Low Offices of Ashok K. Karmaker, P.C. September 7, 2017 Emon Barua ID# 283932 30-35 HACKENSACK AVENUE, KEARNY, NY 07032 Re: Index No. 8850/2017, Nitu Barua vs Emon Barua, ‘County of Queens, New York Dear Mr. Barua: This is in reference to the above-captioned matter. This office has been retained by your wife Ms. Nitu Barua to initiate a divorce proceedings against you on the basis as described in the attached Summons with Notice. Affidavit of Defendant and Stipulation have also been enclosed herewith for you to sign, if you agree with the contents. Please be advised that this office represents your wife and we are not in a position to advise you on this matter. For any legal issue you should contact a lawyer of your choosing. If you would agree please sign the enclosed Affidavit of the Defendant and Stipulation before a Notary Public, keep a copy for your reference and send the originals to this office at: Law Offices of Ashok K. Karmaker, P.C. 143-08 Hillside Avenue Jamaica, NY 11435 If you have any question please feel free to contact this office at (212) 714- 3599, Sincerely, Ate ASHOK K. KARMAKER Attorney at Law ‘Queens Main Office Gia) 05-3203 (eenSUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF QUEENS a -X_ Index No. 8850/2017 Date Summons Filed: August 31, 2017 NITU BARUA, Plaintiff designates Queens County as the place of trial. ‘The basis of venue is Plaintiff's residence. Plaintiff, SUMMONS WITH NOTICE -against- Plaintiff resides at 89-19 211TH STREET, QUEENS VILLAGE, NY 11427. EMON BARUA, ACTION FOR DIVORCE To the above named Defendant: YOU ARE HEREBY SUMMONED to serve a notice of appearance on the Plaintiffs Attorney within twenty (20) days afier the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear, judgment will be taken against you by default for the relief demanded in the notice set forth below. Dated: August 31, 2017 hele Ft ‘Ashok K. Karmaker, Esq. Attorney for Plaintiff 143-08 Hillside Avenue Jamaica, NY 11435 (212) 714-3599 NOTICE: The nature of this action is to dissolve the marriage between the parties, on the grounds: DRL Section 170 subd. (7) - the relationship between the Plaintiff and Defendant has broken down irretrievably for a period of at least six months.The relief sought is a judgment of absolute divorce in favor of the Plaintiff dissolving the martiage between the parties in this action. The nature of any ancillary or additional relief demanded is: ‘That the Plaintiff shall have custody of the Child of the marriage, ESHAN ROY BARUA, born on January 4, 2010. That the Defendant shall have reasonable rights of visitation with the Child away from the custodial residence. That the Family Court shall have concurrent jurisdiction with the Supreme Court with respect to any future issues of maintenance, child support, custody and visitation, ‘That the parties do not require maintenance and no claim will be made by either party for maintenance. I am not seeking maintenance as payee as described in the Notice of Guideline Maintenance. ‘That the Defendant shall pay to the Plaintiff Twenty Five Dollars ($25) per month on the first day of each month for child support. That the parties do not require payment of counsel and experts’ fees and expenses. ‘That both parties may resume the use of any prior surname. ‘That the Court grant such other and further relief as the Court may deem fit and proper. ‘The parties have divided up the marital property, and no claim will be made by either party under equitable distribution. (Form UD-1 - 1/25/16)NOTICE OF ENTRY OF AUTOMATIC ORDERS (D.R.L. 236) Rev. 1/13 FAILURE TO COMPLY WITH THESE ORDERS MAY BE DEEMED A CONTEMPT OF COURT PURSUANT TO the Uniform Rules of the Trial Courts, and DOMESTIC RELATIONS LAW Section 236, Part B, Section 2, both you and your spouse (the parties) are bound by the following AUTOMATIC ORDERS, which have been entered against you and your spouse in your divorce action pursuant to 22 NYCRR Section 202.16(a), and which shall remain in full force and effect during the pendency of the action, unless terminated, modified or amended by further order of the court or upon written agreement between the parties: (1) ORDERED: Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, ‘mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attomey's fee in connection with this action, (2) ORDERED: Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of any tax deferred funds, stocks or other assets held in any individual retirement accounts, 401k accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court; except that any party who is already in pay status may continue to receive such payments thereunder. (3) ORDERED: Neither party shall incur unreasonable debts hereafter, including, but not limited to, further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against credit cards, except in the usual course of business or for customary or usual housing expenses, or for reasonable attorney's fees in connection with this action. (4) ORDERED: Neither party shall cause the other party