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HomeMy WebLinkAbout00-06623GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 KIRAN K. DANDAPAT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MANASWITA DANDAPAT, NO. 66p a3 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 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, 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 DC, 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 Goldberg, Katzman & Shipman, P.C. Paul J. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff KIRAN K. DANDAPAT, Plaintiff V. MANASWITA DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vv- GL a3 - CIVIL ACTION - LAW IN DIVORCE WAIVER OF COUNSELING MANASWITA DANDAPAT, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not 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 Waiver 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. !)?? ??R2!» Date: 09('Z0100 KIRAN K. ANDAPAT GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 KIRAN K. DANDAPAT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MANASWITA DANDAPAT, NO. "- 46-)3 4-Zx.t' -74--^- Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff, KIRAN K. DANDAPAT, is an adult individual, who currently resides at 852 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, MANASWITA DANDAPAT, is an adult individual who currently resides at 210 Senate Avenue, Apartment #219, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff avers that he has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on July 13, 1994, in India. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies. 8. Plaintiff requests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs 1 through 8 herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to: (a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and (b) Order such other relief as the Court deems just and reasonable. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P. C. By PA L J. O O, ESQUIRE Post Office Box 1268 Harrisburg, PA 17018-1268 Supreme Court ID #25454 Attorneys for Plaintiff VERIFICATION I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 09 j 213) o © J ul'm» KIRAN K. DANDAPAT HI0S.I57REV.5-9) COUNTY Cumberland COMMONWEALTH &PENNSYLVAIM DEPARTMENTOFHEALTH VITAL RECORDS RECORD OF DIVORCE OR ANNULMENT ® (CHECK ONE) ? HUSBAND STATE 19 NUMBER STATE FILE DATE Kiran Kumar Danda at BIRTH June 6, 1965 3. RESIDENCE Street or R.D. city, am. or Tap. County state 4. PLACE (Stare or Foreign Country) 2 ETfnrd Rd__ Fast pennsboro Twz)_. Cumberland Co.. P RRTH India OFTHIS WHITE BLACK OTHER (Specity), MARRIAGE 1 ? ? ® India Civil Engineer SR #1RO-76-9R3R WIFE 8. MAIDEN NAME (First) (Middle) (L-v 9. DATE (Month) (t)oy) (Year) Manaswit4 BIRTH March 6, 1973 10. RESIDENCE Street or R.D. City, Bono. or Twp. County State 11. PLACE (SlateorPorelgn Country) 4 'SBnate _Ave. , Spt. 219 Camp Hill, Cumberland Co. A BIRTH India 12. NUMBER 13. RACE 14. USUAL OCCUPATION OF THIS WHITE BLACK OTHER (Specify) MARRIAGE 1 ? ? 15. PLACE OF (County) (State o•Foreign Ccantry) fit 6. DATE OF (Month) (Day) (Year) THIS THIS MARRIAGE MARRIAGE jji 1 1 94 17A. NUMBEROF 7B. NUMBER OF DEPENDENT 18. PLAINTIFF T 9. DECREE GRAN TED CHILDREN THIS CHILDREN UNDER 18. HUSBAND WIFE OTHER (Specify) HUSBAND WIFE OTHER (Specify) MARRIAGE 1 1 ® r -1 ? ® ? ? 21 20. NUMBER OF HUSBAND WIFt SPUTUUSTUDY UIHtH(Spe01ty) 21. LEGAL UHUUNUS FUN CHILDREN TO ? [1 E] [:1 DIVORCE OR ANNULMENT CUSTODY OF 22. DATE OF DECREE (Month) (Day) (Year) 23. DATE REPORT SENT (Month) TO VITAL RECORDS I (Day) (yw) 24. SIGNATURE OF TRANSCRIBING CLERK \1 U Q- r3 cn 1 ?? ? L 4 r q/ "r Goldberg, Katzman k Shipman, P.C. Paul J. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff KIRAN K. DANDAPAT, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY. PENNSYLVANIA V. NO. 00-6623 Civil MANASWITA DANDAPAT, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on September 29, 2000, he sent a certified copy of a Complaint in Divorce by certified mail, return receipt requested, restricted delivery, to ManaswitaDandapat, 210 Senate Avenue, Apartment 4219, Camp Hill, PA 17011, and the return receipt card signed by Manaswita Dandapat, and shown as being delivered October 2, 2000, is attached hereto and made a part hereof. PAUL . ESF SITO, ESQUIRE Sworn to and subscribed before me this 3rd 12000. Notary My Commission Notarial Seal Victoria Y. Chambers, Notary Ppblic Harrisburg, Dauphin County My Commission Expires Apr. 7, Q 1 ? t, 4 If Restricted Delivery is desired. * A.your name and address on the reverse to that we can return the card to you. x. Mach this card to the back of the mailpisce, or on the front if space permits. 1, Aiafcle Addressed to: ?C3l1Gx5(WS 1?0.nc1G G No, 1'rttl ?1-H l-7oU C. Signature AA x7ilt 1wuA.D ? Addlregaee D. Is delivery address diffe W ern m t? Yes If YES, enter delivery r?w'. \ o ti> 3. Service Type '.Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee)- s aA 4 C) C l yi rT _ ? (1 is GOLDBERG, KATZMAN & SHWMAN, P.C. Paul J. Esposito - I.D. #25454' Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 - Harrisburg, PA 17108-1268 (717) 234-4161 KIRAN K. DANDAPAT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MANASWITA DANDAPAT, Defendant NO. 00-6623 Civil CIVIL ACTION - LAW INDIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about December 27, 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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 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. Section 4904 relating to unsworn falsification to authorities. Date: 19Z 2,&JWO7, KIRAN K. D APAT 75165.1 4 1 ? tSt ,'Y^t -r ?n 3V O"} L? C3 r ???'??yi ri ? K ? ?_`. CTi Y K 4% K1RAN K. DANDAPAT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-6623 Civil MANASWITA DANDAPAT, CIVIL ACTION - LAW Defendant INDIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I do oppose the entry of a divorce decree because: (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking ('o) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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 unworn falsification to authorities. Date: p 3 I I $? o 2-- r?,a-d ujx b ?l9 -p MANASWITADANDAPAT,DEFENDANT NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT 75165.1 ?_ _ ? _ _, _ , ._. - _ ? d .. _ .._ .. IF? . ?} r" ?y it ?