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HomeMy WebLinkAbout08-5176STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-8749 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff MANI PAZHANATHADALAM Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 08- 5040 SAIBANU ELANGOVAN Defendant CIVIL ACTION - LAW 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-8749 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff MANI PAZHANATHADALAM Plaintiff V. SAIBANU ELANGOVAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: oK- 5"! 76 c1v: / 4 CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER & 3301(a) And (c) OF THE DIVORCE CODE 1. Plaintiff is Mani Pazhanathadalam, who currently resides at 65 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Saibanu Elangovan, who currently resides at 65 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately proceeding the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 3, 1996, in Chennai, India. COUNT I DIVORCE 5. Paragraph 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions for divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, §3301(a) (2), and (c) in that; a. The Defendant committed adultery b. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. Neither Party in this action is a member of the Armed Forces. WHEREFORE, The Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II- EQUITABLE DISTRIBUTION 10. Paragraph 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, which property is marital property. 12. Plaintiff and Defendant may have owned, prior to marriage, property that has increased in value during the marriage and/or which has been exchanged for other property, that has increased in value during the marriage, all of which property is marital property. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, The Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT II- CUSTODY 14. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff seeks custody of the following children: V Name Present Residence Age Pavithra Mani 65 Keefer Way, Mechanicsburg, PA 17055 10 Arvind Mani 65 Keefer Way, Mechanicsburg, PA 17055 3 The children are presently in the custody of the Plaintiff and Defendant who reside at 65 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years the children have resided with the following persons and at the following addresses: Plaintiff and Defendant Plaintiff and Defendant 65 Keefer Way Mechanicsburg, PA 17055 4210 F Williamsburg, Dr. Harrisburg, PA 17109 September 2005- Present May 2003- Sept. 2005 The Mother of the children is the above named Defendant, currently residing at 65 Keefer Way, Mechanicsburg, PA 17055. She is married to the Plaintiff. The Father of the children is the above named Plaintiff, currently residing at 65 Keefer Way, Mechanicsburg, PA 17055. He is married to the Defendant. 16. The relationship of Plaintiff to the children is that of Father. 17. The relationship of Defendant to the children is that of Mother. 18. Plaintiff has not participated as a party or a witness or in another capacity in any other litigation concerning the children in this or another Court. Plaintiff has no information of a Custody proceeding concerning the children pending in this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 19. The best interest and permanent welfare of the children will be beat served by granting the primary physical custody to Plaintiff due to Defendant not being stable. Defendant has threatened to harm herself and the children multiple times. Further, Plaintiff has been the primary caregiver of the children, since their birth and ensures that their every day needs are met. 20. Each parent whose parental rights of the children have not been terminated and the person who has physical custody have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him primary physical custody of the children. Date: C 25 Res suA to ame quire Atto , ey I . No. 52651 Cindy L. Hribal, Esquire Supreme Court I.D. 202325 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff VERIFICATION I, Mani Pazhanathadalam, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: 09 ?- 2.00$ o Mani azhanathadalam STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-8749 Attorneys for Plaintiff MANI PAZHANATHADALAM Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SAIBANU ELANGOVAN Defendant No.: CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire., counsel for Plaintiff, hereby certify that a copy of the Complaint for Divorce, directed to Defendant, Saibanu Elangovan, was served upon Defendant at Defendant's residence, 65 Keefer Way, Mechanicsburg, PA 17055, this9- of 2008, by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa. C.R.P. 1930.4(c). co ?+ Z7? 