or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each party shall ‘maintain the existing medical, hospital and dental insurance coverage in full force and effect. (5) ORDERED: Neither party shall change the beneficiaries of any existing life insurance policies, and each party shall maintain the existing life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect. IMPORTANT NOTE: After service of Summons with Notice or Summons and Complaint for divorce, if you or your spouse wishes to modify or dissolve the automatic orders, you must ask the court for approval to do so, or enter into a written modification agreement with your spouse duly signed and acknowledged before a notary public.NOTICE CONCERNING CONTINUATION OF HEALTH CARE COVERAGE (Required by Section 255(1) of the Domestic Relations Law) PLEASE TAKE NOTICE that once a judgment of divorce is signed in this action, both you and your spouse may or may not continue to be eligible for coverage under each other's health insurance plan, depending on the terms of the plan.NOTICE OF GUIDELINE MAINTENANCE If your divorce was commenced on or after January 25, 2016, this Notice is required to be given to you by the Supreme Court of the county where your divorce was filed to comply with the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015) because you may not have counsel in this action to advise you. It does not mean that your spouse (the person you are married to) is seeking or offering an award of "Maintenance" in this action. "Maintenance" means the amount to be paid to the other spouse for support after the divorce is final. You are hereby given notice that under the Maintenance Guidelines Law (Chapter 269, Laws of 2015), there is an obligation to award the guideline amount of maintenance on income up to $178,000 to be paid by the party with the higher income (the maintenance payor) to the party with the lower income (the maintenance payee) according to a formula, unless the parties agree otherwise or waive this right. Depending on the incomes of the parties, the obligation might fall on either the Plaintiff or Defendant in the action. There are two formulas to determine the amount of the obligation. If you and your spouse have no children, the higher formula will apply. If there are children of the marriage, the lower formula will apply, but only if the maintenance payor is paying child support to the other spouse ‘who has the children as the custodial parent. Otherwise the higher formula will apply. Lower Formula 1. Multiply Maintenance Payor’s Income by 20%. 2. Multiply Maintenance Payee's Income by 25%. Subtract Line 2 from Line 1 = Result 1 Subtract Maintenance Payor's Income from 40 % of Combined Income* = Result 2. Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero. THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE LOWER FORMULA. Higher Formula 1. Multiply Maintenance Payor's Income by 30% 2. Multiply Maintenance Payee's Income by 20% Subtract Line 2 from Line 1 = Result 1 Subtract Maintenance Payor's Income from 40% of Combined Income* = Result 2 Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero. THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE HIGHER FORMULA. * Combined Income equals Maintenance Payor's Income up to $178,000 plus Maintenance Payee's Income. Note: The Court will determine how long maintenance will be paid in accordance with the statute. (Eff. 1/25/16)SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS aa a -X_ Index No. 8850/2017 NITU BARUA, Plaintiff, AFFIDAVIT OF DEFENDANT -against- EMON BARUA, TO THE DEFENDANT: You should read the Defendant's Affidavit Notes on the last page of this Affidavit before completing this form. For instructions on how to fill out this form, see p. 20 of the instructions for Uncontested Divorces with Children which may be found at any ‘Supreme Court Clerk's Office or online at http://www nycourts.gov/divorce/pdfs/divorce-packet-instructions.pdf 18s. EMON BARUA, being duly sworn, says: 1. Lam the Defendant in this action for divorce, and I am over the age of 18 years. I reside at 30-35 HACKENSACK AVENUE, KEARNY, NY 07032 2. I admit service of the Summons with Notice for divorce on , 2017, based upon the following grounds: DRL Section 170 subd. (7) - the relationship between the Plaintiff and Defendant has broken down irretrievably for a period of at east six months. I also admit service of the Notice of Automatic Orders, the Notice of Guideline Maintenance and the Notice of Continuation of Health Care Coverage which accompanied the Summons with Notice. 3. Lappear in this action; however, I do not intend to respond to the summons or answer the complaint and I waive the twenty (20) or thirty (30) day period provided by law to respond to the summons or answer the complaint. I waive the forty (40) day waiting period to place this matter on the calendar, and I hereby consent to this action being placed on the uncontested divorce calendar immediately. 