_-- ?'" ,',,? __ '' ' - ! - _ , ? Z} -G y SiJ it .0 KIRAN K. DANDAPAT Plaintiff V. MANASWITA DANDAPAT Defendant xvv? mAR 1 8 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 6623 IN DIVORCE ORDER CIVIL TERM AND NOW, THIS 2 Z'4 day of h% e,,-.i. , 2002, upon consideration of Defendant's Request for Marriage Counseling, the parties are hereby ordered to attend a minimum of three (3) marriage counseling sessions. Said sessions shall be arranged by the Defendant ly. BY THE COURT &3 -0, 5 A Distribution List: eter J. Russo, Esquire ?afil'J. Esposito, Esquire .U? i PETER J. RUSSO, ESQUIRE Attorney for Defendant PA Supreme Court ID: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 KIRAN K DANDAPAT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MANASWITA DANDAPAT NO. 2000 - 6623 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO REQUEST MARRIAGE COUNSELING TO THE PROTHONOTARY: Kindly forward the attached Order of Court directing the parties to attend marriage counseling. Respectfully sub . d Peter J. Russo Date: `3) tYl U 2 - ?x KIRAN K. DANDAPAT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MANASWITA DANDAPAT NO. 2000 - 6623 CIVIL TERM Defendant INDIVORCE Certificate of Service AND NOW, COMES, Peter J. Russo, Attorney for Defendant, and certifies that on this day, he did serve the counsel for the Plaintiff with a true and correct copy of the foregoing by placing same in an envelope, return receipt requested and addressed to Paul J. Esposito, Esquire, P.O. Box 1268, Harrisburg, PA 17018 Peter J. Russo Date: 3 1 `Y 1 v x, c_ T r ?- Ca3 < +_ IQRAN K. DANDAPAT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MANASWITA DANDAPAT NO. 2000 - 6623 CIVIL TERM 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 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KIRAN K. DANDAPAT Plaintiff V. MANASWITI'A DANDAPAT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 6623 CIVIL TERM IN DIVORCE ANSWER AND COUNTER-CLAIM AND NOW, COMES the Defendant, by and through her attorney, Peter J. Russo, Esquire and avers the following in support of her Answer and Counter- Claim: 1. - 8. Admitted 9. Admitted. COUNTI 10. Denied. The Defendant does not believe this marriage is irretrievably broken. COUNTER-CLAIM COUNT II 11. Defendant hereby incorporates by reference averments 1 through 10 of this Complaint as if each averment were set forth fully hereunder. 12. Plaintiff and Defendant have acquired property, both real and personal, during the course of their marriage. 13. The parties have also acquired home furnishings, motor vehicles, bank accounts, retirement accounts, investments and miscellaneous items of personal property. 14. Thus far plaintiff and defendant have been unable to agree as to an equitable distribution of said property, therefore Defendant requests the equitable distribution of said marital property. WHEREFORE, Defendant, prays that a decree be entered in favor of the Defendant and against Plaintiff as follows: A. That a decree be entered granting equitable distribution of marital property. COUNT III: ALIMONY PENDENTE LITE ALIMONY COUNSEL FEES AND COSTS 15. Defendant hereby incorporates by reference averments 1 through 15 of this Complaint as if each averment were set forth fully hereunder. 16. Defendant is without sufficient resources so as to pay for her reasonable needs, counsel fees and costs of these proceedings. WHEREFORE, Plaintiff requests this Honorable Court to award Defendant alimony in an amount sufficient to meet her reasonable needs, counsel fees and costs. Respectfiilly submitted, Peter J. Russo Date: ;kA- AW PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 KIRAN K. DANDAPAT Plaintiff V. MANASWITA DANDAPAT Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW NO. 2000 - 6623 IN DIVORCE CIVIL TERM VERIFICATION I, Manaswita Dandapat, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. ®3 029?'A$t9 ?°?v?9?4 ?°°t? Date: I ? MANASWITA DANDAPAT KIRAN K. DANDAPAT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MANASWITA DANDAPAT NO. 2000 - 6623 CIVIL TERM Defendant IN DIVORCE Certificate of Service AND NOW, COMES, Peter J. Russo, Attorney for Defendant, and certifies that on this day, he did serve the counsel for the Plaintiff with a true and correct copy of the foregoing by placing same in an envelope, return receipt requested and addressed to Paul J. Esposito, Esquire, P.O. Box 1268, Harrisburg, PA 17018 Peter J. Russo Date: 31 cirk :fig •.•? ""?3'?d?T?'t.?.°',s::;ati',?.v?,v ucr??. s?wx ta?arD?d#i' - ? W '1 V ?a j O O Sl. C-> C: ?i J C " C 1 ?i4- C:' r? ?J ?y3 C3 _j r-? 'iL7 Gou)BERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff KIRAN K. DANDAPAT, Plaintiff V. MANASWITA DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6623 Civil CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY OF DAUPHIN COUNTY, PENNSYLVANIA: Kindly withdraw the appearance of Goldberg, Katzman & Shipman, P.C., and Paul J. Esposito, Esquire, in behalf of the Plaintiff in the above-captioned matter. -y?? GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: //(?/ Z l By aaA114 PAUL J. S1i SITO, ESQUIRE Supreme Court ID 425454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 95894.1 4^ CERTIFICATE OF CONCURRENCE I, Kiran K. Dandapat, Plaintiff, have read the foregoing Praecipe to Withdraw Appearance in my behalf, and hereby consent to the relief sought in said Praecipe. Date: Q S- Z I -2003 Kiran K. Dandapat, Plaintiff I. r ? CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Mr. Kiran K. Dandapat P. O. Box 11722 Hamburg, PA 17108-1722 Plaintiff Peter J. Russo, Esquire 4 Liberty Avenue Carlisle, PA 17050 Attorney for Defendant & SHIPMAN, P.C. By: Paul J/,j$s/bs'ito, Esquire Date: May ;? 2003 95894.1 A16 nett` sv -?`v - 0 c, 9 1 e.> AZI, KIRAN K. DANDAPAT, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-6623 MANASWITA DANDAPAT, • CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 29, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree in 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 false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 0911-40 3, w r ?St D?y- Manaswita Dandapat, Defendant i W?i9k`tlYEY#WIWJP4ip'J$2Nf. ?'- xa5%kN9rtx'WeL6M.. EK%... 4J.1_?MS"'- aR?...?iaE?