6 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff MANI PAZHANATHADALAM Plaintiff V. SAIBANU ELANGOVAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: CIVIL ACTION - LAW 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff MANI PAZHANATHADALAM Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SAIBANU ELANGOVAN Defendant No.: 0 g' - 5)'7 (e c mac, CIVIL ACTION - LAW IN DIVORCE AMENDED DIVORCE COMPLAINT 1. Plaintiff is Mani Pazhanathadalam, who currently resides at 65 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Saibanu Elangovan, who currently resides at 65 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately proceeding the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 3, 1996, in Chennai, India. COUNT I DIVORCE 5. Paragraph 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions for divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, §3301(a) (2), and (c) in that; a. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. Neither Party in this action is a member of the Armed Forces. WHEREFORE, The Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II- EQUITABLE DISTRIBUTION 10. Paragraph 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, which property is marital property. 12. Plaintiff and Defendant may have owned, prior to marriage, property that has increased in value during the marriage and/or which has been exchanged for other property, that has increased in value during the marriage, all of which property is marital property. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, The Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT II- CUSTODY 14. Paragraphs lthrough 12 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff seeks custody of the following children: Name Present Residence Age Pavithra Mani 65 Keefer Way, Mechanicsburg, PA 17055 10 Arvind Mani 65 Keefer Way, Mechanicsburg, PA 17055 The children are presently in the custody of the Plaintiff and Defendant who reside at 65 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years the children have resided with the following persons and at the following addresses: Plaintiff and Defendant Plaintiff and Defendant 65 Keefer Way Mechanicsburg, PA 17055 4210 F Williamsburg, Dr. Harrisburg, PA 17109 September 2005- Present May 2003- Sept. 2005 The Mother of the children is the above named Defendant, currently residing at 65 Keefer Way, Mechanicsburg, PA 17055. She is married to the Plaintiff. The Father of the children is the above named Plaintiff, currently residing at 65 Keefer Way, Mechanicsburg, PA 17055. He is married to the Defendant. 16. The relationship of Plaintiff to the children is that of Father. IT The relationship of Defendant to the children is that of Mother. 18. Plaintiff has not participated as a party or a witness or in another capacity in any other litigation concerning the children in this or another Court. Plaintiff has no information of a Custody proceeding concerning the children pending in this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. .V 19. The best interest and permanent welfare of the children will be beat served by granting the primary physical custody to Plaintiff due to Defendant not being stable. Defendant has threatened to harm herself and the children multiple times. Further, Plaintiff has been the primary caregiver of the children, since their birth and ensures that their every day needs are met. 20. Each parent whose parental rights of the children have not been terminated and the person who has physical custody have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him primary physical custody of the children. Date: Att mey I,,PS^o. 52651 Cindy L. riribal, Esquire Supreme Court I.D. 202325 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff VERIFICATION I, Mani Pazhanathadalam, verify that the statements made in this Amended Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: I1 S Zoo 4 Mani hanathadalam STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff MANI PAZHANATHADALAM Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No.. SAIBANU ELANGOVAN Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire., counsel for Plaintiff, hereby certify that a copy of the Amended Divorce Complaint, directed to Defendant, Saibanu Elangovan, was served upon Defendant at Defendant's residence, 65 Keefer Way, Mechanicsburg, PA 17055, this Q j_--day of 2008, by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa. C.R.P. 1930.4(c). ! "\ 1 -7 J i. J ?4 V. : NO. 2008-5176 SAI BANU ELANGOVAN, : CIVIL ACTION LAW Defendant : IN DIVORCE MANI PAZHANATHADALAM,: IN THE COURT F COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DY SA MILS, LINDSAY nrtoRtvE?•,?•uw 26 West High Street Carlisle, PA THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between SAI BANU EL NGOVAN (hereinafter referred to as "Mother") and MANI PAZHANATHADALAM (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the following two (2) children: PAVITHRA MANI, born March 2, 1998, and ARVIND MANI, born September 5, 2004; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative physical and legal custody of their children; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipul a and agree as follows: 1. Mother and Father shall exercise share legal custody of the children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting he children's general well-being including, but not limited to, all decisions regar ing their health, education and religion. Pursuant to the terms of this paragraph a ch parent shall be entitled to all 4 SAIDIS, LWDS ATMI NE15.AT uw 26 West High Street Carlisle, PA records and information pertaining to the children ins and medical records and information. 