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HomeMy WebLinkAbout03-2176IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SONATA TSOUKATOS, Plaintiff Docket No. v. · FAMILY DMSION EVANGELOS TSOUKATOS, . Defendant ~ i,.. . NOTICE You have b~en sued in court. If you wish to defend against the claims set forth in the following page~, you must take action within twenty (20) days after this complaint and notice have been s~,rved. To defend against the aforementioned claims, a written appearance stating~ your defenses and objections must be entered and t'fled in writing by you, the Defendant, or by an attorney. You are warned that ifyou fail to take action al~ainst these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you in CoUrt without further notice. You may lose money, property or other rights important to you. i 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 HF~LP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 1701:3 (717) 249-3166 NOTICIA Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisdao que si dsted no se defiende, la corte tomara medidas y puede entrar una orde contra usted~Sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion d~ demanda. Usted. - puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE. SI NO TIENNE ABOGAD O SI NO TIENNE EL DINERO SUFICIENTE DE ~AGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: ~. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SONATA TSOUKATOS, Plaintiff V. EVANGELOS TSOUKATOS, Defendant · Docket No. ~3 -- ~l ? 6, FAMII.y DMSION COMP ,LbINT IN DIVORCE AND NOW comes Plaintiff, Sonata Tsoukatos, by and through h~r attorneys, Darrell C. Dethlefs, Esquire and respectfully sets forth the following Complaint in Divorce: 1. Plaintiff is Sonata Tsoukatos, an adult mdw~dual residing ih251 East Crestwood Drive, Apartment A-2, Camp I-rill, Pennsylvania 1701 ~i: 2. Defendant is Evangelos Tsoukatos, an adult individual residing at251 East Crestwood Drive, Apartment A-2, Camp Hill, Pennsylvania 170'i 1. 3. Plaintiffis suijuris and has been a bona fide resident of the Commonwealth for at least six months immediately previous to. the filing of this Complaint. 4. The Plaintiff and Defendant are husband and wife and were lawfully man'ied on February 11, 1998· A certified copy of the certificate of marriage registration is attached hereto and made a part hereof as Exhibit 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 or any amendments thereto. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the fight to request that the Court requ~e the parties to participate in counseling. 9. The parties have not entered into a written agreement as t6 support, custody, visitation of the children, alimony, or property division. COUNT I ~OLIEST FOR A,NO-FAULT DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Aider ninety (90) days have elapsed fi.om the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff'respectfully requests the Court to enter a Decree of Divorce, pursuant to Section 3301 (C) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE ,,UNDER 12. SECTION 3301(D) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. At the appropriate time, Plaintiff may submit an affidavit .alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiff respectfully request the Court to enter aiDecree of Divorce, pursuant to Section 330 I(D) of the Divorce Code, at the appropriate time. 14. COUNT m REQUEST FOR EOUITABI.E DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein' by' . reference thereto. · 15. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 16. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiffrespectfully request this Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, ad the Court may deem equitable and just, plus costs. COUNT IV REOUEST FOR ALIMONY PENDENTE.LITE AND. ALIMONY UNDER SECTION 3 701 .AND SECTION 3702 OF THE. DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by, reference thereto. 18. Plaintiff is unable to sustain herself during the course of litigation. 19. Plaintifflacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 20. Plaintiffrequests this Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. 21. Plaintiff requires reasonable support to adequately maint~ herself in accordance with the standards of living established during the marriage. WHEREFORE, Plaintiff respectfully requests the Court to enter an award iof alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. COUNT V REOUEST FOR COUNSFJ. FF.F.S, COSTS AND EXPENSES UNDER SECTION 3104, SECTION 3323 AND SECTION 3702 OF THE DIVORCE CODI,; 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. Plaintiff has employed Darrell C. Dethlefs, Esquire, to represent her in this matrimonial cause. 24. 25. Plaintiff is unable to pay the necessary counsel fees, costs and expenses and Defendant is more than able to pay them. ~,. Reserving the fight to apply to the Court for temporary counsel fees, costs and expenses, prior to the final hearing, Plaintiffrequest that, at~evfinal hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Sebtion 3104, Section 3323 and Section 3702 of the Divorce Code, the Court enter an Drder directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNT H RE UESTF R APPROVALOF ~ANYSETTLEMENT A ~MENT AND INCORPORATION THEREOF IN DIVORCE DECREE :' ER SECTION 3104 AND SECTION 3323 OF THE DIVOR E ~ODE 26. The prior paragraphs of this Complaint are incorporated herein reference thereto. 27. 28. 29. The public policy of this Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. While no settlement has been reached as of the date of the filing of this' Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendants. To extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated into any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, ifa written settlement agreement is reached between the parties prior to the time of a hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 and Section 3323 of the Divorce Code, the Court approve and incorporate such agreement into the final Divorce Decree. ~Darr~¢thlefs, E~q~e DETHLEFS 3805 Market Street Camp Hill, Pennsylvania 17011 AttomeyId. No.: 58805 ~ Attorney for Plaintiff, Sonata Tso~/katos IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SONATA TSOUKATOS, Plaintiff Docket No. EVANGELOS TSOUKATOS, Defendant FAMII.Y DMSION Verification I hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand (~at any false statements therein are subject to the criminal penalties contained in 18 Pa.C!,S.A. §4~04, relating to unsworn falsification to authorities. Sonata T sot~tos f - Date: SONATA TSOUKATOS, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY EVANG ELOS TSOUKATOS, Defendant NO. 03 - 2176 CIVIL TERM FAMILY DIVISION MOTION FOR SPECIAL RELIEF 1. The Plaintiff in the above - matter has filed a complaint in Divorce against the above - captioned Defendant. A true and correct copy of the Complaint is attached as Ex. A. 2. The Defendant is the owner of the West Shore Plaza Family Restaurant. 3. The West Shore Plaza Family Restaurant is ma,rital property and subject to equitable distribution. 4. The Defendant is attempting to sell the restaurant. 5. The Plaintiff believes and therefore avers that the Defendant has sold the restaurant on a sales agreement. 6. Any money form the sale of the restaurant would be subject to equitable distribution. 7. The Plaintiff believes and therefore avers that the Defendant will take the proceeds from the sale of the restaurant and leave the country. 8. The Plaintiff is requesting that any money from tlqe sale of the restaurant be held in escrow pending final distribution of the marital assets. WHEREFORE, the Plaintiff requests that a hearing be held on this Motion for Special Relief and that the proceeds from the restaurant be held in escrow. ~~, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (71'7) 975 - 9446 A~ Id. No. 58805 SONATA TSOUKATOS, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Mo EVANGELOS TSOUKATOS, Defendant NO. 03 - 2176 CIVIL TERM FAMILY DIVISION CERTIFICATE OF SERVICE I, Darrell C. Dethlefs, Esquire, do hereby certify that on this t~ day of ~ ~ ,2003, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: William C. Kollas, Esquire Kollas and Kennedy 1104 Fernwood Avenue Camp Hill, PA 17011 D--~a nTe~ll' ~~ef~ ~quire 380!5 Market Street P.O.. Box 368 Camp Hill, PA 17001 (717') 975- 9446 Atty Id. No. 58805 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SONATA TSOUKATOS, Plaintiff Docket No. C:~ -~ ~ I ?