-1L ??"v3'?e. ? -. IYbl14i? C i r? <? C ? '? ^q s- `-. \J ;.,, ?., (? [_? l _' i. _ l..' . ? ? l l 'il _ -'' c__ ,.,,, .?? - `'- J 1 1.i 1' (,1 '? KIRAN K. DANDAPAT, Plaintiff VS. MANASWITA DANDAPAT, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY,PENNSYLVANIA * NO. 00-6623 * * CIVIL ACTION - LAW * IN DIVORCE 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 of a final decree of divorce without notice. 2. 1 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. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: (2g 113/03 , ( dv-9 D ? Manaswita Dandapat, Defendant ?. r ti tit" _? ?'.' n•.} ill fyi 1 94 Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 171084268 (717) 234-4161; (717) 2344161 (facsimile) KIRAN K. DANDAPAT, Plaintiff v MANAS WITA DANDAPAT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-6623 CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, as counsel for Plaintiff, Kiran K. Dandapat, in the above-captioned matter. GOLDBERG KATZMAN, P.C. ¢- Paul J. Es ito Attorney M. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: dS ,2006 (717) 234-410'1 N° O ? r _? _?_ u ? : Di I'1 ( ? . n?? ? ` ? ??T ? J' ': l5} O ?s ? GF:, t Z.. __ "Cl ,.3 C , /? ? KIRAN K. DANDAPAT, Plaintiff vs MANASWITA DANDAPAT, Defendant Case No. 00-6623 IN DIVORCE Statement of Intention to Proceed To the Court: Kiran K. Dandap at intends to proceed with the above captioned matter rrintlQame Paul S. Esposito, Esq. Sign Name 1 /-4 Date: 9/22/06 Attorneyfor_ LlKAsJ K. t)AQDAPA-f, Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rulc230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. C7 ? O ??? ra ug a? V -/o OCT 0 5 2006 1M 1' KIRAN K. DANDAPAT, Plaintiff v MANAS WITA DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-6623 CIVIL ACTION-LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER KIRAN DANDAPAT, Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X) Divorce ( ) Annulment { X) Alimony ( X) Alimony Pendente Lite and in support of the Motion states: ( X) Distribution of Property ( ) Support ( X) Counsel Fees ( X) Costs and Expenses Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action. 3. The statutory ground(s) for divorce are: Irretrievable breakdown - 3301(c) or (d). 4. Check the applicable paragraph(s): ( ) The action is not contested. ( ) An agreement has been reached with respect to the above-referenced claims. ( X) The action is contested with respect to the above-referenced claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. ?. Additional information, if any, relevant to the Moti Date: U? Paul J. E osit Attorney for Plaintiff AND NOW, 61<U , 2006, e 115A061 & -f , Esquire, is appointed Mater with respect to the following claims: divorce and distribution of property. BY T O T v ? ,O C ?O/ n Q _' • - HIM Lli Cll I? vt t?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIRAN K DANDAPAT, Plaintiff VS. MANASWITA DANDAPAT, Defendant NO. 00-6623 . CIVIL ACTION - LAW IN DIVORCE WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for Defendant, Manaswita Dandapat, at the above-captioned docket. Respectfully submitted by: Dated: /o - 7- f 2 e+ to C Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 PLEASE enter my appearance as my own attorney of record at the above-captioned docket. Respectfully submitted by: © 0 eo tM?IL Dated: ? Manaswita Dandapat 210 Senate Avenue, Apt # 219 Camp Hill, PA 17011 C? ? p. C te '77 G= "'[? ? a „ ? a ? ? - - ?j t:7 r mm-- a _J aJJ? vim`. ?? ?.A7 h ry GOLDBERG, KATZMAN & SHtPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 KIRAN K. DANDAPAT, Plaintiff V. MANASWITA DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 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 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, 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 Goldberg, Katzman & Shipman, P.C. Paul J. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff KIRAN K. DANDAPAT, Plaintiff V. MANASWITA DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA e NO. OV - .2 3 1 P.u-- CIVIL ACTION - LAW : IN DIVORCE WAIVER OF COUNSELING MANASWITA DANDAPAT, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not 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 Waiver 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. 0 p2i It ' Date: 09('Z9100 KIRAN K. ANDAPAT GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 KIRAN K. DANDAPAT, Plaintiff V. MANASWITA DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C', cex.Q NO. M - G 6.13 IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff, KIRAN K. DANDAPAT, is an adult individual, who currently resides at 852 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, MANASWITA DANDAPAT, is an adult individual who currently resides at 210 Senate Avenue, Apartment #219, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff avers that he has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on July 13, 1994, in India. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies. 8. Plaintiff requests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs 1 through 8 herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to: (a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and (b) Order such other relief as the Court deems just and reasonable. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By Paf,?A,,Md PA L J. Eft O O, ESQUIRE Post Office Box 1268 Harrisburg, PA 17018-1268 Supreme Court ID #25454 Attorneys for Plaintiff ti I VERIFICATION I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. v Date: 0S j 28 j o v ??..--- KIRAN K. DANDAPAT H105.157 REV. 5-97 COMMONWEALTH 6FPENNSYLVANL4 DEPARTMENT OF HEALTH VITAL RECORDS RECORD OF COUNTY DIVORCE OR ANNULMENT Cumberland ® (CHECK ONE) STATE FILE NUMBER STATE FILE DATE SS #149-80-1170 1. NAME (First) Riran Ru 3. RESIDENCE Street or R.D. City, Boro. orTwp. 852 Erford Rd. East Pennsboro 5. NUMBER 6. RACE OF THIS WHITE MARRIAGE 1 ? SS #180-76-9838 6. HUSBAND a) (Last) 2. DATE (Month) (Day) (Year) r Danda at BIRTH June 6, 1965 County State 4. PLACE (State or Foreign Country) Cumberland Co., P BIRTH India 7. USUAL OCCUPATION BLACK OTHER (Specify) India Civil Engineer WIFE (mime) (Last) In# 9. DATE (Month) (Day) BIRTH March 6, 1973 11. PLACE (State or Foreign Country) OF 1. PA BIRTH India 10. RESIDENCE Street or R.D. City, Sm. orTwp. County State 2 4`S6nate .Ave., Spit. 219 Camp Hill, Cumberlan( 12. NUMBER 3. RACE _ _ 14. OF THIS WHITE BLACK OTHER (Specify) MARRIAGE 1 n n rn T-44 .. OCCUPATION In_I a -1-4-- 15. PLACE OF THIS MARRIAGE (County) (State cr Foreign Country) ry) 16. DATE OF (Month) THIS MARRIAGE July (Day) (Year) 13. 