4. Tam not a member of the military service of the United States, New York or any other state or territory.5. I waive the service of all further papers in this action except for a copy of the final Judgment of Divorce. I specifically waive the service upon me of the Note of Issue, Request For Judicial Intervention, Barriers to Remarriage Affidavit, proposed Findings of Fact and Conclusions of Law, proposed Judgment of Divorce, Notice of Settlement, and any other notices, pleadings and papers in this action. I, however, specifically reserve the right to receive acopy of any Judgment as ultimately may be granted in this action. I further waive all statutory waiting periods prior to judgment. 6. Tam not seeking equitable distribution other than what was already agreed to in our written Stipulation of Settlement. I understand that I may be prevented from further asserting my right to equitable distribution. 7. 1 am not seeking maintenance as payee as described in the Notice of Guideline Maintenance as already agreed to in our written Stipulation of Settlement. 8. The relationship of the Plaintiff and Defendant has broken down irretrievably for a period of more than six months. All economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, and the payment of counsel and experts’ fees and expenses, as well as custody and visitation with infant children of the marriage, have been resolved by the parties in our Stipulation of Settlement and are to be incorporated into the Judgment of Divorce. 9. The marriage was not performed by a clergyman, minister or leader of the Society for Ethical Culture. 10. Tam not the custodial parent of the Child of the marriage. I consent to the granting of the child support payments and other relief requested in the Summons with Notice. have been advised of the provisions of the Child Support Standards Act. I also have received a copy of the Child Support Standards Chart promulgated by the commissioner of Social Services pursuant to Section 111-i of the Social Services Law. I have been advised that the basic child support obligation presumptively results in the correct amount of child support. The child support to which I am consenting conforms with the non-custodial parent's share of the basic child support obligation. Pursuant to DRL Sec. 240 1(a-1) Records Checking Requirements: An Order of Protection has never been issued against me, enjoining me or requiring my compliance. An Order of Protection has never been issued in favor of or protecting me or my Child or a member of my household. List all Family/Criminal Court Docket #'s and Counties, Supreme Court Index #’s and Counties: N/A L_] Tor my Child or my spouse have been a party in a Child Abuse/Neglect Proceeding (FCA Art. 10). List all Family Court Docket #’s and Counties: N/A.[X] I or my Child or my spouse have never been a party in a Child Abuse/Neglect Proceeding (FCA Art. 10). [ ] Iam registered under New York State's Sex Offender Registration Act. List all names under which you are registered and any related information: N/A [X] Iam not registered under New York State's Sex Offender Registration Act. Under DRL Sec. 236B(9)(b) (and FCA Sec. 451) parties have the right to seek a modification of a child support order upon a showing of (i) a substantial change in circumstances, or (ii) that three years have passed since the order was entered, last modified or adjusted, or (iii) there has been a change in either party's gross income by fifteen percent or more since the order was entered, last modified or adjusted. The Plaintiff and Defendant have elected to opt out of the above subparagraphs (ii) and (iii) in a stipulation executed by the parties. 11. I acknowledge receipt of the Notice of Guideline Maintenance from the Court pursuant to DRL 236 B(6), Chapter 269 of the Laws of 2015, which was served with the Summons. 12. T have been provided a copy of the Notice Conceming Continuation of Health Care Coverage. I fully understand that upon the entrance of a judgment of divorce, I may no longer be allowed to receive health coverage under my former spouse's health insurance plan. I may be entitled to purchase health insurance on my own through a COBRA option, if available, and otherwise I may be required to secure my own health insurance. ‘ ubiS EMON BARUA. ‘Subscribed and swom to before me on Notary Publ My commission expires on (Form UD-7 - 3/1/16)Defendant's Affidavit Notes If you have been served with a Summons with Notice or a Summons and Complaint in an action for divorce, ask yourself these two questions: Do I oppose the divorce itself? Do I oppose anything else my spouse is asking for in the divoree papers? ‘You may want to discuss your situation with a lawyer before deciding on your final answers to these questions. If you answered "Yes" to either of the two questions, do not sign this form. If you are opposing the divorce or anything else your spouse is asking for, you should talk with a lawyer immediately, since there are time limits for you to respond to the divorce. The Supreme Court Clerk's Office in the county where you live (if you live in New York State) may