2. Mother shall exercise primary physical ci 3. Father shall exercise periods of visitation (a) On alternating weekends, with notic of his requested visit time. (b) Other times as the parties may agre week. but not limited to, school tody of the children. Ath the children as follows: to Mother by Wednesday prior, if Father is available during the (c) All visitation shall take place at the h me of the Mother. (d) Father shall not exercise overnight visitation, at this time, but this may be expanded at Mother's consent. (e) When Father's parents visit, the chil en will visit at the Father's home but no extended overnights. Father shall not travel with the children during these visits without Mother's consent. 4. The parent receiving custody shall provide transportation. 5. The parties shall keep each other advise in the event of serious illness or medical emergency concerning the children and sha 1 further take any necessary steps to ensure that the health and well-being of the ch ldren is protected. During such illness or medical emergency, both parties shall ha a the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 6. Neither parent shall do anything which ay estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the ch ldren's love and affection for the other party. Neither parent will permit third parties to do this in the presence of the children. 7. Any modification or waiver of any of the provisions of this Agreement on SAIDIS, UNDS nrro KEYS-AT- 26 West High Street Carlisle, PA a permanent basis shall be effective only if made in #ting, and only if executed with the same formality as this Stipulation and 8. The parties desire that this Stipulation of Court of the Court of Common YMeas of acknowledge that the Court of Common Pleas of have jurisdiction over the issue of custody of the p, 9. The parties stipulate that in making fraud, concealment, overreaching, coercion, or other party. 10. The parties acknowledge that they provisions of this Agreement. Each party ackno and equitable and that it is not the result of any d IN WITNESS WHEREOF, The parties by the terms hereof, set forth their hands and mentioned. WITNESSETH: Witness Date 1 ? ?S 200 ' z'7-/ i ess ate ?7 Agreement be made an Order land County, and further land County does, in fact, ' minor children. Agreement, there has been no unfair dealing on the part of the read and understand the that the Agreement is fair or undue influence. intending to be legally bound the day and year hereinafter Y. ?- ?--- - - ? Sai Banu Elangovan IU ? Mani Pazhanathadalam f`t7 DEC 18 &I MANI PAZHANATHADALAM,: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. SAI BAND ELANGOVAN, Defendant NO. 2008-5176 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT And now this day of 2008, the 'c'-p Stipulation and Agreement is hereby made an Order of Qa'Grt. J. cc: / Marylou Matas, Esquire Attorney for Defendant A tephanie Chertok, Esquire Attorney for Plaintiff 1?,??3`D$ SAIDIS, FLOWER & LINDSAY ATIDBNMAT•uw 26 West High Street Carlisle, PA i ? - ?. g Cv CV) HA C"i I LL- t C c _ _ MANI PAZHANATHADALAM, ; Plaintiff V. SAI BANU ELANGOVAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5176 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed ?Joye,rnhe.r 2-1 , 2008. 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. 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to aut rities. Date: t t j 2 0/ c?o? SBANU ELANGOVAN DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER6 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 SAIDIS, FLOWER & LINDSAY ATIURNEYS•AT LAW 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. 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: /ZGO°I SAI B MU ELANGOVAN Fil F0-4Jr?= CE 7 THE ;aR07H,""NIOTARY 2009 NOV 25 Fib Z *. 16 MANIPAZHANATHADALAM, Plaintiff V. SAI BANU ELANGOVAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5176 CIVIL ACTION - LAW IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this day of ?J0 tW-Yl bP-4 , 2009, between MANI PAZHANATHADALAM, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and SAI BANU ELANGOVAN, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on July 3, 1996, in Chennai, India; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County Commonwealth of Pennsylvania, to Number 2008-5176 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration 1 and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 65 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania. Wife agrees she shall convey the real estate with improvements thereon erected at 65 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania to Husband by special warranty deed. Said deed shall be held in escrow by Husband's attorney until such time as the property is sold, or the mortgage is otherwise satisfied in full and Wife's name is removed as a responsible party. Husband shall pay for mortgages and liens of record, insurance and real estate taxes in connection with said property from June 1, 2009 forward. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify Wife from any loss thereon. In the event Husband chooses to sell the property, Wife shall cooperate with all aspects of the sale, including signing any listing agreement, sales contract, and documents for settlement. Any proceeds from 2 settlement shall be paid directly to Husband or Husband's estate. Wife waives any right, title and interest she has in this real estate. Wife is the deed owner of property in India. This property was purchased during the parties' marriage. This Agreement does not purport to equitably divide the parties' interest, marital or otherwise, in this property held in India. The parties agree that with respect to the India property, they shall submit themselves and this property to the laws and jurisdiction of India and not the Commonwealth of Pennsylvania with regard to any future ownership, title, division, equitable interest and waiver. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Sears, with an approximate date of separation balance of $1,643; ii. DCU Visa, with an approximate date of separation balance of $15,650; iii. Bank of America; with an approximate date of separation balance of $11,309. Husband shall pay the obligations to the creditors listed above by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. Husband agrees to take whatever action necessary to remove Wife's name as a responsible party from the debts listed herein within 30 days of the date of this Agreement, and hereby agrees to hold Wife harmless and indemnify Wife from any claim made by any creditor as a result of said debt. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on August 24, 2008, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been 3 incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within 30 days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation, if necessary. The person who is to receive title of said vehicle shall be responsible for all title transfer, registration and insurance costs for the vehicle. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. The parties acknowledge that Husband has retained possession and ownership of the Van, and Wife retained possession and ownership of the Jeep Cherokee. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Husband shall provide to Wife copies of all materials in his or his attorney's possession, that he has access to, has paid for, or can acquire, related to the investigation into Wife and 4 Wife's behavior, relationships and general travels, he conducted or paid to conduct by a third party (private or professional). These investigation materials include, but are not limited to, DVDs, CDs, VHS tapes, pictures, tape-recordings, photographs, written materials, computer generated photos, emails, text messages, and all other investigation materials. Husband shall provide the copies to Wife at the time of execution of this Agreement. Further, both parties specifically agree that it is their intent that these investigative materials, and other investigative materials that may have been generated by either party during the course of this litigation, be kept private and not be disclosed to any other person or entity at any other time or in any other proceedings. Each party agrees not to disclose such investigative materials, copies or originals, not to misuse, show, publicize, or threaten to misuse, show or publicize the materials for any purpose. (7) INTANGIBLE PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, life insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Both parties have confirmed that neither owns or has an interest in any investment and/or retirement plan as of the date of execution of this Agreement. (8) FINANCIAL ACCOUNTS: Each party hereby relinquishes any right, title or interest he or she may have in or to any financial or investment accounts currently titled in the name of or in the possession of the other party, including, but not limited to, checking accounts, savings accounts, investments accounts. The parties have closed all joint checking, savings and investment account. In the event it is discovered that any joint accounts remain open, the parties will divide the remaining balances or deficiencies equally, and then close these accounts. Husband shall (or has) retain(ed) ownership and possession of the funds held in his DCU 5 checking and savings accounts; PNC joint checking/savings account; Wachovia joint savings account; Wachovia checking and Wachovia savings account. Wife shall (or has) retain(ed) ownership and possession of the funds held in her PNC checking account; PNC joint account; ICICI account; Wachovia joint checking account. (9) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Marylou Matas, Esquire and, has been advised that she may be represented by counsel of choice. Husband is represented by Stephanie E. Chertok, Esquire, and, has been advised that he may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: The parties have heretofore filed joint Federal and State Tax 6 returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; 8 (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) GOVERNING LAW: With the exception of the real estate in India, this Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. 