf ;) t, /91 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. 8. The marriage of the parties is irretrievably broken. WHEREFORE, plaintiff respectfully requeets the Court to enter a decree of divorce pursuant to ~3301(c) of the Divorce Code. COUNT II EOUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth at length. 10. Plaintiff and defendant have acquired certain property and assets which constitute marital property. 11. This Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. 12. Plaintiff and defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably divide all marital property. COUNT II I CUSTODY 13 . Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as though set forth in full, 14. There were three children born of this marriage being 2 named: a, Tomas Matthew Aleman, born on June 29. 1985, at Harrisburg, Dauphin County, Pennsylvania and b, Alexander Francis Aleman, born on February 18, 1988, at Harrisburg, Dauphin County, Pennsylvania. c. Maxwell James Aleman, born on December 27, 1990, at Harrisburg, Dauphin County, Pennsylvania. 15. The children are presently in the custody of the plaintiff and have resided with the plaintiff at 16 White oak Boulevard, Mechanicsburg, Cumberland County, Pennsylvania at all times during the marriage and since the separation of the parties, 16. No court has made a determination relative to the custody of the children. 17. The best interest and permanent welfare of the children will be served by the entry of a decree awarding custody to the plaintiff-mother, WHEREFORE, the plaintiff respectfully requests that this Court enter a decree awarding permanent custody of the minor children to her. COUNT IV ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES 18. Paragraphs 1 through 17 of this Complaint are incorporated herein by reference as though set forth in full. 19. The plaintiff has a limited earning capacity and lacks the economic resources to support herself and the minor children of 3 the parties and to pay counDel fees, expert feeD and expellDeD In order to properly litigate this action. 20. The plaintiff has secured counsel to \'ep\'esent her in prosecuting this divorce action. 21. The plaintiff is unable to pay her coullDel fees, costs and expenDes and the defendant is able to pay them. WHEREFORE, the plaintiff respectfully requests the Court to enter an order requiring the defendant to pay her alimony pendente lite, reasonable counsel fees, expert feeD cODtD and expenses. COUNT V ALIMONY 22. Paragraphs 1 through 21 of this Complaint are incorporated herein by reference aD though set forth in full. 23, The plaintiff lacks the earning capacity to fully support herself through appropriate employment, 24. The plaintiff's Dole and separate property, including that marital property subject to distribution, is Insufficiellt to provide for her reasonable needs. 25. The defendant is financially able to provide for the 4 - 7~om(lII. 'J~Omfl8 & .7fa/f'r .'7(1/0,.,''''1' ,,/ J~III' 306 NOATH '~ONl 5TRtU P D. BOx ggg HARRISBURG, PA 11108 JUN 9 2 50 PH '95 Of "L rU4 :, !cr ',il)', I,H,y '..' f' 'lIT ','.!, . f",,-, . CERTIFICATE OF SERVICE 1, Richard C. Senecd, Esquire, Attorney for Plaintiff, Barrie P. Aleman do hereby certify that the attached Affidavit of Service was served upon the following on the 9th day of June, 1995 by depositing the same in the U.S. Mail, First Class, postage prepaid at lIarrisburg, PennDylvania: Mr. Tomas Aleman 4233 Plymouth Street Harrisburg, PA 17109 THOMAS, THOMAS & HAFER ~ ~ 2~~ By: "J -. Richar C. Sene a, Esqu re I.D. l/49807 - 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (7l7) 255-7629 r ' , ,'" r',~ r ..;: .., I I , . I. ,J ?: rl.I , .1 I I. .' I." oj, ., \ 'J~Om('8. 7~{m1fl8 {jJ,'lf4f'r .'ill/tIMIH/'''' JJ",I' 101 NORTH FRONT STAtU POBOx W81iJ HARRISBuRG, p~ l7IOB J BARRIE P. ALEMAN, Plaintiff, IN 'I'IIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE v, NO. 95-3017 CIVIL TERM TOMAS ALEMAN, Defendant. AFFIDAVIT OF CONSENT 1, A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 2, 1995. 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 in divorce. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5, 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. I further understand that the court maintains a list of marriage counsellors in the Prothonotary's Office, which list is available to me upon request, Being 60 advised, ) do not request that the court require that my spouse and I participate in counseling prior to a divorce 1 . .", 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, 54904 relating to unsworn falsification to authorities. Date: ~ ~ AuAJ.l, tlUv>>1 Q tV . , BARRIE p, ALEMAN 2 _.- ---=-- , i . ~ r- ~ ;'; . r~ . 1, , I,: 1'111 ,,' . I " 1_\ 7~(mIfl8. ~J~(m/(18 {;'.'Ha/,.,. t 7{/I""IU'I' "I J ~HI' 106 NORTH fRONT 6TRUT p 0 80'" gig HARRISBURG. PA 1110B .. BARRIE p, ALEMAN, IN TilE COUR1' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVOHCE plaintiff, v. NO, 95-3017 CIVIL 'rERM TOMAS ALEMAN, Defendant. AFFIDAVIT OF CONSEMT 1. A complaint in divorce under Section 3J01(C) of the Divorce Code was filed on June 2, 1995. 