Loading...
HomeMy WebLinkAbout01-5506SAHADEVA R. RAYAVARAM Plaintiff Vo UMA MEDAPATI Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 0/" CIVIL ACTION - 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 ca se may proceed without you and a decree of divorce or annulment may be entered against you by the Cou rt. 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 ma y request marriage counseling. A list of marriage counselors is available in the Office Of Prothonotary C umberland County Courthouse, Carlisle, PA. 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 M AY 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 SAHADEVA R. RAYAVARAM Plaintiff UMA MEDAPATI Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. or- C;.,;C CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Sahadena R. Rayavaram, by Bryan S. Walk Esq., and represents as follows: COUNT I DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Sahadena R. Rayavaram, who currently resides at 1101 Lindham Ct. Apt. # 610, Mechanicsburg, Cumberland County, PA 17055, and has resided there for approximately 7 months. 2. Defendant is Uma Medapati, who currently resides at 43-44 Kissena Blvd., Apt # 8G, Flushing, New York. 3. The Plaintiff has been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 23, 2997 in Tirupathi, India. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff avers that there are no children under the age of 18. 7. The Plaintiff is a citizen of the United States of America. 8. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 9. The marriage is irretrievably broken. 10. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WI-IEREFORE, Plaintiff requests the Court to enter a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code dissolving the marriage between the Plaintiff and the Defendant. Bry0tf~. Walk I.D.# 63881 108 - 112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 ATTORNEY FOR PLAINTIFF LD. #58853 GOL~BERo. KATZ~AN & ~H~AN, P.C. 3~ ~ 8~ P,O.~ 1~ ~PA 171~1~ (71~ ~161; (71~ ~161 CHRIS G. JOHNSON, IN THE COURT OF COMMON PLEAS Plaintiff . V. .- STEVE FAILOR and CYNTHIA FAILOR, · Defendants · CUMBERLAND COUNTY, PENNSYLVANIA No.. 02-5506 CIVIL TERM CIVIL L ACTIOIN - LAW .NOTICE TO PLEAD You are hereby notified to plead to Defendants' Answer and New Matter within twenty (20) days from service hereof. Date: December 31, 2002 Attorney I.D. #58853 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1.268 (717)234-4161 (717) 234-6808 (facsimile) ~lttorney for Defendants : :ODA~4 U~CDOCSE)OC~8954811 1 CHRIS G. JOHNSON, IN rl'l--~ COURT OF COMMON PLEAS Plaintiff · STEVE FAIl.OK and CYNTHIA FAILOR, · Defendants · CUMBERLAND COUNTY, PENNSYLVANIA No.. 02-5506 CIVIL TERM CIVIL L ACTIOIN- LAW DEFEDANTS' ANSWER AND NEW MATTER Now come the Defendants Steve and Cynthia Failor and in response to the Plaintiff's Complaint aver as follows: 1. Admitted based upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied as stated. It is admitted that Plaintiff and Defendant entered into an arrangement wherein Defendant, Steven Failor sold a used 1976 Ford F250 track, VIN F26YEC51267 to the Plaintiff and further agreed to perform certain restoration work required by the PlaintS. The document attached as Exhibit A to Plaintiffs Complaint is a writing which speaks for itself. By way of further answer, it is specifically denied that the document contains all of the terms of the arrangement. 6. Admitted. 7. Admitted. : :ODMA IPCDOCSllX~.%~895 5~}~l 8. Denied as stated. The truck has been titled in Plaintiff's name and is available for him to pick up. Plaintiff has refused to take possession of the vehicle. 9. Admitted. 10. Admitted. By way of further answer, after Plaintiff signed the document attached to his Complaint as Exhibit A, he requested additional work be done for which he was obligated to pay the cost of materials and labor. 11. Admitted. 12. Denied. It is specifically denied that Defendants have failed to make any repairs or restoration to the truck. To the contrary, Defendant, Steven Failor has made extensive repairs and restoration. Plaintiff has refused to pay for any additional repairs necessary to the truck and as a result the truck is not yet complete but is available for Plaintiff to pick up. 13. Admitted. 14. 15. Admitted. Denied. It is specifically denied that Defendants ihave failed to make any repairs or restoration to the truck. To the contrary, Defendant, Steven Failor has made extensive repairs and restoration. Plaintiff has refused to pay for any additional repairs necessary to the truck and as a result the truck is not yet complete but is available for Plaintiff to pick up. 16. Admitted based upon information and belief. 