be able to help you with information about lawyer referral services, but cannot give you legal advice. If you have decided to agree to the divorce and to the other things your spouse is asking for, or if you and your spouse have worked out a written settlement agreement about everything involved in the divorce, you can sign the Affidavit of Defendant form and have it notarized before a notary public, and send it back to your spouse or your spouse's attomney. If DRL Sec. 170(7) is the ground alleged in the summons with notice or complaint, then all economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses, as well as the custody and visitation with the minor children of the marriage, must have been resolved by the parties or determined by the court and incorporated into the judgment of divorce.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS eeeeee- oo Index No. 8850/2017 NITU BARUA, Plaintiff, STIPULATION OF SETTLEMENT -against- EMON BARUA, Defendant. STIPULATION, made this, day of August, 2017, between NITU BARUA, residing at 89-19 211TH STREET, QUEENS VILLAGE, NY 11427 (hereinafter referred to as the "Wife"), and EMON BARUA, residing at 30-35 HACKENSACK AVENUE, KEARNY, NY 07032 (hereinafter referred to as the "Husband". WHEREAS, the parties hereto were duly married in NEW YORK, on December 3, 2009; and WHEREAS, there is one child of the marriage, namely ESHAN ROY BARUA (hereinafter referred to as the "Chil marriage; and and there are no additional or expected issue of the WHEREAS, the Wife as Plaintiff has instituted an action for divorce against the Husband as Defendant which is now pending in the Supreme Court of New York State, Queens County, and is designated by Index No. 8850/2017, wherein the Wife prays for a judgment of divorce against the Husband; and WHEREAS, each party has been advised of their rights to obtain full disclosure of the other party's financial condition, including income, expenses, assets, liabilities and assets transferred, and have obtained full and satisfactory disclosure of such; andWHEREAS, the parties desire to settle the aforesaid action for divorce and all questions relating thereto, and to settle their financial, property and other rights and obligations arising out of the marriage and otherwise. NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follo 1, Settlement. The Husband, as Defendant in the aforesaid action for divorce, hereby waives the time of the Defendant to answer the complaint, and consents to the Wife, as Plaintiff, obtaining an uncontested judgment of divorce. Various financial and property rights, rights pertaining to the care and custody of the Child and visitation, and other privileges, obligations and matters with respect to the Husband and Wife arising out of their marital relationship are set forth in this Stipulation. The parties agree that the provisions of this Stipulation shall be incorporated in any judgment or decree of divorce, and that this Stipulation shali survive, and not be merged in, any judgment, decree or order which may be issued. 2. ‘The Marital Residence. The Wife is the owner of premises located at 89-19 211TH STREET, QUEENS VILLAGE, NY 11427 (hereinafter referred to as the "House"). The Wife shall continue to be the sole owner of the House, free of any right or claim of the Husband. 3. Personal Property. ‘The parties acknowledge that they previously have made a division and settlement of their personal property and personal effects, and that each is and shall be the owner of all personal property now in his or her possession, except as provided in Exhibit A annexed hereto. The parties agree that all furniture and household furnishings located in the House shall be the exclusive property of the Wife, except for any property of the Husband set forth in Exhibit A (which property the Husband promptly shall remove from the House). Each party shall own, have end enjoy, free of any right or claim of the other party, all property hereafter acquired by such party. The division of property, both real and personal, made by this Stipulation is a non-taxable division of marital property between the parties and is not a taxable sale or exchangeof property. Neither party shall take any position in his or her tax retums with respect to the basis of any asset or any other matter which is inconsistent with the preceding sentence. Each of the parties has had the opportunity to obtain such tax advice as he or she deemed appropriate, and each party takes full responsibility for all tax consequences for all tax consequences that result from this Stipulation. 4. Responsibility For Debts. Each party represents and warrants that he or she, as the case may be, has not incurred or contracted any debts or obligations for which the other or any property of the other may be liable, either individually or jointly. Each party agrees that he or she shall be solely responsible for the payment and performance of all debts and obligations presently in his or her respective name and he or she hereafter shall not incur any debts or obligations for which the other may be liable. Each party shall indemnify and hold the other harmless from and against any costs and expenses resulting from a breach or violation by such party of any representation, warranty or covenant contained in this Article 4. 