4 17A. NUMBER OF 7B. NUMBER OF DEPENDENT 18. PLAINTIFF 9. DECREE GRANTED TO CHILDREN THIS CHILDREN UNDER 18. FE OTHER (Specify) HUSBAND WI HUSBAND WIFE OTHER (Specify) MARRIAGE 1 1 - I ® r J ? ® ? ? 20. NUMBER OF HUSBAND WIFE SPLIT CUSTODY OTHER (Specify) 21. LEGAL GROUNDS FOR CHILDREN TO ? DIVORCE OR ANNULMENT CUSTODY OF 1:1 ? 77 nATC nc ncnocc /1UnMh1 /nnvl /Vna?l - Z neTC OCOnGT C cwIT TO VITAL RECORDS 24. SIGNATURE OF TRANSCRIBING CLERK l Z.J Ilk "mot t ,v -o Goldberg, Katzman & SMpman, P.C. Paul J. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff KIRAN K. DANDAPAT, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA V. NO. 00-6623 Civil MANASWITA DANDAPAT, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on September 29, 2000, he sent a certified copy of a Complaint in Divorce by certified mail, return receipt requested, restricted delivery, to ManaswitaDandapat, 210 Senate Avenue, Apartment 9219, Camp Hill, PA 17011, and the return receipt card signed by Manaswita Dandapat, and shown as being delivered October 2, 2000, is attached hereto and made a part hereof. ALL ? PAUL . ES SITO, ESQUIRE Sworn to and subscribed before me this 3rd day rctober, 2000. Notary Pu My Commission Notarial Seal aYChambers, Notary Public , Dauphin Coun[::H:arris?,burgty mmsion Expires Apr. 7, 2003 V • Complete items 1, 2, and 3. Also complete iNm 4 if Restricted Delivery is desired. ¦ Print 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. 1. Article Addressed to: .??p ?e? Arc. t 700 A. Received by (Please Print Clearly) B. Date of De wry C. Signature X!"? Agent Addiwws D. Is delivery address di 1? Yes If YES, enter deliver w: o 7 . 3 V 3 . Service Type -'/% Wertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandw ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) isms 2. Article Number (Copy from service laboq PS Form 3811, Juiy 1999 Dorneetic Rrturn Rw?ipt ttllwlf w nN ?: C> ?_ C j-y ` .... ,? r = t.. ??. r:.= E? "" ;? ;_ ?,. c? :???? r ?? GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454' Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 KIRAN K. DANDAPAT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-6623 Civil NLANASWITA DANDAPAT, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about December 27, 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 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. Section 4904 relating to unsworn falsifinatinn to anthnritieS Date: QZ 12 21 0 2 ?*o J?? KIRAN K. D APAT 75165.1 n c ?. -OCT) '. Mf P7 Li.J , KIRAN K. DANDAPAT, Plaintiff V. MANASWITA DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6623 Civil CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I do oppose the entry of a divorce decree because: (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. I--,' (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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. Date: ('} 3 I I $I o ?? c "I-- MANASWITA DANDAPAT, DEFE ANT NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT 75165.1 'f f t rAR8 2002 KIRAN K. DANDAPAT Plaintiff V. MANASWITA DANDAPAT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 6623 IN DIVORCE CIVIL TERM ORDER AND NOW, THIS 2 Z'4 day of Yrn &J-1k , 2002, upon consideration of Defendant's Request for Marriage Counseling, the parties are hereby ordered to attend a minimum of three (3) marriage counseling sessions. Said sessions shall be arranged by the Defendant lly. BY THE COURT C3 as -oa ?5 A Distribution List: ,,e-ter J. Russo, Esquire i J. Esposito, Esquire i ? *1?? 1 4 ' J PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 KIRAN K. DANDAPAT Plaintiff V. MANASWITA DANDAPAT Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 6623 CIVIL TERM IN DIVORCE PRAECIPE TO REQUEST MARRIAGE COUNSELING TO THE PROTHONOTARY: Kindly forward the attached Order of Court directing the parties to attend marriage counseling. Respectfully sub Peter J. Russo Date: `3) k1r1V KIRAN K. DANDAPAT Plaintiff V. MANASWITA DANDAPAT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 6623 CIVIL TERM IN DIVORCE Certificate of Service AND NOW, COMES, Peter J. Russo, Attorney for Defendant, and certifies that on this day, he did serve the counsel for the Plaintiff with a true and correct copy of the foregoing by placing same in an envelope, return receipt requested and addressed to Paul J. Esposito, Esquire, P.O. Box 1268, Harrisburg, PA 17018 Peter J. Russo Date: 3) ?'-Yly 2 (?? C ?: c -?C. •• - ._•?, KIRAN K. DANDAPAT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MANASWITA DANDAPAT NO. 2000 - 6623 CIVIL TERM 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 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KIRAN K. DANDAPAT Plaintiff V. MANASWITA DANDAPAT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 6623 CIVIL TERM IN DIVORCE ANSWER AND COUNTER-CLAIM AND NOW, COMES the Defendant, by and through her attorney, Peter J. Russo, Esquire and avers the following in support of her Answer and Counter- Claim: 1. - 8. Admitted 9. Admitted. COUNTI 10. Denied. The Defendant does not believe this marriage is irretrievably broken. COUNTER-CLAIM COUNT II 11. Defendant hereby incorporates by reference averments 1 through 10 of this Complaint as if each averment were set forth fully hereunder. 12. Plaintiff and Defendant have acquired property, both real and personal, during the course of their marriage. 13. The parties have also acquired home furnishings, motor vehicles, bank accounts, retirement accounts, investments and miscellaneous items of personal property. 14. Thus far plaintiff and defendant have been unable to agree as to an equitable distribution of said property, therefore Defendant requests the equitable distribution of said marital property. WHEREFORE, Defendant, prays that a decree be entered in favor of the Defendant and against Plaintiff as follows: A. That a decree be entered granting equitable distribution of marital property. COUNT III: ALIMONY PENDENTE LITE, ALIMONY, COUNSEL FEES AND COSTS 15. Defendant hereby incorporates by reference averments 1 through 15 of this Complaint as if each averment were set forth fully hereunder. 