/~ EVANGELOS TSOUKATOS, Defendant FAMILY DIVISION NOTICE You have b~en sued in court. If you wish to defend against the claims Set forth in the foflowing page~, you must take action within twenty (20) days after this complaint and notice have been sflrved. To defend against the aforementioned claims, a written appearance stating~. your defenses and objections must be entered and t'ded in writing by you, the Defendant, or by an attorney. You are warned that if you fail to take action a~ainst these claims, the court may proceed without you arid a judgment for any money claimed in the complaint or for another claim required by ~the Plaintiff may be entered against you in Codrt without further notice. You may lose money, property or other rights important to you. I YOU SHOULD TAKE THIS PAPER TO YOUR L~kWYER AT ONCE. lY YOU DO NOT HAVE A'LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WH~ERE YOU CAN GET LEGAL HELP. CUMBE~ COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y ia notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avis,tiao que si dsted no se defiende, la corte tomara medidas y puede entrar una orde c. ontra ustedMn previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion d~ demanda. Usted · - puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMM~',DIAMENT~. SI NO TIENNE ABOGAD O SI NO TIENNE EL DINERO SUFIC~ENTE DE ~AGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: ~ DAUPHIN COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-:3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SONATA TSOUKATOS, Plaintiff · Docket No. Vo EVANGELOS TSOUKATOS, Defendant FAMII.Y DIVISION ..COMP ~,L-MNT ,IN DIV, ORCI~ , AND NOW comes Plaintiff, Sonata Tsoukatos, by and through h~r attorneys, Darrell C. Dethlefs, Esquire and respe~fully sets forth the following Complaint in Divorce: 1. o Plaintiff is Sonata Tsoukatos, an adult individual residing ira51 East Crestwood Drive, Apartment A-2, Camp Hill,. Pennsylvania 17011;: Defendant is Evangelos Tsoukatos, an adult h~dividual residing ~t.251 . East Crestwood Drive, Apartment A-2, Camp Hill, Pennsylvania 170'11. Plaintiffis suijuris and has been a bona fide resident of the Commonwealth for at least six months immediately previous to. the filing of this Complaint. The Plaintiff and Defendant are husband and wife and were lawfully married on February 11, 1998. A certified copy of the certificate of maniage registration is attached hereto and made a part hereof as Exhibit The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 or any amen, rlments thereto. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the, Court requke the parties to participate in counseling. 9. The parties have not entered into a written agreement as tb support, custody, visitation of the children, alimony, or property diCision. COUNT I RI~OUI~ST FOR A NO-FAULT DIVORCE UNDF~ SECTION 3301(C) OF ~ DIVORCI~{ CODE 10. The prior paragraphs of this Complaint are incorporated herein'bY reference thereto. -.- 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, ffboth parties file affidavits consenting to a divorCe after ninety (90) days have elapsed from the filing of this Complaint, Plainliffrespectfully r~luests the Court to enter a Decree of Divorce, pursuant to Section 330 I(C) of the Divorce Code. COUNT Pd~OUEST FOR A NO-FAULT DIVORCE .UNDER 12. SECTION 3301.03) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. At the appropriate time, Plaintiff may submit ~m affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiffrespectfully request the Court to enter alDecree of Divorce, pursuant to Section 3301(D) of the Divorce Code, at the appropriate time. 14. COUNT m REQUEST FOR EQUITABI.R DISTRIltlYHON UNDER SECTION 3502 OF THE DIVORCE CODE : The prior paragraphs of this Complaint are incorporated herein b~y ~ reference thereto. -'"~ 15. Plaintiff and Defendant have acquired prope~t, both real and personal, during their marriage.. 16. Plaintiff and Defendant have been unable to agree as to an equiiable distribution of said property. '- WHEREFORE, Plaintiff respectfully request this Honorable Court to enter an Order distributing all of the aforementioned property, real and[ personal, ad the Court may deem equitable and just, plus costs. COUNT IV _REOUEST FOR ALIMONY PENDEN, TE ,LITE AND AL ,rMONY UNDER SECTION 3701 ..AND, SECTION 3702 OF THE, DIVORCE CODE 17. The prior paragraphs of this Complaint are hacorporated herein by, reference thereto. 18. 19. Plaintiff is unable to sustain herself during the course of litigation. Plaintifflacks sufficient property to provide for her reasonable needs and 20. is unable to sustain herself through appropria~te employment. I Plaintiff requests this Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to Section 3701 and Section 3702 of the DivorCe Code. 21. Plaintiff requires reasonable support to adequately maint+ herself in accordance with the standards of living estab]Lished durin~ the marriage. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony, in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. COUNT V REQUEST FOR COUNSEl, FF{.F.S, COSTS AND EXPENSES UNDER .SECTION 3104, SECTION 3323 AND SECTION 3702 OF THE DIVoRcE COD~; 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. Plaintiff'has employed Darrell C. Dethlefs, Esquire, to represent her in this matrimonial cause. 24. 25. Plaintiff is unable to pay the necessary counsel fees, costs and expenses and Defendant is more than able to pay them.. Reserving the fight to apply to the Court for temporary counsel fees, costs and expenses, prior to the final hearing, Plaintiffrequest that, af[epfinal hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Section 3104' Section 3323 and Section 3702 of the Divorce Code, the Court enter an Drder directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses..- COUNT VI ~REOUEST FOR APPROVAL OF ANy, SET, TI.EMENT AGR~F. MENT AND INCORPORATION ~T~IEREOF IN DIVORCI~ SECTION 3104 AND SECTION 3323 OF THE DIVORCE ~ODE 26. The prior paragraphs of this Complaint are incorporated herein reference thereto. 27. 28. 29. The public policy of this Commonwealth of PeJmsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. While no settlement has been reached as of the date of the filing of this' Complaint, Plaintiffis and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendants. To extent that a written settlement agreement might be entered into between the parties prior to the time of hearing ,an this Complaint, Plaintiff desires that such written agreement be approved, by the Court and incorporated into any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is; reached between the parties prior to the time of a hearing on this Complaint, Plaintiff respectfully requests th.at, pursuant to Section 3104 and Section 3323 of the Divorce Code, the Court approve and incorporate such agreement into the final Divorce Decree. 3805 Market Street Camp I-fill, Pennsylvania 1701 Attorney Id. No.: 581105 Attorney for Plaintiff, Sonata Tso~katos DETHLEFS IN THE COURT OF COMMON ]?LEAS CUMBERLAND COUNTY, PENNSYLVANIA SONATA TSOUKATOS, Plaintiff · Docket No. EVANGELOS TSOUKATOS, Defendant FAMII,y DIVISION Verification I hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand i':at any false statements therein are subject to the criminal penalties contained in 18 Pa. C2S.A. §4~04, relating to unsworn falsification to authorities. Date: ~onataIsou~ to~ ~ - MAY 1 2 2003 SONATA TSOUKATOS, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03 - 2176 CIVIL TERM FAMILY DIVISION EVANGELOS TSOUKATOS, Defendant ORDER AND NOW, this ]~ day of ~?~:;u~f,,--' , 2003, it is hereby Ordered that a hearing is scheduled on the Plaintiff's Mot~o~ for Special Relief on the day of ¥]~'/.. ,2003 at /'/:.~b o'clock ¢,-. m./f It is also that any pro~'eeds from the sale of the Restaurant the outcome of the hearing. are to be held in escrow pending SONATA TSOUKATOS, PLAINTIFF. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V= EVANGELOS TSOUKATOS, DEFENDANT 03-2176 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of May, 2003, upon agreement of counsel, the hearing scheduled for this date on the petition of plaintiff for special relief, IS CONTINUED until 8:45 a.m., Thursday, June 19, 2003. Darrell C. Dethlefs, Esquire For Plaintiff William C. Kollas, Esquire For Defendant Edgar B. Bayley, \ :sal SONATA TSOUKATOS : Plaintiff : EVANGELOS TSOUKATOS : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-215'6 CIVIL ACTION - LAW IN DIVORCE FAMILY DIVISION PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff, Sonata Tsoukatos, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Petition for Special Relief and in support thereof avers as follows. The Petitioner is Sonata Tsoukatos, residing at 6-A Richland Lane, Apt. Pennsylvania. (hereinafter "Wife") 2 o an adult individual 101, Camp Hill, The Respondent is Evangelos whose last known address is A2, Camp Hill, Pennsylvania. Tsoukatos, an adult individual 251 E. Crestwood Drive, Apt. (he~einafter "Husband") The parties were married on February 11, 1998. The parties were separated on April 28, 2003. A Complaint in Divorce was filed on May 7, 2003. A Motion for Special Relief was f~_led by Wife on May 8, 2003. A hearing is currently scheduled on said Motion for June 19, 2003 at 8:45 a.m. Since the parties separation, Wife has been driving the parties' 1999 Nissan Pathfinder, which is titled in Husband's name. The loan against said automobile is in the MEYERS, DESFOR, SAL'i'ZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 , HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 23,3-2817 parties joint names. Husband has been driving their second car which is a 1990 Ford Escort. 