17. Denied. It is specifically denied that Defendants have failed to make any repairs or restoration to the truck. To the contrary, Defendant, Steven Failor has made extensive repairs and restoration. Plaintiff has refused to pay for any additional repairs necessary to the truck and as a result the truck is not yet complete but is available for Plaintiff.to pick up. : :ODMA kPC. DOC~93391I 2 18. Denied. T° the contrary, the truck is titled in Plaintiff's name for the purchase price of $2,$00. Plaintiff has failed to pick up the truck. 19. Denied. Defendant, Steven Failor has made numerous repairs and restorations to the truck. Plaintiff has refused to make payment for any additional work and as a result the truck remains unfinished but is available to the Plaintiff. 20. ARer reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the troth of the averments regarding what Plaintiff might have done. By way of further answer, it is specifically denied that Defendants have failed to comply with any terms of the written document dated November 28, 2000. 21. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments regarding what Plaintiff might have done. By way of further answer, it is specifically denied that Defendants have failed to comply with any terms of the written document dated November 28, 2000. 22. Aider reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments regarding what Plaintiff might have done. By way of further answer, it is specifically denied that Defendants have failed to comply with any terms of the written document dated November 28, 2000. 23. Denied. Defendant Steven Failor has caused the vehicle to be titled in Plaintiff's name and has made all repairs for which he has been paid. ::ODMA ~CDOC,.~h~C~89539~I 3 COUNT I Breach of Contrac~ 24. The answers contained in paragraphs 1 through 23 are incorporated herein as though set forth in their entirety. 25. The averments contained in paragraph 25 of Plaintiff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. 26. The averments contained in paragraph 26 of Plaintiff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. By way of further answer, it is specifically denied Plaintiff.does not have the ability to pick up the truck. WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against the Plaintiff. COUNT II .Fraudulent Misrepresentation 27. The answers contained in paragraphs 1 through 26 are incorporated herein as though set forth in their entirety. 28. The averments contained in paragraph 28 of Plaintiff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against the Plaintiff. : :ODMA~C~,~9$$9~I 4 COUNT m Violation of the Unfair Trade Practices and Consumer Protection Low, Title 73 _P.S. _~201-1~ 201-2(4)(ix)' 201_2(4)(xiv). 201-2(4)(xvi), 201-2(4)(xxi) 29. The answers contained in paragraphs 1 through 28 are incorporated herein as though set forth in their entirety. 30.-33. The averments contained in paragraph 30-33 of Plaintiff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed fac-mai in nature, they are denied. By way of further answer, it is specifically denied that either Defendant violated the Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against the Plaintiff. : :ODMA h~CDOCS1DOC,81895 5 911 5 30. The answers contained in paragraphs 1 through 33 are incorporated herein as though set forth in their entirety. 31. Plaintiff's Complaint is barred by the applicable statute of limitations. 32. Plaintiff's Complaint fails to set forth a cause of action. 33. Plaintiff is in possession of the title to the vehicle in question. 34. Plaintiff has always had the opportunity to pick up the truck. 35. Plaintiffrefuses to pick up the truck because he no longer wishes to make any additional repairs to the vehicle. 36. All monies paid by ?laintiffwere compensation due to Defendant, Steven Failor as a result of the work he performed on Plaintiff's truck. 37. All repairs and restorations were completed in a proper workmanlike fashion. 38. Defendant Cynthia Failor is not a party to the contract between Plaintiff and Steven Failor. 39. All monies received by Defendants have been earned. 40. Plaintiff, having induced Defendant, Steven Failor, to commence the repairs, is estopped from terminating the agreement at this time. Date: December 31, 2002 Attorney I.D. #58853 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 (717) 234-6808 (facsimile) ~4ttorney for Defendants ::ODMA~C~89339II 6 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: John A. Aborn, Esquire Abom& Kutulakis, LLP 8 South Hanover Street, Suite 204 Carlisle, PA 17013 ~.~~.~G~.