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HomeMy WebLinkAbout02-3362JILL S. BORGAONKAR, Plaintiff VS. RAJENDRA D. BORGAONKAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Term ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 JILL S. BORGAONKAR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 0.2-- 3 3 (0 2 Civil Term RAJENDRA D. BORGAONKAR, ACTION IN DIVORCE Defendant COMPLAINT IN DIVOR COUNT I - DIVORCE 1. Plaintiff is Jill S. Borgaonkar, a competent adult individual, who has resided at 515 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania, since 1996. 2. Defendant is Rajendra D. Borgaonkar, a competent adult individual, who has resided at 515 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania, since 1996. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 10, 1997 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have three children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken; and/or (b) That the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNT II - EQUITABLE DIS RIB TION F PROPERTY 11. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests that the Court equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - CUSTODY 13. Plaintiff is Jill S. Borgaonkar, who currently resides at 515 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 14. Defendant is Rajendra D. Borgaonkar, who currently resides at 515 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania, 17065, 15. Plaintiff seeks primary custody of the following children: NAME ADDRESS DOB Nicholas Raj Borgaonkar 515 Sandbank Road 9/24/95 Mount Holly Springs, Pa. Noah Robert Borgaonkar 515 Sandbank Road 5/16/98 Mount Holly Springs, Pa. Evan Tyler Borgaonkar 515 Sandbank Road 1/12/00 Mount Holly Springs, Pa. The children were born in and out of wedlock. The children are in the custody of: Jill S. Borgaonkar and Rajendra D. Borgaonkar. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Jill S. Borgaonkar Rajendra D. Borgaonkar 515 Sandbank Road Mount Holly Springs, Pa. birth to present. The mother of the children is: Jill S. Borgaonkar, currently residing at: 515 Sandbank Road, Mount Holly Springs, Pennsylvania. She is married. The father of the children is: Rajendra D. Borgaonkar, currently residing at: 515 Sandbank Road, Mount Holly Springs, Pennsylvania. He is married. 16. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the father and the children. 17. The relationship of defendant to the children is that of Father. The persons that the defendant currently resides with are: the mother and the children. 18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of 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 served by granting the relief requested because:-Mother has been the prLm= caretaker of the children since birth and can provide a stable and loving home for he children during the divorce 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children. Respectfully submitted, Date: J Adams, Esquire No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I 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.C.S. §4904 relating to unworn falsification to authorities. 7-9-oa S aintiff uj c' f1. A i_ ALA: L F-- C J ?.. tD -? UJ t N Z) C-1 U L-A 0 9 lz?ll p A ? JILL S. BORGAONKAR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-3362 CIVIL ACTION LAW REJENDRA D. BORGAONKAR IN CUSTODY DEFENDANT AND NOW, Tuesday, July 23, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 08, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X Gilroy, Esq. y?K" Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 r C'O- off= ? Z°O o? =L JILL S. BORGAONKAR Plaintiff Vs. REJENDRA D. BORGAONRAR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE #02-3362 CIVIL TERM ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C P 4 02 (B) AND PA RC P 1920.4 I, the undersigned Defendant in the above-captioned action, hereby accept service of the Divorce Complaint filed in the above-captioned matter on July 16, 2002. Date: g_ Zz3 ~p _._...? ....... Raje . Borgaonkar 0 C ?, !!3 n L L. o c x' CJ j L . {V I it ` i SEP 0 4pz JILL A. BORGAONKAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RAJENDRA D. BORGAONKAR, : NO. 02 - 3362 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this 5 (tt day of 5 f pl C -j, L tS , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jill S. Borgaonkar, and the Father, Rajendra D. Borgaonkar, shall enjoy shared legal and shared physical custody of Nicholas Borgaonkar, born September 24, 1995; Noah Borgaonkar, born May 16, 19918; and Evan Borgaonkar born January 12, 2000. 2. As long as the parties continue to live together, there shall be no specific physical custody arrangement except for the parties enjoying a shared physical custody situation with the minor children. 3. In the event the parties separate, physical custody shall be shared equally on a week on/week off basis with exchange of custody to be Sunday evening at 6:00 p.m. unless agreed otherwise by the parties. 4. Upon one of the parties relocating from the marital home, counsel for either party may contact the conciliator directly to have another custody conciliation conference scheduled at which time the conciliator may recommend a modification to this order subject to the circumstances present at that time. BY THE COURT 6 /X/ J. cc: Ruby D. Weeks, Esquire Jane Adams, Esquire JILL A. BORGAONKAR, Plaintiff v RAJENDRA D. BORGAONKAR, Defendant Prior Judge: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 02 - 3362 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Nicholas Borgaonkar, born September 24, 1995; Noah Borgaonkar, born May 16, 1998; and Evan Borgaonkar born January 12, 2000. 