8. The parties attended a Domestic Relations conference on May 14, 2003. At the conference, Husband acknowledged that the 1999 Nissan automobile was in Wife's possession and claimed that he had made the monthly payment on said automobile and requested that he be credited for this payment against his support arrearage. After being credited for this payment in support, Husband took this car from Wife's residence on or about May 27, 2003. 9. Neither Wife nor Husband are citizens of the United States. Wife is a citizen of Lithuania, and Husband is a citizen of Greece. Both of the parties have their "green cards" which permit them to live and work in the U.S. On numerous occasions, Husband has threatened to leave the United States and move back to Greece to thwart Wife's efforts to obtain child support, as well as ~zhwart her efforts to effectuate equitable distribution and conclude the divorce action. .0. Because the 1999 Nissan automobile is in Husband's name alone and because Husband has threatened to leave the United States, Wife fears that Husband will leave the United States and otherwise dispose of the automobile. Wife requests this Honorable Court order the 1999 Nissan be returned to her pending equitable distribution. [1. Wife is currently employed as a secretary and she needs a MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 23~-2817 12. 13. car to get herself to work and also to perform errands which are required in the course of her employment. Wife requests this Honorable Court order Husband to return the 1999 Nissan Pathfinder to Wife pending equitable distribution. Wife requests that this Honorable, Court order the Husband to submit his Greek passport to the Sheriff's office, as his whole family resides in Greece and the Husband has threatened to leave the country on numerous occasions to thwart Wife's efforts to collect child support and to deprive her of equitable distribution in the divorce action. Wife requests the within Petition for Special Relief be heard at the same time as the prior Petition which is scheduled to be heard on June 19, 2003 at 8:45 a.m. WHEREFORE, Petitioner requests that this Honorable Court: Order Husband to return the 1999 Nissan automobile to Wife. 2. Order Husband to submit his Greek passport to the Sheriff's office. Grant any other additional relief the Court deems necessary. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 23,~-2817 Respectfully submitted, ~LTZGIVE~ & BOYLE Attorney I.D. #61382 410 North Second Street P.C,. Box 1062 Hazrisburg, PA 17108 (717) 236-9428 Attorney for Petitioner MEYERS, DESFOR, SAL'I'ZGIVER ~ BOYLE 410 NORTH SECOND STREET · RO. BOX 1062 , HARRISBURG, PA 17108 (717}236-9428 · FAX(717) 23~-2817 I, Sonata Tsoukatos statements made VERIFICATION , verify that the in this Petition for Special are true and correct to the best information and belief. I understand that fals( of my knowledge, statements herein are made subject to the penalties of 18 C.S. Section 4904, relating to unsworn falsification to authorities. Pa. Dated: 6/10/03 ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET * PO BOX 1062 · HARRISBURG, PA 17108 (717) 236 9428 . FAX (717) 236-2817 SONATA TSOUKATOS : Plaintiff : EV32XlGELOS TSOUIq~TOS : Defendant : IN THE CO%~T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2176 CIVIL ACTION - LAW IN DIVORCE FAMILY DIVISION I that a mailed, CERTIFICATE O~ERVICE hereby certify on this (~ ~sY of ~~ , 2003, copy of the foregoing Petition for Special Relief was first-class, postage pre-paid to: William C. Kollas, Esquire 1104 Fernwood Avenue Camp Hill, PA 17011 ~Ju'~%Y/~. ~SaI Lt zgiV~ Attorney for Petiti¢ Esquire MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX{717) 236-2817 SONATA TSOUKATOS : Plaintiff : EV_I~GELOS TSOUK~TOS : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV~_NIA NO. 03-2176 CIVIL ACTION - LAW IN DIVORCE FAMILY DIVISION AND NOW, this /~ day of RULE is issued upon the Respondent, RULE TO SHOW CAUSE ~'%.~ , 2003, a Evangelos Tsoukatos, to show ~ause why the within Petition for Special Relief should not be ranted. Said Rule returnable at hearing on the 19th day of June, 003 at 8:45 a.m. o'clook, in Courtroom No. ~ Jo MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17106 (717) 236-9428 · FAX (717) 236-2817 SONATA TSOUKATOS : Plaintiff : VS. : EVANGELOS TSOUKATOS : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2176 CIVIL ACTION - LAW IN DIVORCE FAMILY DIVISION PRAECIPE TO ENTER APPEARANCE FO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Lau~l~ MEYERS, DESF( & BOYLE ~gmve~ SALTZGIVER Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 SONATA TSOUKATOS : : Plaintiff : VS. : EV32XlGELOS TSOUt~TOS : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2176 CIVIL ACTION - LAW IN DIVORCE FAMILY DIVISION CERTIFICATE OF SERVICE I hereby certify on this day of June, 2003, that a copy of the foregoing Praecipe to Enter Appearance was sent first-class mail, postage prepaid to: William C. Kollas, Esquire 1104 Fernwood Avenue Camp Hill, PA 17011 Darrell C. Dethlefs, Esquire 3805 Market Street Camp Hill, Pa 17011 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-8428 · FAX(717) 236-2817 SONATA TSOUKATOS, PLAINTIFF V. EVANGELOS TSOUKATOS, DEFENDANT · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-2176 CIVIL TERM ORDER OF COURT .day of June, 2003, following a hearing on the AND NOW, this . petition of plaintiff for special relief, IT IS ORDERED: (1) The petition of wife to require husband to turn over a 1999 Nissan automobile, IS DENIED. (2) The petition of wife to require husband to submit his Greek passport to the Sheriff's Office, IS DENIED. v~aurie A. Saltzgiver, Esquire For Plaintiff v'William C. Kollas, Esquire For Defendant :sal ' RKS SONATA TSOUKATOS; PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA EVANGELOS TSOUKATOS, DEFENDANT : 03-2176 CIVIL TERM AND NOW, this __ ORDER OF COURT day of June, 2003, the parties having reached the following agreement, attached hereto, on a petition of plaintiff for special relief, the agreement is made an order of court. ,~F~urie A. Saltzgiver, Esquire r Plaintiff ~lliam C. Kollas, Esquire For Defendant :sal Edgar B. Bay~y, ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. SALTZGIVER: The agreement is that we're going to continue the monthly payments from the new buyers Emmanouel Levakis. We will permit the monthly payments of 4,400 a month to come in and then to be distributed to the prior partner, who is Constantinos Harageorgiou, and also to the original owners of the restaurant, which is GSK, Inc. In September, the last payment to the partner Constantinos is due. So after September there will be an additional amount from Levakis which will also be put into escrow on a monthly basis. Additionally, there is a payment under the sales agreement of 2003, two payments of 15,000, one which is due in October of this year and another one which is due in March of 2004. Both of those $15,000.00 payments additionally will be put into an escrow account with my office, and that is when they are paid by the current buyers even if it's prior to that point and time. Also, any additional payments which would be made by the current buyers Levakis, under the agreement any additional payments would also go into escrow in my office. THE COURT: And then ultimately to be released either upon agreement of the parties or further order of the court? MS. SALTZGIVER: Correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. KOLLAS: THE COURT: MR. KOLLAS: Correct. So stipulated? So stipulated. The only thing is, by way of clarification, the monthly payment to the prior owner is 2,395 dollars and some odd cents a month, and that will be paid from the 4,400 until it's paid in full, and there is a balance due of approximately $77,518.31. MS. SALTZGIVER: Your Honor, I have one thing to add. Under the sales agreement of May 2nd, 2003, the payments are supposed to be from this Emmanouel Levakis to Lemoyne Arcadia, Inc. So it needs to be specified in the order that the payments to Lemoyne Arcadia, Inc., are the payments that we are talking about that are supposed to be escrowed with my office. MR. KOLLAS: We understand that. THE COURT: What I will do is I will have that typed up. I will attach it to an order as a stipulation of the parties, and that will serve as the resolution of that issue on the current petition of wife for special relief. SONATA TSOUKATOS, Plaintiff EVANGELOS TSOUKATOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2176 CIVIL TERM FAMILY DIVISION RESPONSE TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes Defendant, Evangelos Tsoukatos, who, by and through his attorneys Kollas and Kennedy, files this Response pursuant to Pa.R.C.P. No. 206.2 in Answer to Plaintiff Sonata Tsoukatos' Petition for Special Relief, and in support thereof avers the following: 2. 