5. Maintenance. Each party agrees his or her resources and income are sufficient to provide for his or her own proper maintenance and support. Each of the parties hereto represents that each has been provided with a copy of the Notice of Guideline Maintenance and that each understands the terms and formulas therein described. In agreeing to the above provisions pertaining to maintenance, the parties have considered certain factors including without limitation the following: the income and property of the parties including marital property and the distribution thereof; the duration of the marriage and the age and health of the parties; the present and future earning capacity of each party and ability to be self-supporting and, if applicable, the period of time and training necessary therefor; reduced or lost lifetime earning capacity as a result of having foregone or delayed education, training, employment or career opportunities during the marriage; the presence of the Child of the marriage in the respective homes of the parties; the tax consequences to each party; contributions and services of the parties as a spouse, parent, wage eamer and homemaker, and tothe career or career potential of the parties; and the wasteful dissipation of family assets by either party; and any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration. 6. Custody and Visitation. The Wife shall have sole custody of the Child, and full control and supervision of the care, guidance, maintenance and education of the Child. ‘The Husband acknowledges that the Wife is a fit and proper person for such purposes. The Husband shall have reasonable rights of visitation with the Child upon reasonable notice to the Wife. The visitation rights of the Husband shall be exercised outside of any residence which the Wife may establish, and the Husband shall call for the Child at the commencement of any visitation period at such residence and shall return the Child to such residence at the end of such visitation period, unless the parties expressly shall agree to the contrary. ‘The Husband shall give to the Wife 48 hours notice prior to each exercise of visitation rights. The Husband shall provide responsible adult supervision during all periods of visitation. The visitation rights of the Husband shall be exercised so as to not unreasonably interfere with the school, religious or social activities, or the health or general welfare, of the Child. Neither party shall do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or hamper the free and natural development of the love and respect of the Child for the other party. Each party agrees that if either of them has any knowledge of any illness, accident or other circumstances seriously affecting the health or general welfare of the Child, he or she promptly shall notify the other of such circumstances. The parties agree to consult with each other with respect to the education, religious training, health, welfare and other matters of similar importance affecting the Child, whose well-being, education and development at all times shall be the paramount consideration of the parties.If, during the minority of the Child, the Wife shall die or be adjudicated as incompetent by a court of competent jurisdiction, the Husband shall become entitled to the sole custody of the Child from and after such death or during any such period of incompetence. 7. Child Support. The Husband shall pay to the Wife, as and for the support and maintenance of the Child, the sum of Twenty Five Dollars ($25) per month, commencing on the first day of the month following the date of this Stipulation, and continuing on the first day of each succeeding month until the occurrence of the earlier of the following events: (a) the attainment of the age of 21 years (22 years, if the Child enters and continues to attend college) by the Child; (b) the marriage of the Child; or (¢) the death of the Child. ‘The Husband promptly shall pay each installment of the child support provided herein in cash or by good check or postal money order, to the direct order of the Wife, delivered to her place of residence or to such other address as she may designate in writing. ‘The adjusted gross income of the Husband who is the non-custodial parent is $ per annum, and the adjusted gross income of the Wife who is the custodial parent is $ per annum, and the combined parental annual income is $ . The applicable child support percentage is 17 percent. The combined basic child support obligation attributable to both parents is $ per year on income to $143,000 and $ per year on income over $143,000. The Husband's pro rata share of the combined parental income is percent, and the Wife's pro rata share of the combined parental income is percent. The non-custodial parent's pro rata share of the child support obligation on combined income to $143,000 is $ per year or $ per month, The non-custodial parent's pro rata share of the child support obligation on combined income over $143,000 is $ per year or $ per month. The non-custodial parent's pro rata share of future health care expenses not covered by insurance, child care expenses, educational and other extraordinary expenses is percent.