2. A Conciliation Conference was held on August 29, 2002, with the following individuals in attendance: The Mother, Jill S. Borgaonkar, with her counsel, Jane Adams, Esquire; and the Father, Rajendra Borgaonkar, with his counsel, Ruby D. Weeks, Esquire. 3. Although the wife has filed for divorce, the parties are still living together in a jointly owned residence and it appears that there is no immediate intention on either party's part to relocate. Based upon those circumstances, the conciliator recommends the entry of an order in the form as attached. ? o Ua DATE Hubert X. Gilro , Esquire Custody Con ' ator FEB 0 4 2003'' JILL A. BORGAONKAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RAJENDRA D. BORGAONKAR, : NO. 02 - 3362 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this ?9 day of February, 2002, upon consideration of the attached Custod Conciliation Report, it is ordered and directed as follows: y 1 • A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the day of , 2003, at q,jo -A.M. At this hearing, the Mot er, Jill A. Borgaonkar, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on these issues, a list of witnesses who will be called to testify at the hearing and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this court, this court's prior order of September 5, 2002 shall remain in effect such that the parties shall continue to egjoy shared legal and shared physical custody with the minor children. The exchange of custody shall be Sunday evening at 6:00 p.m. unless agreed otherwise by the parties. BY TBE COURT, J. Wesley Ole ` cc: Ruby D. Weeks, Esquire Jane Adams, Esquire a /-7 ° 3 ?c.r „ ?'r:, ?? r ,, ? `f?..? -'?? ?a_., ?' +, JILL A. BORGAONKAR, Plaintiff v RAJENDRA D. BORGAONKAR, Defendant Prior Judge: J. Wesley Oler, Jr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02 - 3362 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMM[ARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Nicholas Borgaonkar, born September 24, 1995; Noah Borgaonkar, born May 16, 1998; and Evan Borgaonkar, born January 12, 2000. 2. A Conciliation Conference was held on January 29, 2003, with the following individuals in attendance: The Mother, Jill S. Borgaonkar, with her counsel, Jane Adams, Esquire; and the Father, Rajendra D. Borgaonkar, with his counsel, Ruby D. Weeks, Esquire. 3. The parties were before the conciliator last August at which time they were still living together. At that time, the conciliator recommended an order specifying that there would be no custody arrangement unless the parties separated, at which time the parties would have shared physical custody with an exchange every Sunday evening. The parties just separated this past December. Mother relocated from the marital home and is currently living with her parents. Mother now seeks primary physical custody of the minor children. Father himself also seeks primary physical custody. The parties are unable to reach an agreement and a hearing is necessary. Pending the scheduling of a hearing, the conciliator recommends that the existing shared custody arrangement remain in place. 4. The conciliator recommends the entry of an order in the form as attached. DA Hubert X. Gilro , Esquire Custody Conc' ator [ILL A. BORGAONKAR, Plaintiff V. RAJENDRA D. BORGAONKAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3362 CIVIL IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Jane Adams, Esquire as attorney for Plaintiff Jill A. Borgaonkar with respect to the above-captioned action. Date: -3.77-63 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith O. Brenneman, Esquire and the law firm of LAW OFFICES SNELSAKER. BRENNEMAN & SPARE Snelbaker, Brenneman & Spare, P. C. as attorneys for Plaintiff Jill A. Borgaonkar with respect to the above-captioned action. Date: February 28, 2003 SNELBAKER, BRENNEMAN & SPARE, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Praecipes to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Ruby D. Weeks, Esquire 10 West High Street Carlisle, PA 17013 4W'0??? Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Date: A A /y ZGa3 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE c ?-. ? -; -,:, ,? _,; r:. --- cr? ' ?- t?: i . - _ ?` - ? ;{i; ?_ .+`' (". iti9 JILL S. BORGAONKAR IN THE COURT OF COMMON PLEAS N AR 1. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW sq?] • DIVORCE M D wr$ REJENDRA D. BORGAONKAR Defendant #02-3362 CIVIL TERM ORDER OF COURT Upon consideration of Defendants Petition for Hearing on the petition for special relief and Plaintiffs response thereto, a hearing shall be set on _ the ----R-- day of ?-, 2003, at 1.'o U *o*? . in Court Room No. before the Hono le JJ dge V ?.c?-0 BY T CO / Judge C: Keith O. Brenneman, Attorney for Plaintiff Ruby D. Weeks, Attorney for Defendantlww '/? ) /' r:..= .. ' . . h; s/ ? ; JILL S. BORGAONKAR, Plaintiff V. REJENDRA D. BORGAONKAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE : NO. 02-3362 CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Counterclaim and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Counterclaim or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. By: M //?v v C?? Attorneys for Plaintiff LAW OFFICES SNELBAKER, BRENNEMAN & SPARE JILL S. BORGAONKAR, Plaintiff V. REJENDRA D. BORGAONKAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 02-3362 CIVIL TERM ANSWER WITH COUNTERCLAIM TO DEFENDANT'S PETITION FOR SPECIAL RELIEF Plaintiff Jill S. Borgaonkar, by her attorneys, Snelbaker, Brenneman & Spare, P. C. submits this Answer with Counterclaim to Defendant's Petition For Special Relief. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that Plaintiff moved out of the marital residence on December 23, 2003 after admitting to Defendant that she was involved in a sexual relationship with another man. On the contrary, Plaintiff moved out of the marital residence on December 23, 2002 because Defendant demanded that she leave or he would physically harm her. In addition, Defendant threatened to kill Plaintiff. 7. Admitted. 8. Admitted. 9. Admitted. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 10. Denied. It is denied that Plaintiff continuously comes into the marital residence and -moves marital property for the reason that she has no access to the residence. On the contrary, prior to March 16, 2003, the last time Plaintiff removed any items from the marital residence was in January, 2003 when she removed her personal cosmetics, some clothing and non-marital property. It is denied that Plaintiff has ever caused or created any "scene" in front of the children. On the contrary, Defendant has caused numerous scenes without respect to the presence of the parties' children and their emotional welfare by being physically and verbally abusive to Plaintiff. 11. Admitted, with the qualification that the Petition For Protection From Abuse filed by Plaintiff was granted, giving Plaintiff exclusive possession of the martial home, although it was later dismissed. 12. Admitted, with the qualification that Plaintiff changed the locks on the marital home while she had exclusive possession of the marital home upon the advice of the Pennsylvania State Police. 13. Admitted in part; denied in part. It is admitted only that Defendant called the police LAW OFFICES SNELBAKER. BRENNEMAN & SPARE on March 16, 2003. It is denied that Plaintiff began removing more marital property on March 16, 2003. On the contrary, Plaintiff came to the marital home on March 16, 2003 at the request of Defendant, who used as the pretext of his request the representation that one of the parties' sons had injured himself and there was an emergency. After satisfying herself that there was in fact no emergency, Plaintiff requested to take a clothing outfit for their son for his school picture to be taken the next day, which request Defendant unreasonably refused. By way of further response, Plaintiffs father arrived at Plaintiffs request and intervened when Defendant had placed his hands on Plaintiff and refused to let her go, although Plaintiff is not aware of her Father striking Defendant. Plaintiff has no knowledge as to whether Defendant has filed criminal ,harges against her father; therefore, said allegation is denied. 2 14. Denied. Although Paragraph 14 of Defendant's Petition purports to relate what Defendant "believes", it is denied that any such belief is either reasonable or based on fact. It is denied there is any basis for Defendant to have exclusive possession of the marital residence or to enjoin Plaintiff from removing any marital property on the basis that it would prevent future incidents and possible harm as alleged by Defendant. It is further denied that granting Defendant exclusive possession would prevent Defendant's threatening and abusive acts and behavior towards Plaintiff. 15. Admitted. WHEREAS, Plaintiff requests this Court to deny Defendant's Petition for Special Relief and enter judgment in her favor for the relief requested in the Counterclaim herein together with interest and costs of this action. COUNTERCLAIM FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1920.43 16. The averments of Paragraphs 1 through 15, inclusive, of this Answer are incorporated by reference herein in their entirety. 17. The parties are the owners of the property improved with a residence commonly crown as 515 Sandbank Road, Mount Holly Springs, Pennsylvania (hereinafter the marital esidence"). 18. The marital residence is encumbered by a mortgage given by the parties to National LAW OFFICES SNELBAKER. BRENNEMAN & SPARE City Mortgage (the "Mortgage"). 19. Since the time of the parties obtaining the Mortgage, Defendant has timely made the nonthly payments on the mortgage until December 2002. 20. Defendant has failed and refused to pay the monthly Mortgage payment on the LAW OFFICES SNELBAKER, BRENNEMAN & SPARE marital residence since December 27, 2002, although since that time he has continued to reside in the residence. 21. The parties have received notice that the Mortgage is in arrears and that foreclosure proceeding will be initiated if the Mortgage is not brought current. 22. The sum of $3,591.56 is required to bring the Mortgage current with National City Mortgage. 23. Defendant has advised Plaintiff that he is unable financially to pay the Mortgage. 24. Defendant's failure and refusal to pay the Mortgage on the marital residence is effecting Plaintiffs credit rating. 25. Defendant's failure and refusal to pay the Mortgage on the marital residence will cause the marital residence to be placed in foreclosure by National City Mortgage, incurring additional costs and expenses for which Plaintiff would be liable and reducing, if not jeopardizing completely the equity in the marital residence which is marital property and estimated to be approximately $40,000.00. 26. Defendant has consistently and obstinately refused Plaintiff the opportunity to have access to their children's clothing for use of the children during the periods Plaintiff has custody if the children under the parties' present shared physical custody arrangement. 27. Defendant's failure to allow Plaintiff access to a portion of the children's clothing is inreasonable, without justification, contrary to the best interest and welfare of the parties' hildren and for the purpose of annoying and harassing Plaintiff. seeds. 