3. 4. 5. 6. 7. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Denied as stated. It is specifically denied that the "loan against said automobile is in the parties joint names." Strict proof demanded. 8. Denied as stated. Any negative implications toward Defendant's actions are specifically denied. 9. Denied. Defendant specifically denies that he has "threatened" as alleged. 10. Alter reasonable investigation, Defendant is without inform~ation sufficient to admit or deny the averments contained in this paragraph. To the extent an answer is required, same is denied. Although not a pleading, Defendant denies the request made by Plaintiffin this paragraph. 11. After reasonable investigation, Defendants are without information sufficient to admit or deny the averments contained in this paragraph. To the extent an answer is required, same is denied. Although not a pleading, Defendant denies the request made by Plaintiff in this paragraph. 12. Denied. Defendant specifically denies that he has "threatened" as alleged. Defendant specifically denies that he his "whole family" is in Greece. Strict proof demanded. Although not a pleading, Defendant denies the request made by Plaintiff in this paragraph. 13. Although not a pleading, Defendant denies the request made by Plaintiff in this paragraph. WHEREFORE, Defendant respectfiflly requests that he retain the automobile in question, that he retain his passport in his sole possession, that the Motion for Special Relief be stricken or dismissed, and that he be granted such further relief as may be deemed appropriate. RESPECTFULLY SUBMITTED William C. Kollas, Esquire Attorney ID No. 06341 KOLLAS & KENNEDY 1104 Femwood Avenue, Suite 104 Camp Hill, Pennsylvania 17011 (717) 731-1600 ATTORNEY FOR DEFENDANT Date: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SONATA TSOUKATOS, Plaintiff :DocketNo. ~- ~l?& EVANGELOS TSOUKATOS, Defendant : FAMILY DMSION PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary of Said Court: Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Respectt~ll'., Submitted, Darrell ~. )ethlefs, Esquire Law Office of Darrell C. Dethlefs Attorney Id. No.: 58805 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 SONATA TSOUKATOS, Plaintiff VS. EVANGELOS TSOUKATOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2176 CWIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce trader §3301(c) or (d) of the Divorce Code was filed on May 7, 2003, and was served upon the Defendant on or about June 12, 2003. The Acceptance of Service was filed on June 17, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose fights concerning alimony, division ofproper~y, lawyer's fees or expenses ifI 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 unswom falsification to authorities. DATE: C~'E~'~v an-~,e~--~o u k at os SONATA TSOUKATOS, Plaintiff VS. EVANGELOS TSOUKATOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2176 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301{c) OR (d) 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in 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. Evangel~katos DATED: [ I I 2'/°v9 SONATA TSOUKATOS, Plaintiff EVANGELOS TSOUKATOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2176 CIVIL ACTION IN DIVORCE PETITION TO DIRECT PLAINTIFF TO FILE AN AFFIDAVIT OF CONSENT AND NOW comes Defendant, Evangelos Tsoukatos, who, by and through his attorneys Kollas and Kennedy, files this Petition to Direct Plaintiff to File an Affidavit of Consent, and in support thereof avers the following: plai y 7 1. Plaintiff filed a Corn nt in Divorce on Ma 2003 2. At paragraph 5 in Plaintiff's Complaint in Divorce, Plaintiff alleged mandage is irretrievably broken." On June 12, 2003, Defendant, via counsel, accepted service of the Co~int Divorce. 4. On June 19, 2003, following a hearing which was held pursuant to Plaintiff's Petition for Special Relief, this honorable Court entered an Order regarding the agreement reached by the parties. A true and accurate copy of said Order is attached hereto as Exhibit "A." 5. As part of the agreement in said Order, Defendant was to deposit two separate payments of $15,000.00 into the escrow account of the Plaintiff's attorney for distribution upon agreement of the parties or as further ordered by the Court. 6. Additionally, in accord with the Order of June 19, 2003, Defendant is paying the sum of $2,000.00 monthly into the escrow account of Plaintiff's attorney. 7. Defendant entered into said agreement anticipating the appointment of a Master to resolve distribution in a timely manner, without significant delay. 8. On or mound October 7, 2003, Defendant made the first lump sum payment of $15,000.00 for deposit in the escrow account of Plaintiff's attorney. 9. Additionally, Defendant has paid $2,000.00 into the escrow account of Plaintiff's attorney each month for the months of October and November 2003. 10. In an effort to move this matter forward, on October 15, 2003, Defendant filed a Motion for Appointment ora Master, the main purpose of which was to seek distribution of the property of the marital estate. A tree and accurate copy of said Motion is attached hereto as Exhibit "B." I 1. On November 10, 2003, counsel for Plaintiff sent a letter to Divorce Master Elicker advising that Plaintiff was "not agreeable to moving forward to a divorce master's hearing at this time. Accordingly, since the two year period of separation has not tolled, we are not agreeable to your appointment." A true and accurate copy of said letter is attached hereto as Exhibit "C." 12. The Divorce Master has informed Defendant that the Divorce Master cannot hear this matter for purposes of equitable distribution until the divorce is final. 13. Defendant cannot make payments on debts due and owing to Creditors of the proceeds being held in the escrow account of Plaintiff's attorney. 14. On November 14, 2003, Defendant filed both an Affidavit of Consent to the divorce and a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under 3301(c) of the Divorce Code. 15. Plaintiff has failed to file an Affidavit of Consent to the divorce. 16. More than ninety (90) days have elapsed since Pl~fintifffiled a Complaint in Divorce alleging that the marriage is irretrievably broken. 17. Plaintiff must file an affidavit of consent or suffer the consequences of a dismissal of Plaintiff's Complaint in Divorce. 18. Courts have a responsibility of encouraging the speedy resolution of actions in an efficient manner and should not tolerate delay, especially in a divorce proceeding. Skelly v. Skelly, 36 Pa.D.&C.4th 189, 191(1997). 19. A plaintiff who alleges irretrievable breakdown must be prepared to proceed within the minimum time permitted under applicable statute and rule. Id._:., citing Rueckert v. Rueckert, 20 Pa.D.&C.3d 191 (1981). WHEREFORE, Defendant respectfully requests that this honorable Court enter an Order directing Plaintiff to file an affidavit of consent to divorce pursuant to section 3301(c) of the Divorce Code or suffer a dismissal of the Complaint in Divome and re-open the Order of Court dated June 19, 2003, signed by the Honorable Edgar B. Bayley, Judge. RESPECTFULLY SUBMITTED William C. Kollas, Esquire AttorneylD No. 06341 KOLLAS & KENNEDY 1104 Fernwood Avenue, Suite 104 Camp Hill, Penns3dvania 17011 (717) 731-1600 ATTORNEY FOR DEFENDANT SONATA TSOUKATOS, Plaintiff EVANGELOS TSOUKATOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2176 CIVIL ACTION IN DIVORCE VERIFICATION I, Evangelos Tsoukatos, the Defendant herein, verify that the statements made in the foregoing PETITION TO DIRECT PLAINTIFF TO FILE AN AFFIDAVIT OF CONSENT are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unswom falsification to authorities. Ev~ggdI.