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 in divorce, 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost, 5. I have been advised of the availability of marriage counse ling, and understand that I may request that the Court require that my Dpouse and I participate in counseling, I further understand that the Court maintains a list of marriage counsellors in the Prothonotary's Office, which list Is available to me upon request, Being so advised, 1 do not requeat that the Court require that my spouDe and I participate In counseling prior to a divorce 1 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, 54904 relating to unsworn falsification to authorities. Date: .3/ , '3 J q-~ ~@ TOMAS ALEMAN 2 r' ie: '~;'i;-:~ .v' ;/ . '. , I; ." 2: r ii ~_ _ 1 , 11 . ,...I;,.,:.i\ 'J~O"'fl8. 'J~()mn8 fr' J(4f'r ,',I//I,.,,,,y' "t )',,,,. 106 NORTH rRONT STREET p 0 BO,ll, 999 HARRISBURG. PA 17108 v, I IN TilE COUHT OF COMMON PLEAS CUMnEHLAND COUNTY, PENNSYLVANIA : CIVIL ACTlotl - LMoJ IN D!VOHCE UARRIE p, ALEMAN, Plaintiff, NO. 9~-J011 CIVIL TEHM TOMAS ALEMAN, Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECRIiE UNDER SUQ.l{Q}~,[H.LRlY.QRCE CODE 1. I consent to the entry of a f i na I decree of divorce without notice. 2. 1 understand that 1 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 divorcD 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 his affidavit are true and correct, 1 understand that false statements herein are made subject to the penalties of 18 Pa,C,9. S4904 relating to unsworn falsification to authoritios. l, I' ~ /7" n-----oate--1I - ~1t~~ lJarr (I P. Aleman 1'1 ill nt iff - 7~O"'fl8. 7~O"'fl8 f)J,7faff'r ,(7{/I,I"""'I,,,1 J~ItI. ]01 NORTH rRONT SlAUT p 0 BOlt 999 HARRISBURG, "... 11IOB - , , " I ,-~r .." 01 1'1., ,. r G .l... ,., BARRIE p, ALEMAN, Plaintiff, IN TilE COUR'r OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE v. TOMAS ALEMAN, NO, 95-3017 CIVIL TERM Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~33011cl OF THE DIVORCE CODE 1. I consent to the entry of a f ina I 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 his 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. "">//3/ 'tj" Date ~a Tomas Aleman Defendant -: I....., ,4,.. l"~ , . , '.1 t '-, 1,1 ,I ::' ;:'/ I, ..1 . . j ~.' " . ~ , ~., " ,. \ 'J~omfl8. 'J~Omfl8 & X'/f'r ,'7(l/or1lry' <It J ~IU' 306 NORTH fRONT STREET P 0, Boa 8ee HARRISBURG. PA 17108 follows, fees prepaid and depositing same at the Federal Express Office at lIarrisburg, Pennsylvania on the 13th day of March, 1996. Jack lIardy, Esquire 4375 Raleigh Avenue Apartment 403 Alexandria, VA 22304 THOMAS, THOMAS & HAFER \--) By: 'J ( . . Richard C, Seneca, re I.D, #49807 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7629 Attorneys for Plaintiff 'Jl.oma.. 'Jl.om,u & Xa/,r 'JIllo....." a/Jaw 101 NO~TN FRONT ITAIET P. O. 'OX II' HARRIIIURO. PA 1710. BARRIE P. ALEMAN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE NO, 95-3017 CIVIL TERM TOMAS ALEMAN, Defendant. MOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hp.reb~' given that the plaintiff, Dorrie p, Aleman, in the above matter, having been granted a final decree in divorce on March 25, 1996, hereby intends to resume and hereafter use her previous name of BARRIE ELLIN PRICE a/k/a BARRIE E. PRICE and gives this written notice avowing her intention in accordance with 54 Pa,C.S.A. 5704. , ", 1,/ (Ii ' l3arr e . Signature U LO,Ii'kl\ Aleman of Petitioner TO BE KNOWN AS: II' . \ 1 ' .., " 11'1 (i. \ I : } I )I ~ (, Barrie Ellin Price a/k/a Barrie E, Price COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OFC'I'fI',)Jcrla"J I On this, the .k- day of /, I "_'J. notary pUblio, personally appea~Bari}e (or satisfactorily proven) to be the subscribed to the within document and executed the same for the purpose therein , 1996, before me, a P. Aleman, known to me person whose name is acknowledged that she contained. IN WITNESS WHEREOF, I have he~eunto set my hand and official seal. My Commiesion Expires: ) _,t- . f ,. , , ,\"" <. I,t .,'.. Not,!!a..l'UIJ~C(_>, L '.!'-l:",a'Swa')-J .' .!:n~\ ,.,.,..";' ','!a" ".'.."."" ~ ~ ~ ., . ,:'. 1'.." \' " (', ,',.'!,' MlIllltlt'f 'l'I'(t'j':;":;I;t;A~~~I-'~'I<1lW;l ~~ ti:-:;';:"J\ CEHTI l'~lIT[: QfJilillYln; I, Richard C, Seneca, Esquire, Attorney for Plaintiff, Barrie P. Aleman do hereby certify that il copy of the attached Notice of Intention to Resume Prior Name was served upon the following by enclosing a true and correct copy in iln envelope addressed as follows, postage prepaid and depositing same in the united States Hail, First Claun, nt lIarris\Jur~, Penn~yJvilnla on the 9th day Hay, 1996 : Jack Hardy, Esquire 4375 Raleigh Avonue Apartment 403 Alexandria, VA 22304 TIIOMAS, THOMAS & HAFER '\ ,("-/ I . R c ar C, Seneca, ~squire 1.0. #49807 305 North Front Street P,o. Box 999 lIarrlsburg, PA 17108 (717) 255-7629 By: ~ 9 -'0 -:-J It c - I Co ~ ~ ," ~ V '-J Q.. L5 Crt '=D G -+- -I- ---<