‘The parties hereto have been advised of the provisions of Section 240(1-b) of the Domestic Relations Law and Section 413(1) of the Far Court Act (the "Child Support Standards Act") and the guidelines for child support established thereby. Each of the parties represents that each has been provided with a copy of the "Child Support Standards Chart" promulgated by the Commissioner of Social Services, pursuant to Section 111-i of the Social Services Law, as required by Section 240-(1-b)(i) of the Domestic Relations Law, and that each understands the terms and formulas therein described. The parties have been advised that the basic child support obligation as defined in Section 240(1-b) of the Domestic Relations Law presumptively results in the correct amount of child support to be awarded. ‘The amount of child support provided for herein is the presumptive amount of the basic child support obligation determined pursuant to the guidelines of the Child Support Standards Act. All payments made by the Husband for child support shall be made directly to the Wife and may be applied as may be determined in her absolute discretion, without any obligation to render an accounting to the Husband at any time. The obligation of the Husband to pay child support is independent of the other provisions of this Stipulation, and a breach of this Stipulation by the Wife shall not entitle the Husband to diminish or terminate the payments provided for herein. Said obligations shall not be affected by the Husband's exercise or failure to exercise visitation rights. ‘The Husband shall not be entitled to setoff any obligations of the Wife to the Husband against the payments provided for in this Article 7. Any payments made by the Husband directly to the Child shall not reduce the obligations of the Husband hereunder and shall not be an offset unless written permission to make such direct payments was given by the Wife. Under DRL Sec. 236B(9)(b) (and FCA Sec. 451) parties have the right to seek a modification of a child support order upon a showing of (i) a substantial change in circumstances, or (ii) that three years have passed since the order was entered, last modified oradjusted, or (ii since the order was entered, last modified or adjusted. The parties hereby elected to opt out of there has been a change in either party's gross income by fifteen percent or more the above subparagraphs (ii) and (ii). 8. Waiver of Claims to Retirement Benefits. Each of the parties hereto hereby waives and releases any and all claims or rights with respect to any pension plans, individual retirement accounts, Keogh plans or other retirement benefits to which the other party is presently entitled or may become entitled in the future. 9. Mutual Release of Claims in Estates. Each party shall have the right to dispose of the property of such party by last will and testament in such manner as such party may deem proper in the sole discretion of such party, with the same force and effect as if the other party had died. Each party, individually and for his or her heirs, executors, administrators, successors and assigns, hereby waives, releases and relinquishes any and all claims, rights or interests as a surviving spouse in or to any property, real or personal, which the other party owns or possesses at death, or to which the other party or his or her estate may be entitled. 10. Mutual Release of General Claims. Except as expressly provided in this Stipulation, each party hereby waives, releases and discharges all claims, causes of action, rights or demands, known or unknown, past, present or future, which he or she now or hereafter has, might have, or could claim to have against the other by reason of any matter, thing or cause whatsoever, prior to the date of this Stipulation. Nothing in this Article 10 shall be deemed to prevent either party from enforcing the terms of this Stipulation or from asserting any rights or claims expressly reserved to either party in this Stipulation. The parties, by execution of this Stipulation, have provided for the equitable distribution of all property belonging to the parties, whether such property qualifies as "separate property" or as "marital property" within the meaning of said terms under the provisions of Part B of Section 236 of the Domestic Relations Law of the State of New York. Each party waives and renounces all claims or rights to any equitable distribution of any separate property or marital property owned by the other, and any distributive award, and all claims or rights foralimony, maintenance, support, counsel fees, suit money, or