28. Plaintiff cannot afford to replace all clothing reasonably necessary for her children's 4 29. Plaintiff believes that Defendant may remove marital property, furniture or furnishings from the marital residence. 30. In the event items of marital property, furniture and/or furnishings are removed by Defendant, Plaintiffs interests in same will be prejudiced and her ability to account for and value such items as marital property would be lost. WHEREFORE, Plaintiff requests this Court to issue an Order: 1. Directing that the marital residence at 515 Sandbank Road, Mount Holly Springs, be listed for sale by a licensed real estate agent, sold for its fair market value and the net proceeds of said sale be placed in escrow pending finalization of equitable distribution by mutual agreement of the parties, Court Order or final decision by the Divorce Master; 2. Directing that Plaintiff be permitted to remove a portion of the children's clothing for their use; 3. Enjoining Defendant from removing, selling, disposing of or destroying any marital property, furniture and/or furnishings; 4. Permitting Plaintiff and/or her agents or designees to inventory, photograph and/or videotape the contents of the marital residence, including, but not limited to all furniture and furnishings; and 5. Granting Plaintiff such other and additional which this Court deems just and appropriate. SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE BY: ?6 G Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Jill Borgaonkar Date: March 27, 2003 5 VERIFICATION I verify that the statements made in the foregoing Answer with Counterclaim 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. Ji1 . B?,rgao ---- Date:, LAW OFFICES SNELBAKER, BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Answer with Counterclaim to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Ruby D. Weeks, Esquire Ten West High Street Carlisle, PA 17013 SNELBAKER, BRENNEMAN & SPARE, P.C. By: Keith OI . Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Jill S. Borgaonkar Date: March 31, 2003 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE C 00 JILL S. BORGAONKAR Plaintiff vs. RAJENDRA D. BORGAONKAR Defendant IN THE COURT OF COMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW', In Divorce 02-3362- CIVIL TERM ORDER OF COURT AND NOW, this day of 20 J upon',agreement of the parties, the attached Stipulation and Agreement is r?er of Court. BY J. 4,/uby D. Weeks, Esquire For Defendant VCeith Brenneman, Esquire For Plaintiff L RK9 y-10-Q3 I N VAI ? S NNI? d ,,I ? JILL S. BORGAONKAR, Plaintiff V. RAJENDRA D. BORGAONKAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3362 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of May, 2003, upon consideration of Plaintiff's Motion to Continue Custody Hearing, Defendant-Father's Answer to Plaintiff's Motion to Continue Custody Hearing, and following a conference call between counsel for the parties and Timothy E. Gilsbach, Law Clerk to the undersigned judge, the motion for a continuance is granted, the hearing scheduled for May 28, 2003, is cancelled, and the parties are directed to file a motion rescheduling this matter at such time as a custody evaluation report has been prepared. This Court's prior Order of September 5, 2002, regarding custody, shall remain in effect until further order of court. Xeith O. Brenneman, Esq. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 omey for Plaintiff Ruby D. Weeks, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Defendant ,cam 05 a7-o3 rc BY THE COURT, ?WAIA' ?tl'•1 ?d L????d?0 a PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated the )/ day of 20-Q.1, by and between Rajendra D. Borgaonkar, residing at 515 Sandbank Road, Mt. Holly Springs, Cumberland County, PA 17065 Social Security Number 460-47-8456, hereinafter called the "Husband", and Jill S. Borgaonkar, formerly Jill S. Markel, residing at 28 Woodview Drive, Mt. Holly Springs, PA 17065, Social Security Number 171-54- 3101, hereinafter called the "Wife", who agree as follows: W I T N E S S E T H: WHEREAS, the parties are Husband and Wife, having been married on May 10, 1997, in Carlisle, Cumberland County, Pennsylvania. The parties separated December 23, 2002. WHEREAS, there have been issue of the marriage, to wit: Nicholas Borgaonkar, born 9/24/95, Noah Borgaonkar, born 5/16/98 and Evan Borgaonkar, born 1/12/00, hereinafter referred to as the Children. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto 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 matters between them relating to the ownership and equitable distribution of 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 respective estates. NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. 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 occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a2 mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1960 as amended by Act No. 1990, 206 effective 3-19-91, et. seq. and shall execute affidavits of consent and waiver of notice of intent to finalize the divorce at the time this agreement is signed. 2. EFFECT OF DECREE. NO MERGER It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement 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 should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is further understood that Pennsylvania law provides that "a provision of an Agreement regarding child support, visitation or custody shall be subject to modification by the Court upon a showing of changed circumstances". 