16. Defendant is without sufficient resources so as to pay for her reasonable needs, counsel fees and costs of these proceedings. WHEREFORE, Plaintiff requests this Honorable Court to award Defendant alimony in an amount sufficient to meet her reasonable needs, counsel fees and costs. Respectfully submitted, Peter I Russo Date: 3 I ? rw PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 East Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 GRAN K. DANDAPAT Plaintiff V. MANASWITA DANDAPAT Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 6623 CIVIL TERM IN DIVORCE VERIFICATION I, Manaswita Dandapat, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: MANASWITA DANDAPAT KIRAN K. DANDAPAT Plaintiff V. MANAS WITA DANDAPAT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 6623 CIVIL TERM IN DIVORCE Certificate of Service AND NOW, COMES, Peter J. Russo, Attorney for Defendant, and certifies that on this day, he did serve the counsel for the Plaintiff with a true and correct copy of the foregoing by placing same in an envelope, return receipt requested and addressed to Paul J. Esposito, Esquire, P.O. Box 1268, Harrisburg, PA 17018 Peter J. Russo Date: 3 ?Y u Z ? -?, ? S . , ? (?y iJ V - ? , ( t? ? {^. 7? .??? ? ,^` 1 ^? :? `- ?T GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff KIRAN K. DANDAPAT, Plaintiff V. MANASWITA DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6623 Civil CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY OF DAUPHIN COUNTY, PENNSYLVANIA: Kindly withdraw the appearance of Goldberg, Katzman & Shipman, P.C., and Paul J. Esposito, Esquire, in behalf of the Plaintiff in the above-captioned matter. Date: & 2, 1 GOLDBERG, KATZMAN & SHIPMAN, P.C. By PAUL J. S SITO, ESQUIRE Supreme Court ID #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 95894.1 CERTIFICATE OF CONCURRENCE I, Kiran K. Dandapat, Plaintiff, have read the foregoing Praecipe to Withdraw Appearance in my behalf, and hereby consent to the relief sought in said Praecipe. Date. 0 t KK. Dandapat, Plaintiff r CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Mr. Kiran K. Dandapat P. O. Box 11722 Harriburg, PA 17108-1722 Plaintiff Peter J. Russo, Esquire 4 Liberty Avenue Carlisle, PA 17050 Attorney for Defendant GOLDRERG, KATZMAN & SHIPMAN, P.C. By: Paul J//EsjAbXito, Esquire Date: May A_, 2003 95894.1 r ?? ' i KIRAN K. DANDAPAT, Plaintiff Vs. MANASWITA DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6623 CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 29, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree in 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 false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ?w-t Date: o g J 13 /0 3 7y Manaswita Dandapat, Defendant ?._, ,?;?: ?, {? KIRAN K. DANDAPAT, Plaintiff VS. MANASWITA DANDAPAT, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 00-6623 * CIVIL ACTION - LAW * IN DIVORCE 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 of a final decree of divorce without notice. 2. 1 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. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: 1/3/03, Manaswita Dandapat, Defendant 7 C ?. .-? Paul J. Esposito, Esquire I.D,#25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Defendant KIRAN K. DANDAPAT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MANASWITA DANDAPAT, Defendant No. 00-6623 CIVIL ACTION - LAW Iii DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, as counsel for Plaintiff, Kiran K. Dandapat, in the above-captioned matter. GOLDBERG{nKATZM?/AN, P.C. f / D /A: //1 &) /? f`?f'ir Paul J. Es ito ' Attorney M. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: ?S , 2006 (717) 234-4161 o- , cry ?, ?+ , ? T ?• ? ? KIRAN K. DANDAPAT, vs Case No. _ 00-6623 IN DIVORCE MANASWITA DANDAPAT, Defendant Statement of Intention to Proceed To the Court: Kiran K. Dandapat intends to proceed with the above captioned matter. Print Name Paul J. Esposito, Esq. Date: 9/22/06 Sign Name Attorney for A?.S K A+S ?Pa? Explanatory Comment --?' The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. Plaintiff C? ? C? ?- c? --n ;? r n KIRAN K. DANDAPAT, Plaintiff V. MANASWITA DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-6623 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER KIRAN DANDAPAT, Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X) Divorce ( X) Distribution of Property ( ) Annulment ( ) Support ( X) Alimony ( X) Counsel Fees ( X) Alimony Pendente Lite ( X) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action. 3. The statutory ground(s) for divorce are: Irretrievable breakdown - 3301(c) or (d). 4. Check the applicable paragraph(s): ( ) The action is not contested. ( ) An agreement has been reached with respect to the above-referenced claims. ( X) The action is contested with respect to the above-referenced claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information. if any, relevant to the Motif: _ Date: Paul J. E osit Attorney for Plaintiff AND NOW, , 2006, , Esquire, is appointed Mater with respect to the following claims: divorce and distribution of property. BY THE COURT, J. .?,.J %v , :7 ---? ' 1 ? i i ?:.? -,--, s T" " _ _ , '._,. t, .. .? ?? OCT 0 5 2006 KIRAN K. DANDAPAT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MANASWITA DANDAPAT, Defendant No. 00-6623 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER KIRAN DANDAPAT, Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X) Divorce ( ) Annulment ( X) Alimony ( X) Alimony Pendente Lite and in support of the Motion states: ( X) Distribution of Property ( ) Support ( X) Counsel Fees ( X) Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action. 3. The statutory ground(s) for divorce are: Irretrievable breakdown - 3301(c) or (d). 4. Check the applicable paragraph(s): ( ) The action is not contested. ( ) An agreement has been reached with respect to the above-referenced claims. ( X) The action is contested with respect to the above-referenced claims. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. ?. Additional information, if anv, relevant to the Moti _ Date: ?? ` Paul J. E osit Attorney for Plaintiff AND NOW, /0 , 2006, 1? leM? ??