~KATZMAN & SHIPMAN, P.C Thomas J. Weber, Esquire Attorney I.D. No. 58853 Date: December 31, 2002 ::O D/v~WCDOC~DOC~I12.~14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAHADEVA R. RAYAVARAM, Plaintiff VS. UMA MEDAPATI, Defendant NO. 01-5506 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE The Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania Please mark the withdrawal of the undersigned as counsel for the Plaintiff' in the above captioned matter. Dated: .7~-/~,.~ /~-y~an ~fWalk, Esquire PRAECIPE FOR ENTRY OF APPEARANCE The Prothonotary of the Court of Common Pleas of ,~ urnb~dand Coun,~, ~ ~s~ 1 ~ ma,, Please mark the entry of the undersigned as counsel for the Plaintiff in the above captioned matter. ~;~ f~, _/~r/~ p/G. Patrick O'Connor, Esq. 3105 Old Gettysburg Rd. Camp Hill, PA 17011 717-737-7760 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAHADEVA R. RAYAVARAM, Plaintiff VS. UMA MEDAPATI, Defendant NO. 01-5506 Civil Term CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW, this 15th day of July, 2003, comes the Plaintiff, Sahadeva R. Rayavaram, by his attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Amended Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, SAHADEVA R. RAYAVARAM, is an adult individual who currently resides at 345 Poplar Avenue, Devon, Pennsylvania 2. The Defendant, UMA MEDAPATI, is an adult individual who currently resides at 43-44 Kisena Blvd. #8-G, Flushing, NY. The Plaintiff and Defendant were married on February 23, 1997 in Tirupathi, India. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. The original complaint in the present action was filed on September 21, 2001. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff request your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. ,,G. Patrick O'Connor, Esquire Attorney for Plaintiff 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone:717-737-7760 VERIFICATION I, SAHADEVA R. RAYAVARAM, state that I am the PLAINTIFF in the above- captioned case and that the facts set forth in the foregoing are tree and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unswom falsification to authorities under 18 Pa.C.S. Sec. 4904. Date: SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this fi?/~ty of c~a~ 2003, by and between SAHADEVA R. RAYAVARAM, of Devon, Pennsylvania, party of the first part, hereinafter referred to as "Husband," and UMA MEDAPATI, of Flusing, New York, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on February 23, 1997; and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties intend to dissolve their marital status by means of a divorce pursuant to Section 3301 (c) of the Divorce Code of Pennsylvania. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, 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. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that his release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and 2 shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. MARITAL PROPERTY. (a) The parties agree that all funds contained in bank account number 413-305-5708 at Apple Bank, Flushing, New York, is and shall remain the sole property of Wife, and Husband waives any and all future claims to those funds. (b) The parties have divided their personal property, and Wife agrees that all property now in Husband's possession is and shall remain the sole property of Husband, and Husband agrees that all property now in possession of Wife is and shall remain the sole property of Wife. (c) The 1996 Nissan Path Finder motor vehicle shall be and remain the sole property of Husband. (d) The parties further agree that all property acquired before marriage shall be and remain the sole property of the party who acquired that property. 5. EOUITABLE PROPERTY. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 6. CUSTODY & VISITATION. The parties hereto are parents of a minor child, Tanmayi Rayavaram, a girl bom on February 25, 2002 (hereinafter referred to as "Child," ) The parties covenant and agree that the Mother shall have legal and physical custody of the Child until the child is emancipated. Father shall have unrestricted visitation of the child on all weekends, provided that the Father is not remarried. In the event that the Father is remarried, the Father shall be restricted to visitation at the Mother's residence until such time as the Child reaches the age of five (5) years, at which time all restriction. The Father shall also be entitled to have custody of the Child for thirty (30) continuous days each year. If the Child is enrolled in school, the thirty-day period shall be taken only during the Child's summer vacation. The Father shall not object if Mother moves with the Child to any other state in the United States of America providing that the Mother has a job in that state. 