9 (20) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: I lb /5a a MA HANATHADALAM Date SAI BANU ELANGOVAN 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this ?!? day of 2009, before me, the undersigned, personally appeared MANI PAZHANAT ADALAM, 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. otary ublic NOTARIAL SEAL STEPHANIE E CHERTOK, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 24 20 "1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND "71 ft-? On this _j Q day of , 2009, before me, the undersigned, personally appeared SAI BANU "ELANGOVAN, 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 BARBARA E. STFEL, Notary PubEc Carlisle Boro, Cumberland Coaaty PA M Commission E ices June 7, 2011 11 FII..EL.-01 F ?;- P j,j trv ,;f ,TASY 201091, ?,V 25 P f 17 1L- STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff MANI PAZHANATHADALAM Plaintiff V. SAI BANU ELANGOVAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 2008-5176 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Stephanie E. Chertok, Esquire, hereby certify that a copy of the Complaint for Divorce directed to Defendant, Sai Banu Elangovan, was served upon Defendant at Defendant's residence, 65 Keefer Way, Mechanicsburg, PA, 17055, on 9th day of September, 2008, by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa.R.C.P. 1930.4 (c). Attached is documentation evidencing service. Date: Stanie 1j Chertok, Esquire A o ey I.D. No. 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff . • , -. Postal ru (Domestic Mail Only, No Insurance Coverage Provided) Ln ,n - , Postage $ M CI Certified Fee R ?um Reciept Fee (Endors Iment Required) Postmark ?Fle?re CI Restri ed Delivery Fee r -=l (Endorsement Required) r1J Total Postage & Fees `- ru r3 C1 ` ent Tor; ':L Ibl j?1? lc. n cwc n r $bee1, Apt. No.; or PO Box No. ?-' 1 ® ?F City te, ZIP 4 for Instructions R PS Form :00, June 2002 everse See Complete Rams 1, 2, and 3. Also complete Item 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: ? l bo-n-u E keg A. Signatyp ? Agent X rl AAA- B. 'R eived by (Printed Name) C. Date of Dell Cl- cj-c D. Is delivery ad different from item 1 ? Kryar- If YES, enter delivery address below: ? No f a 8? 7,9 Wertmed mail ? Express mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes Article Number (Transfer from service label `'? V? cx a? ?W f 5?? PS Form 381 1, February 2004 Domestic Return Receipt 102595-02-M-1 0 OF THE &HONOT 2409 DEC -8 PM 3= 21 C)UNlY PENEv YLVN IA STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff MANI PAZHANATHADALAM Plaintiff V. SAI BANU ELANGOVAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 2008-5176 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on November 21, 2008. 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 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 to the best of my knowledge, information and belief. 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: q MANI P ZHANATHADALAM FILED-OFFICE OF THEM 2009 DEC -8 PM 1: 5 3 PENNSYLVANtA STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff MANI PAZHANATHADALAM Plaintiff V. SAI BANU ELANGOVAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 2008-5176 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .4 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 Court and that a copy of the Decree will be sent to my immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: © 2='9 yu?- - MANI ZHANATHADALAM RM-CMOE OF THE 006THMAMY 2909 DEC -a PH 1= 5 3 CW' 5 ? ?"?+) %?out iY PENNSYLVANIA . 1h. STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff MANI PAZHANATHADALAM Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SAI BAND ELANGOVAN Defendant No.: 2008-5176 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under § (3301 (c)) l(d}(i)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: August 28, 2008 by Certified and Regular mail. 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 December 04, 2009; by defendant November 20, 2009. Code: b.(1) Date of execution of the affidavit required by §3301(d) of the Divorce (2) Date of filing and service of the plaintiff's affidavit upon the respondent. 4. Related claims pending: N/A 1 - 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 plaintiff's Waiver of Notice was filed with the prothonotary: December 08, 2009. Date defendant's Waiver of Notice was filed with the prothonotary: November 25, 2009. 4/Alko-?Ieyy or lamtif OF THE , :NOTARY Z DEC -8 PM 3: 2 2 PENNSYLVANIA MANIPAZHANATHADALAM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SAI BANU ELANGOVAN No. 2008-5176 DIVORCE DECREE AND NOW, OtQ^6 f- 1.? 1009 , it is ordered and decreed that MANIPAZHANATHADALAM , plaintiff, and SAI BANU ELANGOVAN , defendant, are divorced from the bonds of matrimony. Any existing 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.") NONE By the Court, a?i L•?vq - ac+ (Y m'( ?ccC_ 4o & S . G Jt„ Co'Y mtl Lrc--C.4o 444Y nr. rtb4as ?t