_ ff , Esquire, is appointed Mater with respect to the following claims: divorce and distribution of property. T BY T 0 1 C7' t C3 ,V^ f ` Yom. tl? hJ ¢.i U) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIRAN K DANDAPAT, Plaintiff VS. MANASWITA DANDAPAT, Defendant NO. 00-6623 CIVIL ACTION - LAW IN DIVORCE WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for Defendant, Manaswita Dandapat, at the above-captioned docket. Dated: /o - 2_ f"-- 2 u 0 C Respectfully submitted by: Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 docket. PLEASE enter my appearance as my own attorney of record at the above-captioned Respectfully submitted by: Dated: _- Manaswita Dandapat 210 Senate Avenue, Apt # 219 Camp Hill, PA 17011 e? ? 1 a L h--i CZ Curtis R. Long Prothonotary office of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor no - L LZ3 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573 FILED-4:); rivE MANASWITA DANDAPAT cr- TNr F "' 11irWT COURT OF COMMON PLEAS OF ZOIQJAN 13 ' C3UM2BgRLANDCOUNWPENNSYLVANIA Petitioner car ? IVY V. No. 00 - 6623 KIRAN KUMAR DANDAPAT Respondent : IN DIVORCE PETITION TO REINSTATE CIVIL TERM AND NOW, comes the Plaintiff, Manaswita Dandapat, by and through her attorney, Abraham Prozesky, and files the following Petition: 1. Petitioner is Manaswita Dandapat an adult individual currently residing at 175 Tory Circle, Enola, Cumberland County, PA 17025. Petitioner is also the Defendant in the I Divorce action between the parties in the abovementioned case number. 2. Respondent is Kiran Kumar Dandapat an adult individual whose last known address was 852 Erford Road, Camp Hill, Cumberland County, Pennsylvania To the best of Plaintiff's knowledge, the Defendant has left the USA on November 02, 2007 and now resides at an unknown location in India. Respondent is also the Plaintiff in the Divorce action between the parties in the abovementioned case number. 3. Pursuant 3301(a)(1) of the orce Code the PI ' avers that Defendan7thou ly and maliciousl eserted and has absent from abitation of the Plaintiff , reasonable ca e, for a period o ne or more y rs, 4. On October 28, 2009, the case was terminated with prejudice. 5. Service of the notice of proposed dismissal was effected by sending it by mail to the Petitioner. 6. Petitioner, who proceeded pro se, did not receive notice of the proposed dismissal. 7. The Prothonotary conf nned to undersigned counsel on January 07, 2010, that the mailed notice was returned to the office of the Prothonotary. 8. The Prothonotary did not inform undersigned counsel that a further advertising took place. 9. Pursuant to Rule 230.2(d)(3) of the Pa RC.P., the Petitioner avers that there is a reasonable explanation or legitimate excuse for the failure to file a statement of intention to proceed and to file a petition to reinstate within 30 days after the entry of the order. 10. Petitioner was unaware of the notice of proposed dismissal. 11. Petitioner approached the Prothonotary on December 30, 2009 to obtain information as to why no Divorce Decree has been entered. 12. Petitioner is the Defendant and as such was waiting for the Plaintiff and his lawyer to finalize the divorce. From the record it appears that all that is outstanding is for the record to be transmitted to the court and a Judge to enter a possible Decree. 13. Petitioner had done everything necessary from her side to further the Divorce proceeding. 14. Petitioner could not afford a lawyer from 2006 till December 30, 2009. 15. Petitioner instructed undersigned counsel to assist her on December 30, 2009. 16. Undersigned counsel investigated and acted as expeditiously as possible to file this petition. IT Respondent is represented by Paul Esposito, Esq. Mr. Esposito was contacted by undersigned counsel and he failed to return the telephone call of undersigned counsel after a message was left on his answering machine on January 08, 2010. Further attempts will be made to contact him. 18. Petitioner respectfiilly submits that she would suffer extreme hardship and prejudice if the case is not reinstated. 19. Petitioner requests the Court to exercise its discretion in her favor and reinstate the divorce proceedings under Cumberland County Docket No: 00 - 6623. WHEREFORE, Petitioner prays this Court to enter a Decree in Divorce. Respectfully submitted, Date: 41? 2 U U Abraham aesky, Esquire Attorne for Petitioner PAID 209787 674 Stover Court Hummelstown, PA 17013 Tel: (717) 982-1532 VERIFICATION I, Manaswita Dandapat verify that the statements made in this Petition 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. Date: January 08, 2010w-?-?-?- MANASWITA DANDAPAT Respectfully submitted ABRAH OZESKY, ESQ PA Id 09787 674 S over Court Hummelstown, PA 17036 Tel: (717) 982-1532 E{LED-CIF iC; t roc ry_?r ??ey;^)i,?^.n,RnT{?RY N4ANASW A DANDAPAT - ! rl : IN THE COURT OF COmmoN PLEAS OF A v i 3 p l, 3: C"MERLAND COUNTY PENNSYLVANIA J II Z Q (9 Plaintiff 06 V. , No_ 00 - 6623 CIVIL TERM KIRAN KUMAR DANDAPAT Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Abraham Prozesky, the undersigned, hereby state that I served a copy of 1. A Petition for Reinstatement, Verification and Order, in the above-captioned matter upon Defendant 4fe?1C(U n f, S 11 A. by mailing, U.S_ first class mail, postage prepaid to the Plai iW-&-Attorney of ZkI record at P.O. Box 1268, Harrisburg, PA 17108-1268, on January 13, 2009. 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 Ps.C.S. Section 4904, relating to unworn falsification to authorities. Date: a( 3 1-20(o % y, Esquire Plaintiff PA ID #-29787 674 Stover Court Hummelstown, PA 17013 Tel: (717) 982-1532 MANASWITA DANDAPAT Petitioner V. KIRAN KUMAR DANDAPAT Respondent JAN 1 4 2010 v IN THE C43URT OF COMMON PLEAS OF CUMBERL,IND COUNTY PENNSYLVANIA No. 00 - fN i23 CIVIL TERM IN DIVORCE ORDER AND NOW, 2010, it is ordered pursuant to Rule 230.2(3) Pa. R.C.P. that the action be reinstated. By the Court, Distr: r Abraham Prozesky, Esq, Attorney for Petitioner `r -,' Yaul Esposito, Esq, Attorney for Respondent V "'T (ss :A l KIRAN KUMAR DANDAPAT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA Plaintiff (°) a V. No. 00 - 6623 CIVIL TEI © a P'r MANASWITA DANDAPAT Defendant IN DIVORCE 11At.ct/)C Ta w?'rN/ ?? ?cor,r?rn=c ???2n TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly take notice that the Defendant hereby withdraws all economic claims in the above-captioned matter. Respectfully submitted, Date: 2 ( 2 010 ;Ovlt-A AAbraYgm Pro uire Attorney efendant PA ID 09787 674 Stover Court Hummelstown, PA 17013 Tel: (717) 982-1532 KIRAN K. DANDAPAT, Plaintiff VS. . MANASWITA DANDAPAT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 6623 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this Z -74 day of _ ? U 117 2010, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated November 2, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, --/</, 4- /:7?