diamond ring foreclosure
With this $48,000 ring, I thee dread
In December, at an Italian restaurant near
Aurora's Fox Valley Mall, Richard Phebus knelt on one knee and slipped a
$48,000 diamond engagement ring on his girlfriend's finger.
But then "ever after" turned to "nevermore" as the
Naperville couple went through an acrimonious breakup in late February.
Things got so nasty that Phebus went to court, claiming his former fiance
refused to return the 5.03 carats of bling and instead threatened to sell
the ring.
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business
foreclosure
The decline of the US real estate mortgage market.
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A judge eventually ordered Renee Mingilino, 43, to return
the ring, and on Wednesday she signed papers in a Will County courtroom giving
up her rights to the pear-shaped diamond.
All of which was a relief to Phebus, 43, president of a Woodridge trade
exhibit company.
"She's a woman. She's emotional -- I didn't want her to do something
silly out of anger," Phebus said, adding that he had never given a woman
such an expensive item. "I loved her. It's [hard] looking back on it. .
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By Steve Schmadeke
Copyright © 2007,found
Apr 5, 2007 at
Chicago
Tribune
.
. Quite frankly, this is a sad thing for me."
Mingilino said Phebus needn't have worried. She said she held onto the ring
initially only because Phebus wrote her a love letter telling her to keep it.
"He can have his ring -- he can shove it as far as it goes," said
Mingilino, a mother of four who says she's now dating someone else. "Just
seeing my name on the same paperwork with this guy is enough to make me want
to vomit. I don't want anything to do with that ring; I don't want anything to
do with that guy."
Not only did Mingilino return the ring, she dumped the $6,500 Roberto Cavalli
wedding dress she had bought with her daughter's credit card on Phebus'
doorstep with a note that read, "Your loss."
Mingilino is asking Phebus to return her grandmother's diamond earring and a
chocolate fountain she bought for a party. He says he intends to do that.
On March 22, Phebus filed his lawsuit in Will County Circuit Court. Associate
Judge Bobbi Petrungaro that same day ordered that the ring be returned to
Phebus, who was required to put up $100,000 bond until the matter was decided.
Mingilino said her 11-year-old son, thinking his mother was going to be
arrested, became hysterical when a deputy showed up to get the ring. She said
she had stored it in a bank safe deposit box.
In Illinois, when an engagement is called off by both parties, the person who
gives an engagement ring is typically entitled to get it back. Vann vs.Vehrs,
a 1994 decision by the 2nd District Illinois Appellate Court on a DuPage
County case, was the first time a state appellate court took up the issue,
said Rolling Meadows attorney Terry Slaw.
Slaw represented Cindy Vehrs, who was ordered to return her engagement ring
after the court ruled it was not a gift and that the so-called "heart
balm" statute -- which prohibits civil lawsuits over a broken promise to
marry -- did not apply to this case.
"I still don't agree with the decision, but it's been the law for 13
years," he said.
Slaw said he wanted to appeal the case to the state Supreme Court, but his
client decided to drop it. He said he still gets calls from lawyers all over
the country asking about that case. He also believes it is taught in the
state's bar-review exams.
Phebus and Mingilino met online and started trading business
e-mails around Thanksgiving of 2005.
They first met in person in January but parted in July, the same month
Mingilino's mother died of liver cancer and she lost her home to foreclosure.
The couple got back together in late November of 2006 and talked of getting
married in Las Vegas or Italy.
The lawsuit said they were engaged on Dec. 16.2005
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she declared bankruptcy last year and, with plans to return to school in
August, said she could have used the money the ring's sale would have brought.
But, she said Wednesday, keeping the ring was not an option.
"I didn't want any leftovers of Mr. Richard Phebus," she said.
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