7. CHILD SUPPORT. The parties hereto agree that Mother shall not seek child support so long as child care is provided by one of the Mother's relatives. In the event that child care is necessary and is not being provided by one of the Mother's relatives, the Father and the Mother shall each provide fifty percent (50%) of child care expenses when it is provided by a non-relative of the Mother. In addition, Father and Mother shall share equally the cost of the Child's food, clothing, tuition and medical expenses. Reimbursement shall be provided on a monthly basis to the parent having custody. 8. ALIMONY. The parties hereby covenant and agree that neither party shall seek alimony from the other party. 9. INCOME TAX RETURN. In the event that any federal income tax is owed for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that Husband shall pay the full amount that is owed. In the event that any federal income tax refund is due 4 for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that Husband shall be entitled to the full amount of the total refund due. 10. INDEMNIFICATION FOR PAST DEBTS. Each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 11. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, 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. 12. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and equitable distribution of marital property. It is the intention of the parties hereto that all of the foregoing rights and remedies, with the exception of those otherwise provided in this Agreement, are hereby waived 5 and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies. The parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 13. EFFECT OF DIVORCE DECREE, The parties covenant and agree that unless otherwise specifically provided herein, this Agreement shall continue in full rome and effect after such time as a final decree in divorce may be entered with respect to the parties. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into a decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof shall be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 14. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 15, OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 16. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that Husband will pursue an action in divorce pursuant to Section 3301(c) or ~e,e,t;Lm ~301 (d) of the Divorce Code of Pennsylvania, on the grounds that the marriage is V/ 7 irretrievably broken. Both parties agree to execute and file the appropriate affidavits of consent in order to complete said action in divorce on the basis of mutual consent. 17. BREACH OF AGREEMENT. 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 enfome the Agreement, including but not limited to, court costs 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. 18. LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Husband has engaged the services of G. Patrick O'Connor, Esquire, and Wife has had the opportunity to seek the advice and counsel of an attorney of her choice. Each party has carefully reviewed the terms and conditions of this Agreement. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 19. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 20. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have,hereunto set their hands and seals the day and year first above written. Qualified in Queens CounN~ Commission Expires June Notar~ Ppbiic, State of New Yolk t*~. 01CY5079CCt Qualified in Queens Cou~t~ Commission Expires June ~(SEAL) Sahadeva R. RayavaramT'-- Uma Medapati COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF C,t.~mq,~rz.t..~M'3') ) On this, the d~'~' day of O'~0t.-J ,2003, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared SAHADEVA R. RAYAVARAM, known to me (or satisfactorily proven) to be the person described in the foregoing 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 am~o~p ~. Nolmy Ppblle, $~ate of New No. 01GYSO795Sl Ou~ed in Queens Counlyg COMMONWEALTH OF PENNSYLVANIA) :SS. COUNTY OF ~,VI~IOr..~-/--~t~ ) On this, the ~ --~ day of '~ U/..-~1 ,2003, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared UMA MEDAPATI, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,*,amm~ss~on Expire, dune 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAHADEVA R. RAYAVARAM, Plaintiff VS. UMA MEDAPATI, Defendant NO. 01-5506 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under Section 3301(c) of the Divorce Code was filed on September 21, 2001 and an amended complaint was filed on or about July 24, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. My social security number is: ~ o ~ -? 