any similar claim, except as expressly provided herein, 11. Legal Representation. In connection with this Stipulation, the Wife has had the benefit of the advice of Ashok K. Karmaker, Esq., independent counsel of her own selection. The Husband has been advised to select and obtain counsel to represent him in this matter, The Husband has instead elected to execute this Stipulation without the benefit of an attorney. Each party acknowledges that all of the matters embodied in this Stipulation, including all terms, covenants, conditions, waivers, releases and other provisions contained herein, are fully understood by him or her; that he or she is entering into this Stipulation freely, voluntarily and after due consideration of the consequences of doing so; and that this Stipulation is valid and binding upon him or her. 12. Full Josure. Each party has made independent inquiry into the complete financial circumstances of the other, and acknowledges that he or she is fully informed of the income, assets, property and financial prospects of the other, is aware of all separate property and all marital property as defined in Section 236 of the Domestic Relations Law, and is satisfied that full disclosure has been made. The Social Security Number of the Husband is 087-86-5060, and the Social Security Number of the Wife is 128-84-3619. 13. Merger and Survival. The parties hereto agree that the provisions of this Stipulation shall be submitted to the Supreme Court of the State of New York, Queens County, as a stipulation of settlement of the pending action for divorce by the Wife as Plaintiff against the Husband as Defendant. All of the provisions of this Stipulation shall be incorporated in any judgment or decree of divorce. This Stipulation shall survive, and not be merged in, any judgment, decree or order, and the parties hereto shall remain bound to the performance of this Stipulation in accordance with the terms hereof.14, Notices. Any notice, demand or other communication required or permitted under this Stipulation shall be in writing and shall be delivered by hand or by Federal Express courier or by certified or registered mail, return receipt requested, with postage prepaid, to the parties at their addresses first above written or at such other addresses as they may designate by notice hereunder. 15. General Provisions. This Stipulation is entire and complete and embodies all understandings and agreements between the parties. No oral statement or prior written matter outside of this Stipulation shall have any force or effect. This Stipulation shall not be amended, modified, discharged or terminated except by a writing executed and acknowledged by the party sought to be bound. ‘Any waiver by either party of any provision of this Stipulation, or of any right or option hereby, shall not be deemed a continuing waiver and shall not prevent such party from thereafter insisting upon the strict performance or enforcement of such provision, right or option. The parties agree that each of them, upon request of the other party or the legal representatives of the other party, shall execute and deliver such other and further instruments as may be necessary or desirable for the purpose of giving full force and effect to the provisions of this Stipulation, without charge therefor. Neither party is in the military services of the United States of America or its allies within the purview of the Servicemembers Civil Relief Act. This Stipulation and all rights and obligations of the parties hereunder shall be construed according to the laws of the State of New York. If any provision of this Stipulation should be held to be invalid or unenforceable under the laws of any state, country or other jurisdiction, the remainder of this Stipulation shall continue in full force and effect. This Stipulation shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16. DRL Sec. 255 Statement. The parties make the following statement, as required by Domestic Relations Law Section 255.Each party is aware that he or she will no longer be covered by the other party's health insurance plan and that each party shall be responsible for his or her own health insurance coverage, and may be entitled to purchase health insurance on his or her own through a COBRA option, if available. Each party is aware that he or she will no longer be covered by his or her spouse's health insurance plan and the individual will be responsible for his or her own health insurance coverage. IN WITNESS WHEREOF, the parties hereto have executed this Stipulation on the date first above written. NITU BARUA EMONBARUA . 10STATE OF NEW YORK, COUNTY OF QUEENS, ss. On the day of August, 2017, before me, the undersigned, personally appeared NITU BARUA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public My commission expires on STATE OF NEW YORK, COUNTY OF QUEENS, ss. On the day of August, 2017, before me, the undersigned, personally EMON BARUA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, Notary Public My commission expires on