~Tsoukatos SONATA TSOUKATOS; PLAINTIFF Vo : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA EVANGELOS TSOUKATOS, DEFENDANT : 03-2176 CIVIL TERM ORDER OF COURT AND NOW, this R day of June, 2003, the parties having reached the following agreement, attached hereto, on a petition of plaintiff for special relief, the agreement is made an order of court. Laurie A. Saltzgiver, Esquire For Plaintiff Edgar B. Bay~y,~. William C. Kollas, Esquire For Defendant :saJ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 MS. SALTZGIVER: The agreement is that we're going to continue the monthly payments from the new buyers, Emmanouel Levakis. We will permit the monthly payments of 4,400 a month to come in and then to be distributed to the prior partner, who is Constantinos Harageorgiou, and also to the original owners of the restaurant, which is GSK, Inc. In Septeraber, partner Constantinos is due. be an additional amount from Levakis which will into escrow on a monthly basis. Additionally, there is a payment under the sales agreement of 2003, two payments of 15,000, one which is due in October of this year and another one which is due in March of 2004. Both of those $15,000.00 payments additionally will be put into an escrow account with my office, and that is when they are paid by the current buyers even if it's prior to that point and time. Also, any additional payments which would be made by the current buyers Levakis, under the agreement any additional payments wouid also go into escrow in my office. THE COURT: And then ultimately to be released either upon agreement of the parties or further order of the court? the last payment to the So after September there will also be put MS. SALTZGIVER: Correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MI~. KOLLAS: Correct. THE COURT: So stipulated? MR. KOLLAS: So stipulated. The only thing is, by way of clarification, the monthly payment to the prior owner is 2,395 dollars and some odd cents a month, and that will be paid from the 4,400 until it's paid in full, and there is a balance due of approximately $77,518.31. MS. SALTZGIVER: Your Honor, I have one thing to add. Under the sales agreement of May 2nd, 2003, the payments are supposed to be from this Emmanouel Levakis to Lemoyne Arcadia, Inc. So it needs to be specified in the order that the payments to Lemoyne Arcadia, Inc., are the payments that we are talking about that are supposed to be escrowed with my office. MR. KOLLAS: THE COURT: that typed up. stipulation of We understand that. What I will do is I will have I will attach it to an order as a the parties, and that will serve as the resolution of that issue on the current petition of wife for special relief. 23 24 25 SONATA TSOUKATOS, Plaintiff' VS. EVANGELOS TSOUKATOS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2176 : : CIVIL ACTION- LAW : DIVORCE ORDER APPOINTING MASTER AND NOW, this day of ,2003, upon consideration of the attached Motion for Appointment of Master, IT IS HEREBY ORDERED that , Esquire, is appointed Master with respect to the following claims: BY THE COURT: Jo MOVING PARTY Name: Ev elos Tsoukatos Attorney's Name: William C. Kollas Attorney's Address: 1104 Femwood Ave: ' Suite 1 04 lT011 Attorney's Telephone #: 717-731 - 1600 Attorney's E-Mail: bill@Jcol]asandkenned¥.com NON-MOVING PARTY Name: Sonata Tsoukatos Attorney's Name: Laurie A.~ Attorney's .Address: 410 North Second St. P.O. Box 1062 Harrisbunt. PA 17108 Attorney's Telephone #: 717-236-9428 Attorney's E-Mail: lsalt z~iver('a?,nleyersdesfor.com SONATA TSOUKATOS, Plaintiff VS. EVANGELOS TSOUKATOS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2176 : : CIVIL ACTION- LAW : DIVORCE MOTION FOR APPOINTMENT OF MASTER Evangelos Tsoukatos, Defendant, moves the Court to appoint a Master with respect to the following claims: ( ) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite (X) Distn'bution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: Discovery is complete as to the claim~ for which the appointment of a Master is requested. The Plaintiffhas appeared in the action by her attorney, Laurie A. Saltzglver, Esquire, 410 North Second Street, P.O. Box 1062, Harrisburg, PA 17108. 3. The statutory ground for divorce is: Section 3301(c) of the Divorce Code. The action is contested with respect to the following claims: alimony, distn~oution of property, counsel fees, and cost and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to fake one day. 7. Additional information, if any, relevant to the motion. None. RESPECTFULLY SUBMITTED: William C. Kollas, Esquire Supreme Court I.D. No. 06341 KOLLAS AND KENNEDY I 104 Femwood Avenue, Suite 104 Camp Hill, PA 17011 (717) 731-1600 ATTORNEY FOR DEFENDANT DATED: MEYERS, DESFOR, SALTZGIVER & BOYLE HARRISBURG, PA. 17108 November 10, 2003 E. Robert Elicker, II, Esquire 9 N. Hanover Street Carlisle, PA 17013 RE: Tsoukatos v. Tsoukatos Dear Master Elicker: I have received your notice regarding discovery in the above-captioned action. The parties in this action separated on April 28, 2003. My client is not agreeable to moving forward to a divorce master's hearing at this time. Accordingly, since the two year period of separation has not tolled, we are not agreeable to your appointment. I was never served with a Motion for your appointment, therefore, I could not object to same. However, this shall serve as official notice of my client's objection to moving forward to a Divorce Master's Hearing. Thank you for your attention. Please contact me if you have any questions regarding the above. LAS/clk cc: Sonata Tsoukatos William Kollas, Esquire Sincerely, SONATA TSOUKATOS, Plaintiff VS. EVANGELOS TSOUKATOS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2176 : CIVIL ACTION - LAW : IN DWORCE : FAMILY DWISION CERTIFICATE OF SERVICE I, Carole A. Rose, of the Law Offices of Kollas and Kennedy, hereby certify that I have this 19th day of November, 2003, served a tree and correct copy of PETITION TO DIRECT PLAINTIFF TO FILE AN AFFIDAVIT OF CONSENT by depositing same in the United States mail, first class, postage prepaid, addressed to the following: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Post Office Box 1062 Harrisburg, PA 17108 LAW OFFICES OF KOLLAS AND KENNEDY Carole A. Rose NOV 1 g ZOO] SONATA TSOUKATOS, Plaintiff EVANGELOS TSOUICATOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2176 CIVIL ACTION IN DWORCE RULE TO SHOW CAUSE AND NOW, thisbe}_ day of~,, 2003, a Rule is issued upon the Respondent, Sonata Tsoukatos, to show cause why the within PETITION TO DIRECT PLAINTIFF~~TO FILE AN AFFIDAV][T~, ~['~ ~OF CONSENTer~--~'stl'mlld not be re'anted. Sad R'-'!: re* ....~!_ ~t .k.:~"Ing '-n the __ day qf~ _ · at __ SONATA TSOUKATOS Plaintiff VS. EVANGELOS TSOUKATOS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2176 CIVIL ACTION - LAW IN DIVORCE FAMILY DIVISION NOTICE 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 judgement 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MEYERS, DESFOR, SAL'i~GIVER & BOYLE 410 NORTH SECOND STREET * P.O. BOX 1062 · HARRISBURG, PA17108 (717) 236-9428 · FAX (717) 236-2817 SONATA TSOUKATOS Plaintiff VS. EVANGELOS TSOUKATOS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2176 CIVIL ACTION - LAW IN DIVORCE FAMILY DIVISION NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Se~ avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A LIN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17106 (717) 236-9428 * FAX(717) 236-2817 SONATA TSOUKATOS Plaintiff VS. EVANGELOS TSOUKATOS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2176 CIVIL ACTION - LAW IN DIVORCE FAMILY DIVISION AMENDED COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Sonata Tsoukatos, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Amended Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Sonata Tsoukatos, an adult individual who currently resides at 6-A Richland Lane, Apt. 101, Camp Hill, Pennsylvania. 2. Defendant is Evangelos Tsoukatos, an adult individual who currently resides at 2902 Warren Way, Mechanicsburg, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 11, 1998. 5. There was a Complaint in Divorce filed on May 7, 2003 to the above~captioned docket. 6. The Defendant is not a member of the United States Army or its allies. 7. Plaintiff has been advised that counseling is available and that plaintiffmay have the right to request the court require the parties to participate in counseling, being so advised, Plaintiff waives that right. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET * P.O. BOX 1062 * HARRISBURG, PA ~7108 (717) 236-9428 · FAX (717) 236-2817 8. Plaintiffrequests the Court to enter a Decree of Divorce pursuant to Section 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Sonata Tsoukatos respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301 (D) of the Divorce Code. COUNTS COUNT I REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 9. Paragraphs one through eight of the Complaint are incorporated by reference as if fully set forth herein. 