2 It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into the divorce judgment or decree. This incorporation, however, shall not be regarded as a merger; it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except with regard to child support and child custody, no court may change the terms of this agreement, and it shall be binding and conclusive upon the parties. In the event of a reconciliation, attempted reconciliation, or other cohabitation of the parties hereto after the date of this agreement, this agreement shall remain in full force and effect in the absence of a written agreement signed by both parties expressly stating that this agreement has been revoked or modified. 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Ruby D. Weeks, Esquire, for Husband, and Keith O. Brenneman, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been. fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into 3 freely and voluntarily, after having received such advice and with such knowledge and that 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. 5. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that Wife and Husband do not wish to exercise their right to have appraisals by experts as to the value of the various interests of the parties. The parties understand that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. 6. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 7. OBTAINING INFORMATION ON FINANCES Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances with regard to equitable distribution. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property for inspection. The parties agree to waive any further discovery. 4 8. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. 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. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 9. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 10. MUTUAL RELEASES Husband and wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 (a) Pennsylvania, (b) any State, 5 Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 11. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and. personal, which was legally and beneficially acquired by Husband and wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each 6 party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 12. Distribution of Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property, and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife, except that the Wife to the extent said items are located at 515 Sandbank Road, Mt. Holly Springs, Pennsylvania, wife is to remove them within ten (10) days of the date of this agreement, and is to receive 1998 Dodge Grand Caravan, wife's State Farm variable life insurance, wife's 401(k) and deferred compensation from Cumberland County Nursing Home and the items listed on Appendix "A" and the Husband is to receive real property located at 515 Sandbank Road, Mt. Holly Springs, PA, and at 730, 733 Newberry Street, York, PA 724, 726 & 728 Newberry Street, York, PA which are non-marital property, 1997 Chevy Suburban, 1970 E1 Camino, husband's Allfirst 401(k), husband's Prudential life, Husband's insurance through his employer, silver coins, stamps, all household contents except those listed on Appendix "A" hereafter. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 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 possessions of each of the parties hereto. 7 13. Real Property: The parties recognize that they own as tenants by the entirety real property known as 515 Sandbank Road, Mt. Holly Springs, PA with a mortgage at National City Mortgage with an approximate balance of $140,000.00; and 730 and 733 Newberry Street, York, PA with a mortgage at American General with an approximate balance of $131,000.00 For the mutual promises and covenants contained in this Agreement, Wife agrees to convey to Husband all right, title, claim, or interest she may have by equitable distribution or otherwise in and to these properties. These conveyances shall take place simultaneously with execution of this agreement. Husband agrees his attorney shall hold said deeds and not record them until such time as the Husband refinances said properties. Husband agrees to refinance the mortgages in his sole name within (90) days of the date of this agreement. If he is unable to do so, said properties shall immediately be listed for sale with a Realtor and sold with the husband to receive all proceeds of sale less marital debt incurred here. Husband agrees to indemnify Wife for any loss, including counsel fees, that she might suffer as a * result of default upon these mortgages. 14. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1997 Chevy Suburban titled to Husband, shall become and remain the sole and exclusive property of the Husband. It is security for a loan at Waypoint Bank with a balance of approximately $14,000.00, and Husband agrees to indemnify and hold harmless the Wife from any and all liability for this debt. (b) The 1970 Chevy E1 Camino titled to Husband, shall become and remain the sole and exclusive property of the Husband. There is no debt for this vehicle. *Husband further agrees to pay all utilities, taxes and all other (i expenses associated with the real estate identified in Paragraphs 12 and 13 (to the extent not paid by tenants, where applicable) and to indemnify and hold Wife harmless of and from all such cost and expenses, including counsel fees due to Husband's failure to pay same. 8 (c) The 1998 Dodge Grand Caravan, titled jointly, shall become and remain the sole and exclusive property of the Wife. The Husband's parents paid off this debt in the amount of $1,600 which was included as part of the home equity loan of the parties repaid by Husband's parents. 