6, ~7'~ '7' 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 unswom falsification to authorities. DATE: SAHAE~E~V~A R. ~YA~ntiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAHADEVA R. RAYAVARAM, Plaintiff VS. UMA MEDAPATI, Defendant NO. 01-5506 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 21, 2001 and an amended complaint was filed on or about July 24, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. My social security number is: ~(~1- gO- I~'z~(DJ 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. UMA MEDAPATI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAHADEVA R. RAYAVARAM, Plaintiff VS. UMA MEDAPATI, Defendant NO. 01-5506 Civil Term CIVIL ACTION - LAW 1N 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 ent~ ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a 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 the foregoing 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. UMA MEDAPATI~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAHADEVA R. RAYAVARAM, Plaintiff VS. UMA MEDAPATI, Defendant NO. 01-5506 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 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 the foregoing are tree 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAHADEVA R. RAYAVARAM, Plaintiff VS. UMA MEDAPATI, Defendant NO. 01-5506 Civil Term CIVIL ACTION - LAW 1N DIVORCE ACCEPTANCE OF SERVICE I, Uma Medapati, Defendant herein, do depose and say that I personally received and accepted service of a true and correct copy of the Am_m~en_~d Complaint in Divorce and Notice to Defend and Claim Rights in the above captioned action on the of ,..Joly ,2003, and I accept same by my signing below. I further depose and say that I personally received and accepted service of a copy of the .o. rigin~ Complaint in Divorce and Notice to Defend and Claim Rights in the above captioned action, which incorrectly stated the date of my marriage and incorrectly stated that the Plaintiff was a citizen of the United States, on or about September 26, 2001. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. DATE: UMA MEDAPATI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAHADEVA R. RAYAVARAM, Plaintiff VS. UMA MEDAPATI, Defendant NO. 01-5506 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD Grounds for divorce: ,/' Section 3301(c) of the Divorce Code __ Section 3301(d) of the Divorce Code (a) Date complaint filed: September 21, 2001 (b) Date of service of the complaint: September 26. 2001 (c) If service 30 days after date of filing, date complaint reinstated: (d) Manner of service of the complaint: __ Certified mail, resthcted delivery to and return receipt signed by defendant First-class mail-not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused: Personal service by Sheriff and/or Deputy Sheriff __ Personal service by competent adult other than Sheriff(Affidavit attached) d' ._Acceptance of service (Copy attached) __By publication pursuant to Order of Court (Copy of Order attached) (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: plaintiff: July 28. 2003 defendant: July 28. 2003 Date of filing: plaintiff: contemporaneously herewith defendant: contemporaneously herewith (b) Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: Date of execution: Date of filing: Date of service upon defendant: Manner of service: Related claims pending: None. All economic claims have been settled. (a) Date of service of the notice of intention to file praecipe to transmit, a copy of which is attached: Manner of service: (b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary: By plaintiff: contemporaneously herewith By defendant: contemporaneously herewith VEKIFICATION I verify that the statements made in this praecipe are true and correct, I understand that false statements herein are made subject to the penalties of 18 PaC. S.A. §4904 relating to unsworn falsification to authorities. ~Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CFCUMBERLAND COUNTY ST/~'FE Of ~ PENNA. SAHADEVA R. RAYAVARAM, Plaintiff NO. 01-5506 Civil VERSUS UMA MEDAPATI, Defendant_ AND NOW, DECREED THAT AND DECREE IN DIVORCE SAHADEVA R. RAYAVARAM UMA MEDAPATI ,~, IT IS ORDERED AND __,PLAINTIFF, ,DEFENDANT, Are DIVORCED From THE BONDS OF MATRIMONY. THE COURT RETAINS JurISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN rAISED OF REC~ .RD IN THIS ACTION F'OR WHICH A FINAL Order HAS NOT YET BEEN ENTERED; None. parties on Jply 27, 2003 The Separation and Property Settlement Agreement entered into by the shall be incorporated b~t n~ged into this Decree ATTES~~~2 ~ J.