10. Plaintiff and Defendant have acquired property, both real and personal during their marriage. 11. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully request this Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. COUNT II REOUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTION 3701 AND SECTION 3702 OF THE DIVORCE CODE 12. Paragraphs one through eleven of the Complaint are incorporated by reference as if fully set forth herein. 13. Plaintiff is unable to sustain herself during the course of litigation. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. SOX 1062 · HARRISBURG, PA 17108 (717) 236-9426 · FAX(717) 236-2817 14. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15. Plaintiff requests this Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. COUNT III REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3104, SECTION 3323 AND SECTION 3702 OF TIlE DIVORCE CODE 17. 18. 19. Paragraphs one through sixteen of the Complaint are incorporated by reference as if fully set forth herein. Plaintiff has employed Laurie A. Saltzgiver, Esquire, to represent her in this matrimonial cause. Plaintiff is unable to pay the necessary counsel fees, costs and expenses and Defendant is more than able to pay them. 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRIS~3URG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 20. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to the final hearing, Plaintiff request that, after final heating, the Court order Defendant to pay Plaimiffs reasonable counsel fees, costs and expenses. WHEREFORE, Plaimiff respectfully requests that pursuant to Section 3104, Section 3323 and Section 3702 fo the Divorce Code, the Court emer an Order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. Respectfully submitted, __ ~[~ ~ver.~iqmre' ~~ Attorney I.D. #61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Harrisburg, PA 17101 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-942B · FAX (717) 236-2817 VERIFICATION I, Sonata Tsoukatos , verify that the statements made in this Amended Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false Pa. statements herein are made subject to the penalties of 18 C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 12/10/03 ( X ) Pla~tiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 SONATA TSOUKATOS Plaintiff VS. EVANGELOS TSOUKATOS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2176 : CIVIL ACTION - LAW : IN DIVORCE : FAMILY DIVISION CERTIFICATE OF SERVICE I hereby certify on this 10th day of December, 2003, that a copy of the foregoing Amended Complaint in Divorce was mailed, first-class, postage pre-paid to: William C. Kollas, Esquire 1104 Fernwood Avenue Camp Hill, PA 17011 ~ LaufiL~. Saltzg'~er, Esq 're~ Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 o FAX(717) 236-2817 SONATA TSOUKATOS, Plaintiff VS. EVANGELOS TSOUKATOS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2176 : : CWIL ACTION - LAW : IN DWORCE : FAMILY DIVISION CERTIFICATE OF SERVICE I, Carole A. Rose, of the Law Offices of Kollas and Kennedy, hereby certify that I have this 24th day of November, 2003, served a tree and correct copy of RULE TO SItOW CAUSE by depositing same in the United States mail, first class, postage prepaid, addressed to the following: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Post Office Box 1062 Harrisburg, PA 17108 LAW OFFICES OF KOLLAS AND KENNEDY Carole A. Rose SONATA TSOUKATOS Plaintiff VS. EVANGELOS TSOUKATOS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2176 CIVIL ACTION - LAW 1N DIVORCE FAMILY DIVISION ANSWER TO PETITION TO DIRECT PLAINTIFF TO FILE AN AFFIDAVIT OF CONSENT AND NOW, comes the Plaintiff, Sonata Tsoukatos, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Answer to Petition to Direct Plaintiff to File an Affidavit of Consent and in support thereof avers as follows: No answer required, the document speaks for itself. No answer required, the document speaks for itself. No answer required, the acceptance of service speaks for itself. 2. 3. 4. No answer required, the document speaks for itself. Admitted in part and denied in part. The Order of June 19, 2003 speaks for itself. It is denied that any payments have been made into "the escrow account of the Plaintiffs attorney". All payments are being held in a separate interest bearing escrow account in the joint names of the parties. Plaintiffs attorney has merely arranged for the joint escrow account. Admitted in part and denied in part. The Order of June 19, 2003 speaks for itself. It is denied that any payments have been made into "the escrow account of the Plaintiffs attorney". All payments are being held in a separate interest bearing escrow account in MEYERS, DESFOR~ SAL"J~GIVER & BOYLE 410 NORTH SECOND STREET · P.O. SOX1062 · HARRISBURG, PA17108 (717} 236-94213 * FAX (717) 236-2817 10. 11. 12. 13. 14. 15. 16. 17. 18. the joint names of the parties. Plaintiffs attorney has merely arranged for the joint escrow account. Denied. Defendant entered into said agreement to resolve the Petition for Special Relief and to avoid paying Plaintiff's attorney fees. Denied insofar as Defendant alleges that he is making any sort of payment. All payments are being made from the third party buyers of the marital business. Denied insofar as Defendant alleges that he is making any sort of payment. All payments are being made from the third party buyers of the marital business. No answer required, the document speaks for itself. Admitted. Neither admitted nor denied, Plaintiff is without sufficient information to form a belief asI to the truth mad veracity of this averment, and proof thereof will be demanded at time of trial. Denied. Plaintiff is not aware of any marital debts due and owing. No answer required, the documents speak for themselves. Admitted. Neither admitted nor denied. The complaint speaks for itself. Denied. The parties have not been separated for a period of two years or more. Plaintiff has filed an Amended Complaint in Divorce on or about December 10, 2003 and has requested a divorce pursuant to Section 3301(d) of the Divorce Code, Denied. The holding in Skelly is inapplicable to the case herein. 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · RO. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2617 19. Denied. The holding in Rueckert provides that a Plaintiffwho refuses to execute an Affidavit of Consent should not receive alimony pendente lite. Rueckert is inapplicable to the case herein, as Plaintiff is not receiving alimony pendente lite. WHEREFORE, Plaintiff respectfully requests this Honorable Court deny and dismiss Defendant's Petition to Direct Plaintiff to File an Affidavit of Consent. , Respectfully submitt~__~\ //./' Xr i , Esquire Attorney I.D. #61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Harrisburg, PA 17101 (717)236-9428 Attorney for Plaintiff 4 MEYERS, DESFOR, SAL~-ZGIVER & nOYLE 410 NORTH SECOND STREET · P,O. BOX 1062 · HARRISBURG, PA 17108 (717) 230-9428 · FAX(717) 236-2817 VERIFICATION I, Sonata Tsoukatos , verify that the statements made in this Answer to Petition ~o D~r~ Plaintiff to File an Affidavit of Consent are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. relating to unsworn falsification to C.S. Section 4904, authorities. Dated: 12/10/03 ( ) Defendant MEYERS, DESFOR, SAL'~ZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. OOX1062 · HARRISBURG, PA17108 (717) 236-9428 · FAX(717) 236-2817 SONATA TSOUKATOS Plaintiff VS. EVANOELOS TSOUKATOS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2176 : : CIVIL ACTION - LAW : IN DIVORCE : FAMILY DIVISION CERTIFICATE OF SERVICE I hereby certify on this /0~h day of December, 2003, that a copy of the foregoing Answer to Petition to Direct Plaintiff to File an Affidavit of Consent was mailed, first-class, postage pre-paid to: William C. Kollas, Esquire 1104 Femwood Avenue Camp Hill, PA 17011 Laurie A Sal zgiver, Esquire Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 - __.__ (717) 236-9428 ,, FAX(717) 236-2817 SONATA TSOUKATOS, Plaintiff EVANGELOS TSOUKATOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2176 CIVIL ACTION IN DIVORCE PETITIONER'S MOTION TO MAKE RULE ABSOLUTE AND NOW comes Defendant/Petitioner, Evangelos Tsoukatos, who, by and through his attorneys Kollas and Kennedy, moves this Honorable Court to make absolute the rule to show cause which was issued in the above-captioned matter on November 20, 2003, and in support thereof avers the following: 1. Defendant/Petitioner Evangelos Tsoukatos filed a Petition to Direct Plaintiff to File an Affidavit of Consent on November 19, 2003. 