15. GENERAL: (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, certificates of deposit and securities. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, certificates of deposit, and securities. (3) Husband and Wife agree that the party who is receiving the property shall pay all costs, including attorney fees, of transferring any property necessary to be titled from joint ownership to that of either party. 16. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 17. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 18. CASH PAYMENTS Husband and wife agree, as part of the consideration for all of the agreements entered into pursuant to this final Property Settlement Agreement, including the transfer of all real and personal property as set forth in this 9 agreement, that Husband shall pay to Wife the sum of $5,000.00 upon execution of this Agreement. * 19. MARITAL DEBTS: Husband and wife agree that the debts incurred by Husband and Wife during the marriage shall be allocated as follows: Husband shall assume and be solely responsible for the repayment of the Prudential Mastercard with an approximate balance of $5,000.00, the Choice Visa with an approximate balance of $6,500.00, American Express with an approximate balance of $7,000.00, Allfirst line of credit with an approximate balance of $3,200.00 and the joint debt to his parents with an approximate balance of $25,000.00 left of the $40,000.00 borrowed. The Wife shall assume her Member's 1st debt with an approximate balance of $8,000.00, her Fleet credit card and her First USA debt. The party assuming a debt agrees to hold the other party harmless and to indemnify the other party from and against repayment for any and all such debts liabilities, or obligations of any kind whatsoever arising from the debt. 20. FUTURE DEBTS: Husband and wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. *Husband further agrees to pay Wife the sum of $1,500.00 within ten days of the date of this agreement in lieu of Wife receiving the diamond earrings and diamond Indian necklace identified on Appendix A. 10 21. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 22. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 23. ASSUMPTION OF LIABILITIES. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 24. DEPENDENCY EXEMPTIONS The parties shall alternate claiming the children as tax dependents for federal tax purposes, with the wife claiming Nicholas in odd-numbered years and the Husband claiming Evan & Noah in odd-numbered years. In even-numbered years, this shall be reversed and the Husband will claim Nicholas and the Wife shall claim Evan and Noah. The parties agree to sign whatever documents are necessary to effectuate this paragraph for the Internal Revenue Service. 11 25. WAIVER OF SPOUSAL SUPPORT ALIMONY PENDENTE LITE AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 26. HEALTH INSURANCE Wife agrees she shall obtain health insurance coverage through her employer at her expense. 27. RETIREMENT FUNDS A. The Husband, who has been employed by Allfirst Bank, now M & T Bank, Carlisle, Pennsylvania, has accumulated benefits in his retirement account. It is agreed by the parties that the Wife shall waive any interest she may have in any of the benefits, including retirement, which the Husband may have as a result of his employment. B. The Wife, who is employed at Cumberland County Nursing and Rehabilitation Center, Carlisle, Pennsylvania, also has retirement and other employee benefits, including deferred compensation. It is agreed by the parties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the wife may have as a result of her employment. 28. 2002 TAXES Husband agrees within ten days of the date of this agreement to submit to his accountant all information necessary for the preparation of the parties' 2002 income tax returns. The parties agree that the 2002 federal tax refund will be used to have a custody evaluation done by Arnold Shienvold, Ph.D. and the balance of the refund shall be divided equally between the parties. 12 29. ATTORNEY FEES. COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 30. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement. The breaching party shall be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 31. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 32. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 33. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 13 34. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 35. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such. party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 36. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties. 37. SUBSEQUENT DIVORCE Wife has filed a divorce complaint. In the event such divorce action is concluded, Husband shall be entitled to receive a copy of the Decree in Divorce for the normal fee charged by the Prothonotary and shall not be assessed any costs of the proceeding, except as previously agreed to herein in Paragraph 31. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement, which shall be incorporated by reference into the Divorce Decree, and this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 14 38. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may- reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 39. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 40. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith, and within at least ten (10) days after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 41. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness Witness Raj ra D. Borgaonkar Jill Borgaon] a ? 15 COMMONWEALTH OF PENNSYLVANIA es COUNTY OF CUMBERLAND On this, the day of U?71'O b.Q/L 20.Ga, before me, a Notary Public, the undersigned officer, personally appeared Rajendra D. Borgaonkar, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. NOTARIAL SELL CAROL A. MORROw, CoPubic u* Carlisle B"*, C23 2007 ja"m MyComR1mlon E*M- Notary Public COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the day of OGwpN 200 before me, a Notary Public, the undersigned officer, personally appeared Jill S. Borgaonkar, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. otary Public >=si LN ry Pubis OMWh"tltlF . Ase0CWM' of N 'WG 16 APPENDIX "A" List of Property in Marital Home Jill would like to have Laundry Room New Kenmore Washer (gift) New Kenmore Dryer (oft) New Kenmore Vacuum Bissel Carpet Cleaner DeicaFlowers and N iscellaneoms Craft Items Kitchen --- 4dWF Obout Cake pEO/Lasagna pan r All'Fampercd Chef Stoneware Dining Room .. wgw --.... Apple Bnx . - Cake Plate _ Mikasa Vases Living Room Gold Cmir" "Lamp-on Table Toy.Bec... . - WVWth oa-wall Family Room Crreen Rocking Chair Z green end'tabl <s -'- Wr=ttrorrWA Master Bedroom - -..Antique Side Table and Lamp on it PapesabChak.. ... 2.Bookshelvee Floor Lamp r -''Antique Mirror (gift) Resevf• meisMytloset.. . Filing Cabinet-in Ball closet Blanket Chest All Books that are mine Silver Rath is Bathroom Noah's Room oneeew(belongs to my parents) Toy Box. Some of his toys Nicholas' Room J Sotacothia?ooks . . •'I)p?`aSidGhaP q men" Some of his toys and staffed Animals ?e3oie_?Sb1G5 Evan's Room Bookshelf Lamp "-Some-uf his toys and stuffed Animals - Soaxof his books Kids Stuff (belongs to my parents) e Stmt "Zhoom Wooden Train Set, Trains, and Table --SormrHee+vheels Garage and Shed .New Tool Box 2 Regular and 2 Phillips Screwdrivers Hatruner Pliers Ham' - Colbga8ml?_. .6eril?eeeHH? Weigh& sad exercise videos . EaraeoperAcer jack, rake andmetalsRp ladder (belongs to my parents) "Want Diamond Ean inns sad Diamond Indian Nccklace back or appraisc and give me the full value $ 1, 5 0 0. 0 0 "•Any other Items forgotten that arc agreed upon by both parties n C_ c> n CJ 'ri 'S3 (? ZTr 5'c: r? JILL S. BORGAONKAR, Plaintiff V. RAJENDRA D. BORGAONKAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3362 CIVIL IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 16, 2002. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE request entry of the decree. 4. 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: November 6, 2003 S Jill S. B aonkar C cl _ ?'r f Cn 1 ?C r ?J JILL S. BORGAONKAR IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIVORCE REJENDRA D. BORGAONKAR Defendant #02-3362 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in D!!livorce under Section 3301(c) of the Divorce Code was filed on July 16, 200/. 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 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 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. §4904 relating to unsworn falsification to authorities. Dated: 11-y-0 3 -D. Borgaonlcar, Defendant Sworn and subsci ed to befor me th's '7`t/_ day of , 2003 Notary Public CAROL A. MORROW, Notary Publicy hE>q June?d C 206/ ? ?, <_: c> ?? ?? .p ' z:,-, ' -? r , ''_ r-4?: 'ra (" ? L iv -` % -? rn ? -G n },' .,,a .o JILL S. BORGAONKAR, Plaintiff V. RAJENDRA D. BORGAONKAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3362 CIVIL IN DIVORCE PLAINTIFF'S 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. 4. I verify that the statements made in this affidavit are true and correct. I understand LAW OFFICES SNELBAKER. BRENNEMAN & SPARE that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: November 6, 2003 4LZ Jill S. rgaonkar ?f ZIL C c JILL S. BORGAONKAR Plaintiff Vs. REJENDRA D. BORGAONKAR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE • #02-3362 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 5 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 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: !/-V-0..J 7endra D. Hoxgaonkar, Defendant c `-.' c;, `r vu ?. 3 mR, - :-t z?: v? ? ? - ? --? S>? 'ii .._ C?J 4>' 1 ? ?' `+1 -t7 -G JILL S. BORGAONKAR, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RAJENDRA D. BORGAONKAR, Defendant NO. 02-3362 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Acceptance of Service by Defendant on August 28, 2002 and filed on August 29, 2002. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: November 6, 2003; by the Defendant: November 4, 2003. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: 6, 2003; by the Defendant: November 4, 2003. 5. Related pending claims: None. SNELBAKER, BRENNEMAN & SPARE, P. C. lV yfoil%c 7, 2 e,,J By: Attorneys for Plaintiff LAW OFFICES SNELBAKER, BRENNEMAN & SPARE n ?= cs ?, `, - ?? ??? ? s ?. Z[" e "?? ?' L(-j ? ??.'r-j rn DC N ; `` a L ? ... t -G fA K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JILL S. BORGAONKAR, Plaintiff VERSUS RAJENDRA D. BORGAONKAR, Defendant NO. 02-3362 Civil DECREE IN DIVORCE AND NOW 0 wAVL-t I t-)- alb 3 SS f. A 2003 , IT IS ORDERED AND DECREED THAT JILL S. BORGAONKAR , PLAINTIFF, AND RAJENDRA D. BORGAONKAR DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None The parties' Property Settlement Ag-emeat dated October 17, 2003 is incorpora_,nd-JALt not merged in this Decree. ATTEST: PROTHONOTARY ?"?n?,y? ? ? °°y?-,alb-,v` ?? ?.Z?av ? . h/? 1? t'•, IN THE COURT OF COMMEON PLEAS OIA CUMBERLAND COUNTY, Plaintiff ?q g _ 3 3 Vs File No. IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one liy marking "x" l prior to the entry of a Final Decree in Divorce, A or after the entry of a Final Decree in Divorce dated /Ul?