/ Ke n A. Hess, P.J. cc: l -'Paul J. Esposito Attorney for Plaintiff ?Abraham Prozesky Attorney for Defendant c7 4 A r _t cX3 -CoLZ3 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of A)e i/ e yI PYl' , 2007, by and between KIRAN K. DANDAPAT, (hereinafter referred to as "Husband") and MANASWITA DANDAPAT, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on July 13, 1994, in India; and WHEREAS, the parties separated on or about December 27, 1999; and WHEREAS, the parties are the parents of one (1) minor child, Shankar Kumar Dandapat, born September 22, 1997; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and 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 claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their resp5cti c' - estate. - 71- .1 NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, 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 debts or obligations incurred by him. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, 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 debts or obligations incurred by her. 4. OUTS'ANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts and obligations which were jointly incurred by them during their marriage. 2 5. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such parry agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6. DIVISION OF PERSONAL PROPERTY The parties agree that they have divided their separate and marital personal property to their mutual satisfaction. As of the date of execution of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. 7. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which have been acquired by him or her since the parties separated on December 27, 1999, or which may be acquired in the future, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 8. The parties hereby acknowledge that they are both participants in the Commonwealth of Pennsylvania State Employee's Retirement System. The parties hereby agree that Husband shall be the sole and exclusive owner of any and all retirement 3 benefits, including any deferred compensation, which he has accrued; and the parties further agree that Wife shall be the sole and exclusive owner of any and all retirement benefits, including any deferred compensation, which she has accrued. The parties hereby release and relinquish all of their respective rights and interests in the retirement benefits of the other. The parties further acknowledge that they are aware of their right to obtain an independent examination of their respective retirement benefits and those of the other party in order to determine the value of same for the purpose of the equitable distribution of their marital assets. With this knowledge and having been afforded the opportunity to do so, the parties hereby agree not to have the value of their respective retirement benefits determined and they hereby specifically waive and relinquish their right to do so. 9. CERTIFICATES OF DEPOSIT The parties acknowledge that they acquired ownership of two (2) Certificates of Deposit during their marriage described as follows: Certificate of Deposit #I - SBI Home Finance Limited 11 & 13, Shakespeare Sarani Calcutta - 700 071 Receipt No.: B/60/20/2492/B Date of Deposit: August 5, 1994 Amount: Rs 20,000.00 Date of Maturity: August 5, 1999 Amount on Maturity: Rs 37,540.00 Certificate of Deposit #2 - Housing Development Finance Corporation Limited Regd Office: Ramon House 169 Backbay Reclamation Bombay - 400 020 S. No.: 150907 Deposit Receipt No.: BR/11928 Date of Deposit: August 5, 1994 Amount: Rs 20,000.00 4 With respect to Certificate of Deposit #1, Husband shall extend his full and immediate cooperation to effectuate the transfer of ownership of said Certificate of Deposit or any successor Certificate of Deposit to Wife, including but not limited to the execution of a letter of authorization or any other instruments. Husband hereby releases and relinquishes to Wife any right, title, claim or interest he may have in and to said Certificate of Deposit. Husband shall retain Certificate of Deposit #2 as his sole and separate property, in consideration for which, Husband shall pay to Wife, by certified check, the sum of $2,110.00. 10. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 11. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Paul J. Esposito, Esquire. Wife has had the opportunity to have the provisions of this Agreement and their legal effect fully explained to her by legal counsel of her choice. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 12. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, AND SPOUSAL SUPPORT Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may now or hereafter have to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this Paragraph in a court of law or 6 equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 13. COUNSEL FEES. COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of the marriage and the preparation and execution of this Agreement. 14. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 15. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this 7 Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 16. RELEASE OF CLAIMS. a. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 8 b. Each parry hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in or as to any breach of this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her 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 of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, 9 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 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 any other country. d. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement 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. e. Husband and Wife acknowledge that Husband has instituted a no fault action in divorce against Wife docketed to No. 2000-6623 in the Court of Common Pleas of Cumberland County, Pennsylvania. The parties shall, promptly and without delay, proceed with the divorce action, and shall execute all documents necessary to conclude the divorce as expeditiously as possible. 17. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in 10 addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 18. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 19. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 20. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 21. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 22. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 11 23. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs 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. 24. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 12 26. BREACH If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 27. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 28. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 29. EFFECT OF RECONCILIATION. COHABITA'T'ION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 13 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: i IMRAN I. DANDAPAT MANASWITA DANDAPAT 14 STATE OF PENNSYLVANIA ss: COUNTY OF c CL On this, the ?o d day of _ MM(1? , 2007, before me, the undersigned officer, personally appeared IGRAN X DANDAPAT, 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 hereunto set my hand and official seal. Notary Public OOMWWNM&TH M PMOWLVAN A NOWM Salt' A. MNIK Nfty Pablo STATE OF PENNSYLVANIA My a Hmbbul& OleupW Cagily My Ca v"m B0W Sept 17, 2M0 ss: Member, Aenns*ank Asbochuon of Noadw COUNTY OF L : On this, the d day of G?li1 2007, before me, the undersigned officer, personally appeared MANASWITA DANDAPAT, 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 WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public CUMMUNWEALTH OP Y v Mom sew S* A Moak NoOry Pabft Cky Of Fanfebt % a*M Canfy I My Co wnbdM EOM Sept 17, 2MO '•An^.t•,.. . F . n.'itManid Ammon off MAss :0DMAIPCD0CSWCMJ4362612 is KORAN KUMAR DANDAPAT Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA No. 00 - 6623 CIVIL TERM MANASWITA DANDAPAT n Defendant IN DIVORCE c -- ?: N - 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: Irretrievable breakdown under 3301(c) 2. Date and manner of service of the complaint: October 2d, 2000, Certified Mail, Restricted Delivery 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301(c) of the Divorce code: by plaintiff' November 2'd, 2007; by defendant August 13`k, 2003. b. (1) Date of execution of the affidavit required by 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: None. 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiWs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: November 22d, 2007. Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: August 1361) 2003. Date: 2-112 6 k u A ky, Esquire Attorn or Defendant PA # 209787 6 4 Stover Court HummeWown, PA 17013 Tel: (717) 982-1532 Pad L Egnsikk Elpfm LD. #254M GOLDBERG KATZMAN. P.C. 320 Modat 9ratt P. O. Bat tz" 11 " a PA t7tWUR (717) 234&4161;(717) 23"161(6esiale) Ce wrd for Plaice KIRAN K. DANDAPAT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MANASWITA DANDAPAT, Defendant NO. 00-6623 Civil Term CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 29, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 m this Affidavit 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 unworn falsification to authorities. Date: 22007 `C Da >n d "i? KIRAN K. DANDAPAT Pad L Egwaikk EsgWm LD #2%M GOLDBERG KATZYIAK P_C. 3201x1 1 Skeet P. O.Bae12" ?K PA 171W12" (717) 234-4161; (717) 2344161(icsbmk) Calmd-i?PMei e KIRAN K. DANDAPAT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MANASWTTA DANDAPAT, Defendant NO. 00-6623 Civil Term : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330I(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 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 unsworn falsification to authorities. Date: 00y 2' .2007 JCA;r n IC- `7jat rC*4f X-' KIRAN K. DANDAPAT Paid 1. Fspa -1 EigWm LD. RUM OOLDBERG KATZMAN, t_C. 320 lddoK Soo P. O. On 1265 Hmeit3wL PA 171061266E (717) 234-4161; (717) 2344161 ftsisio) CamrdfWPA"ff KIRAN K. DANDAPAT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MANASWTTA DANDAPAT, Defendant NO. 00-6623 Civil Term : CIVIL ACTION - LAW : IN DIVORCE 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 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 Burt 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. Date: 1`rbV 21°? . 2007_x- MANASWPTA DANDAPAT LD. 625454 GOLDBOW KATZMAN, P .C. 320 Muka Sma P. O. BOK 1268 Herd PA 17108.1268 (717) 234-4161; (717) 234-4161(bcdeule) CommeljarPAW-ff KIRAN K. DANDAPAT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MANASWITA DANDAPAT, Defendant : NO. 00-6623 Civil Term : CIVIL. ACTION - LAW . IN DIVORCE WAIVER OF COUNSELING I . A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 29, 2000. 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 have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce 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. Section 4904, relating to unworn falsification to authorities. Date: ?1f 2. 2007 0 y-'-" t.P-- MANASWITA DANDAPAT MAN X. t P'AT. ' N THE COURT OF CO Ii PLEAS Pl i ' CUN•BLLAlI1D COUNTY. P9MIMVAMIA vs. 00. 0044n MAM AS11 TA DANDAPAT, ! CWL ACTION - LAW Dskndmt * N 0I4*00I11CE 1. A Complaint In Divorce under Secdon 3301 (c) of the Divorce Code was filed mi September 29, 2000. 2. The mmrrbW of PWndff and Defendant Is bratrlevably broken and ninety (qKX, days have elapsed from the date of ft fik* and service of the Complaint. 3. 1 corasadrrt do the entry of a final decree in divorce after service of notice of wardlon to request entry of the decree. I vwtfy 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. Section 4904 reaming to mom faction to authorities. Date: Q ?f 0 3 • ?'?Q,,rt.a?iu.t.?SR, Mob . DaTirdarat '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANASWITA DANDAPAT V. KIRAN KUMAR DANDAPAT NO. ~ '6623 CIVIL TERM DIVORCE DECREE AND NOW, ~ ~? z , 2p1 ° , it is ordered and decreed that By the Court, MANASWITA DANDAPAT ,plaintiff, and KIRAN KUMAR DANDAPAT ,defendant, are divorced from the bonds of matrimony. Any e~dsting spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None a) None. J. Prothonotary -3 ~-io fit- f~, ~r,~.-~v~/ ~ a~J ~'~-~