2. On November 20, 2003, this Honorable Court issued a rule on Plaintiff/Respondent Sonata Tsoukatos to show cause why the Petition to Direct Plaintiff to File an Affidavit of Consent should not be granted. 3. On November 24, 2003, counsel for Defendant/Petitioner Evangelos Tsoukatos caused a copy of the rule to be served on counsel for Plaintiff/Respondent Sonata Tsoukatos. A true and correct copy of the Certificate of Service regarding the rule is attached hereto as Exhibit 4. On December 11, 2003, counsel for Defendant/Petitioner Evangelos Tsoukatos received Plaintiff/Respondent Sonata Tsoukatos's answer to the petition as well as her Amended Complaint in Divorce, which were both time-stamped on December 10, 2003, by the Prothonotary of Cumberland County. 5. Plaintiff/Respondent Sonata Tsoukatos did not seek leave of Court to file an Amended Complaint. 6. Plaintiff/Respondent Sonata Tsoukatos did not seek consent from Defendant/Petitioner Evangelos Tsoukatos to file the Amended Complaint. 7. Plaintiff/Respondent Sonata Tsoukatos is in violation of Pa.R.C.P. 1033 for failing to seek either leave of Court or consent of the adverse party before filing her Amended Complaint. 8. Moreover, the Amended Complaint prejudices the position of Defendant/Petitioner Evangelos Tsoukatos by the removal of language directed to Section 3301 (c) of the Divorce Code. 9. That is, in the Amended Complaint, Plaintiff attempts to contradict her judicial admission that the marriage is irretrievably broken, as stated in Paragraph 5 of the Complaint in Divorce. 10. Additionally, the Amended Complaint removes former Count I of the Complaint in Divome, where said Count addressed Section 3301(c) of the Divome Code. This Count of the Complaint in Divorce included Paragraph 10 (an incorporation by reference paragraph) and Paragraph 11 (Plaintiff's intent to file an affidavit of consent after 90 days from filing the Complaint), which are likewise judicial admissions. 11. Admissions contained in a party's pleadings constitute judicial admissions which are conclusive and cannot be contradicted at a later time by a party who has made them regardless of the method by which the party seeks to contradict them. Kaiser v. Western States Administrators, 702 A.2d 609 (Pa. Commw. 1997). 12. Furthermore, Defendant/Petitioner Evangelos Tsoukatos is prejudiced by the filing of the Amended Complaint because he relied, at least in part, on the averments in the Complaint when he entered into the agreement reached by the parties after the June 19, 2003, heating before this Honorable Court. That is, Defendant/Petitioner Evangelos Tsoukatos justifiably relied on the averments in the Complaint in agreeing to the terms adopted in the Order entered June 19, 2003. 13. For the above-stated reasons, Plaintiff/Respondent Sonata Tsoukatos's Amended Complaint must be stricken. 14. Plaintiff/Respondent Sonata Tsoukatos's references to her Amended Complaint in her answer to the petition must be stricken. 15. With the striking of said documents, in whole or in relevant part, the answer of Plaintiff/Respondent Sonata Tsoukatos fails to raise disputed issues of material fact. 16. Pursuant to Pa.R.C.P. 206.7(b), Defendant/Petitioner Evangelos Tsoukatos requests this Honorable Court to decide this matter on the petition and the answer as stricken in relevant part. WHEREFORE, Defendant/Petitioner Evangelos Tsoukatos requests that this Honorable Court make the rule to show cause absolute and grant the Petition to Direct Plaintiffto File an Affidavit of Consent. RESPECTFULLY SUBMITTED William C. Kollas, Esquire Attorney ID No. 06341 KOLLAS & KENNEDY 1104 Femwood Avenue, Suite 104 Camp Hill, Pennsylvania 17011 (717) 731-1600 ATTORNEY FOR DEFENDANT Date: SONATA TSOUKATOS, Plaintiff VS. EVANGELOS TSOUKATOS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2176 : : CIVIL ACTION - LAW : IN DIVORCE : FAMILY DIVISION CERTIFICATE OF SERVICE I, Carole A. Rose, of the Law Offices of Kollas and Kennedy, her[by C~.~'tifY [hat I have this 24th day of November, 2003, served a tree and correct copy ofRULE'~O SItOW CAUSE by depositing same in the United States mail, first class, postage prelJ~id, add/-~ssed-t~: the following: ;.. Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Post Office Box 1062 Harrisburg, PA 17108 LAW OFFICES OF KOLLAS AND KENNEDY Carole A. Rose SONATA TSOUKATOS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVANGELOS TSOUKATOS, Defendant No. 03-2176 CIVIL ACTION IN DIVORCE VERIFICATION I, Evangelos Tsoukatos, the Defendant/Petitioner herein, verify that the statements made in the foregoing PETITIONER'S MOTION TO MAKE RULE ABSOLUTE are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unswom falsification to authorities. BY: ~ _ Evangelos s-oukato~ DATE: SONATA TSOUKATOS, PLAINTIFF V. EVANGELOS TSOUKATOS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2176 CIVIL TERM AND NOW, this ORDER OF COURT day of December, 2003, following a review of the Petition to Direct Plaintiff to File an Affidavit of Consent, and the answer filed ~L/~urie A. Saitzgiver, Esquire For Plaintiff thereto, the petition IS DENIED WITHOUT A HEARING? Edgar B. Bayley, J. ~ ¢/'William C. Kollas, Esquire For Defendant :sal ' A spouse can never be forced to file a Section 3301(c) affidavit of consent. Zeigler v. Alleman, 46 Cumberland L.J. 154 (1997). SONATA TSOUKATOS : Plaintiff : VS. : EVANGELOS TSOUKATOS : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2176 CIVIL ACTION - LAW IN DIVORCE FAMILY DIVISION PROOF OF SERVICE OF AMENDED COMPLAINT IN DIVORCE MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 * HARRISBURG, PA 17108 (717) 238-9428 · FAX(717) 23B-2817 SONATA TSOUKATOS, Plaintiff EVANGELOS TSOUKATOS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2176 CWIL ACTION IN DIVORCE MOTION TO STRIKE AMENDED COMPLAINT AND TO MODIFY OR TERMINATE ORDER ENTERED JUNE 19, 2003 AND NOW comes Defendant, Evangelos Tsoukatos, who, by and through his attorneys Kollas and Kennedy, moves this Honorable Court to strike the Amended Complaint and to modify or terminate the Order entered June 19, 2003, and in support thereof avers the following: 1. On December 11, 2003, counsel for Defendant Evangelos Tsoukatos received Plaintiff Sonata Tsoukatos's Amended Complaint in Divorce, which was time-stamped on December 10, 2003, by the Prothonotary of Cumberland County. Plaintiff Sonata Tsoukatos did not seek leave of Court to file an Amended Complaint. 3. Plaintiff Sonata Tsoukatos did not seek consent fi'om Defendant Evangelos Tsoukatos to file the Amended Complaint. 4. Plaintiff Sonata Tsoukatos is in violation ofPa. R.C.P. 1033 for failing to seek either leave of Court or consent of the adverse party before filing her Amended Complaint. 5. Moreover, the Amended Complaint prejudices the position of Defendant Evangelos Tsoukatos by the removal of language directed to Section 3301 (c) of the Divorce Code. 6. That is, in the Amended Complaint, Plaintiff attempts to contradict her judicial admission that the marriage is irretrievably broken, as stated in Paragraph 5 of the Complaint in Divorce. 7. Additionally, the Amended Complaint removes former Count I of the Complaint in Divorce, where said Count addressed Section 3301(c) of the Divome Code. This Count of the Complaint in Divorce included Paragraph 10 (an incorporation by reference paragraph) and Paragraph 11 (Plaintiff's intent to file an affidavit of consent after 90 days from filing the Complaint), which are likewise judicial admissions. 8. Admissions contained in a party's pleadings constitute judicial admissions which are conclusive and cannot be contradicted at a later time by a party who has made them regardless of the method by which the party seeks to contradict them. Kaiser v. Western States Administrators, 702 A.2d 609 (Pa. Commw. 1997). 9. Furthermore, Defendant Evangelos Tsoukatos is prejudiced by the filing of the Amended Complaint because he relied on the averments in the Complaint when he entered into the agreement reached by the parties during the June 19, 2003, hearing before this Honorable Court. That is, Defendant Evangelos Tsoukatos justifiably relied on the averments in the Complaint in agreeing to the terms adopted in the Order entered June 19, 2003, signed by the Honorable Edgar B. Bayley, Judge. 10. The material terms of said agreement affecting the Defendant relate to the economic determination of the Plaintiff's interest, if any, in the proceeds from the sale of a restaurant business which Defendant operated and owned a part thereof during the marriage. Said business was operated by Defendant from June 1, 2002, until May 1, 2003. I 1. Under the Order of June 19, 2003, Defendant is required to deposit substantial amounts of the proceeds related to the sale of said business in art escrow account pending a determination of equitable distribution, which will not be decided in the near future according to Plaintiff's own admission. 