`(,I?116?f ?Z . l 3 and gives this hereby elects to resume the Cerlitention surname of written notice avowing his pursuant o the provisions of 54 P.S. 704. Date: l] ` 03 Si ature ignature of name being resumed COMMONWE?II T OF PE INSYLVANIA COUNTY O On the alfki day of / A-Aw?btQ---?, 20QI before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL No Public JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 C C+2 <:l - ?) ('JI _ i7 ' ' . f` ? ' (? ' ( z ? - ? ?) I C9 (, 6, 'D > , ? C M15 0 MARK F. BAYLEY, ESQUIRE BAYLEY do MANGAN 17 w. SOUTH ST. CARLISLE PA 17013 (717)241-2416 ATTORNEY ID NO.87663 ATTORNEY FOR DEFENDANT Jill A. Borgaonkar, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Rajendra D. Borgaonkar, No. 02 - 3362 CIVIL Defendant IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER AND NOW COMES Rajendra D. Borgaonkar, by and through his attorney Mark F. Bayley, Esquire, and in support of the within Petition avers as follows: 1. A Court Order was entered on September 5, 2002 providing for shared physical custody on a week on/week off basis with regard to the parties' three children. (Order is attached as Exhibit "A".) 2. As of September 2, 2007, Mother has willfully failed to comply with the terms of said order by failing to turn over all of the children to Father. 3. Father has requested Mother to comply with the Court Order and she continues to fail to do so to date. 4. The'Honorable"Wesley Oler, Jr. has been assigned to this case. WIIEREFORE, Father requests: (a) That Mother be found in contempt for the willful violation of the Order of Court issued on September 5, 2002; (b) Mother be ordered and directed to follow the Custody Order in full; (c) Father be awarded compensatory custodial time for the time wrongfully deprived from his by Mother; (d) Mother be assessed the monetary penalty for the contempt of the Court's Custody Order pursuant to 23 Pa.C.S.A. §4346(a)(2); (e) Father be awarded restitution and attorney fees which the Court deems is equitable, and just; and (f) That Mother be incarcerated in the Cumberland County Prison should she continue to fail to abide by the Court's Order. Date: Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esqv& 17 W. South St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Father Jill A. Borgaonkar, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Rajendra D. Borgaonkar, No. 02 - 3362 CIVIL Defendant IN CUSTODY VERIFICATION I 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 unworn falsification to authorities. Date Rajendra D. Borgaonkar Jill A. Borgaonkar, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Rajendra D. Borgaonkar,. No. 02 - 3362 CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Father do hereby certify that I this day served a copy of the within Petition upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jill A. Borgaonkar 460 Plaza Drive Boiling Springs, PA 17007 Mark F. Bayley, E e Attorney for Petitioner ?` -+v ??j ? ?C ,, `? ? .? ?'? ?' w a ?? JILL A. BORGAONKAR IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. RAJENDRA D. BORGAONKAR DEFENDANT • 02-3362 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 14, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursdav, October 11, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. GBro , Esq. i Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 A /7 ka, y /r,sw 4jj -,.Vv fah/6 AmM 438 S I :C. Wd h I d3S LOOZ 1?W'IONOH 08d 34L 40 JILL A. BORGAONKAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3362 CVIL TERM RAJENDRA D. BORGAONKAR, CIVIL ACTION -LAW Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Date: 9/_' V-0 7 Keith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. This entry of appearance is only for a special apfearanc n reg9rds to the pending Petition for Contempt and my appearance is being entered only for that matter. Plaintiff shall proceed pro se in all other matters. Respectfully submitted, Date: 1 b - 1- Q-1 Hannah Herman-Snyder, Esq ire Griffie and Associates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 --, r..' -., ,.?? ,-`?, -n ,_., -, --? n ?. i w ?? ? ?- Y . >-- _. -:_; -; t- r -_? _: a"- "` / i Jill A. Borgaonkar, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Rajendra D. Borgaonkar, No. 02 - 3362 CIVIL Defendant IN CUSTODY PRAECIPE TO WITHDRAW PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER FILED SEPTEMBER 11, 2007 TO THE PROTHONOTARY: The parties are in agreement to withdraw the Petition for Civil Contempt for Disobedience of a Custody Order filed on September 11, 2007. Kindly mark said petition as withdrawn. z ? Date: _VV Mark F. Bayley, quire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Defendant A Ak. Jill A. Borgaonkar, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Rajendra D. Borgaonkar, No. 02 - 3362 CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Hannah Herman-Snyder, Esquire 200 North Hanover Street Carlisle, PA 17013 Dated: U\---, - Mark F. Bayley, squire Attorney for Defendant ? r- ? Q G_ w rTl r, C? FEB 1 2 Zoos /' JILL A. BORGAONKAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RAJENDRA D. BORGAONKAR, NO. 2002-3362 Defendant IN CUSTODY COURT ORDER AND AND NOW, this v day of February, 2008, the Conciliator having been advised that the Petitioner has withdrawn the Petition for Contempt in the above case, the Conciliation scheduled for February 8, 2008 is cancelled and the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, quire Custody Concili or ?lRy ??? , . .+,?`?? ,??; . r-