12. That is, on November 10, 2003, counsel for Plaintiff sent a letter to Divorce Master Elicker advising that Plaintiff was "not agreeable to moving forward to a divorce master's hearing at this time. Accordingly, since the two year period of separation has not tolled, we are not agreeable to your appointment." A true and accurate copy o;['said letter is attached hereto as Exhibit "A." 13. Retention of said proceeds in escrow is working a severe hardship on Defendant in that Defendant has been unable to pay creditors of said business. 14. Plaintiff is not moving forward with the divorce so that Plaintiff may exert significant economic pressure on Defendant rather than having equitable distribution determined by a Master or this Court. 15. For the above-stated reasons, Plaintiff Sonata Tsoukatos's Amended Complaint must be stricken. For the above-stated reasons, the Order entered June 19, 2003, must he modified 16. or terminated. 17. If the Order of June 19, 2003, is terminated, all fimds in said escrow account must be returned to Defendant. 18. Counsel for Plaintiff has not entered a concurrence to this Motion. WHEREFORE, Defendant Evangelos Tsoukatos requests that this Honorable Court strike the Amended Complaint and modify or terminate the Order of Court entered on June 19, 2003. If the Order of June 19, 2003, is terminated, all funds in said escrow account must be returned to Defendant. Date: RESPECTFULLY SUBMITTED William C. Kollas, Esquire Attorney ID No. 06341 KOLLAS & KENNEDY 1104 Femwood Avenue, Suite 104 Camp Hill, Pennsylvania 17011 (717) 731-1600 ATTORNEY FOR DEFENDANT SONATA TSOUKATOS, Plaintiff EVANGELOS TSOUKATOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2176 CIVIL ACTION IN DIVORCE VERIFICATION I, Evangelos Tsoukatos, the Defendant herein, verify that the statements made in the foregoing MOTION TO STRIKE AMENDED COMPLAINT AND TO MODIFY OR TERMINATE ORDER ENTERED JUNE 19, 2003 are tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unswom falsification to author/ties. DATE: ltl Z3[ 03, · ~ BY: ~os SONATA TSOUKATOS, Plaintiff VS. EVANGELOS TSOUKATOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2176 CIVIL ACTION - LAW IN DIVORCE FAMILY DIVISION CERTIFICATE OF SERVICE 2- ~Carole A. Rose, of the Law Offices of Kollas and Kennedy, hereby certify that I have this ~ ---day of ~ , 2003, served a tree and correct copy of MOTION TO STRIKE AMENDED COMPLAINT AND TO MODIFY OR TERMINATE ORDER ENTERED JUNE 19, 2003 by depositing same in the United States mail, first class, postage prepaid, addressed to the following: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Post Office Box 1062 Harrisburg, PA 17108 LAW OFFICES OF KOLLAS AND KENNEDY Carole A. Rose SONATA TsoUKATOS, : Plaintiff : ; V. EVANGELOS TSOUKATOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2176 CIVIL ACTION IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ~ ~_ dayof ~~:2~, 200~.~__, aRule is issued upon Plaintiff, Sonata Tsoukatos, to show cause why the within MOTION TO STRIKE AMENDED COMPLAINT AND TO MOD[FY OR TERMINATE ORDER ENTERED JUNE 19, 2003, should not be granted. This Rule is returnable fifteen (15) days after se~Answer filed shall be forwarded to chambers by the Prothonotary. ~ ( ' SONATA TSOUKATOS Plaintiff` VS. EVANGELOS TSOUKATOS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2176 : CIVIL ACTION - LAW : 1N DIVORCE : FAMILY DIVISION PLAINTIFF'S ANSWER TO MOTION TO STRIKE AMENDED COMPLAINT AND TO MODIFY OR TERMINATE ORDER ENTERED JUNE 19, 2003 AND NOW, comes the Plaintiff, Sonata Tsoukatos, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Answer to Motion to Strike Amended Complaint and to Modify or Terminate Order Entered June 19, 2003 and in support thereof avers as follows: 1. No answer required, the document speaks for itself 2. Admitted, and by way of further answer, it was not necessary for Plaintiff'to seek leave of Court to file her Amended Complaint. 3. Admitted, and by way of further answer, it was not necessary for Plaintiff`to seek consent of the Defendant to file her Amended Complaint. 4. Denied. A party may amend a Divorce Complaint at any time. 5. Denied. Defendant is not prejudiced in any way by Plaintiffs pleadings, as Defendant is entitled to enter and pursue any and all counterclaims as applicable under the Divorce Code. Denied, the document speaks for itself. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · PO BOX 1062 " HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 10. 11. 12. 13. 14. Denied, the document speaks for itsel£ Denied. A Divorce Complaint can be amended at any time. Denied. The Order of June 19, 2003 was entered as a result of the parties agreement regarding Plaintiffs Petition for Special Relief and to preserve the parties' most substantial marital asset for equitable distribution. Defendant entered into this agreement with the knowledge that if he did not do so, the Court could enter such an Order in addition to ordering the Defendant to pay Plaintiffs counsel fees. Denied. The restaurant/business interest is the parties most significant marital asset. The business was operated jointly by both parties during the marriage. The proceeds of the sale of this business are subject to equitable distribution under the Divorce Code. Denied. The Order speaks for itself and requires the proceeds from the sale of the business to be placed into escrow. The goal of the Divorce Code is to preserve assets during the pendency of the divorce action, and to maintain and preserve these assets for final equitable distribution. No answer required, the document speaks for itsel£ Neither admitted nor denied, Plaintiff is without information sufficient to form a belief as to the truth and veracity of this averment and proof thereof will be demanded at time of trial. Denied. Defendant, by bringing his petition, is attempting to deprive Plaintiffofher right to discovery and equitable distribution of all assets and attempting to deprive her of her rights under the Divorce Code. 3 MEYERS, DESFOR, SAL~ZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 15. This averment contains a prayer for relief and no answer is required. 16. Denied. The Order of June 19, 2003 was entered upon the agreement of the parties and cannot be modified by the Court. 17. Denied. The Order of June 19, 2003 was entered upon the agreement of the parties and cannot be modified by the Court. By way of further answer, the proceeds from the sale of the marital business is the parties most significant asset and must be maintained and preserved until the time of final equitable distribution. Throughout this litigation, Defendant has been engaged in a course of conduct intent upon depriving Plaintiff of her rights to equitable distribution. 18. Admitted. WHEREFORE, Plaintiff Sonata Tsoukatos, requests this Honorable Court deny Defendant's Motion to Strike Amended Complaint and to Modify or Terminate Order of June 19, 2003. Respectfully submitted, Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Harrisburg, PA 17101 (717)236-9428 Attorney for Plaintiff 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX (717) 236-2817 SONATA TSOUKATOS Plaintiff VS. EVANGELOS TSOUKATOS Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2176 : CIVIL ACTION - LAW : IN DIVORCE : FAMILY DIVISION CERTIFICATE OF SERVICE I hereby certify on this 15th day of January, 2003, that a copy of the foregoing Answer to Motion to Strike Amended Complaint and to Modify or Terminate Order Entered June 19, 2003 was mailed, first-class, postage pre-paid to: William C. Kollas, Esquire 1104 Fernwood Avenue Camp Hill, PA 1701I MEYERS, DESFOR, SAL'rZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX{717) 236-2817 SONATA TSOUKATOS, Plaintiff EVANGELOS TSOLrKATOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2176 CWIL ACTION IN DIVORCE MOTION TO MAKE ABSOLUTE THE RULE TO SHOW CAUSE ISSUED ON DECEMBER 31, 2003, PURSUANT TO DEFENDANT'S MOTION TO STRIKE AMENDED COMPLAINT OR OTHERWISE MODIFY OR TERMINATE ORDER ENTERED JUNE 19, 2003 AND NOW comes Defendant, Evangelos Tsoukatos, who, by and through his attorneys Kollas and Kennedy, moves this Honorable Court to make absolute the rule to show cause which was issued in the above-captioned matter on December 31, 2003, and in support thereof avers the following: 1. On December 26, 2003, Defendant Evangelos Tsoukatos filed a Motion to Strike Amended Complaint and to Modify or Terminate Order Entered June 19, 2003. 2. On December 31, 2003, this Honorable Court issued a rule on Plaintiff/Respondent Sonata Tsoukatos to show cause why said iMotion should not be granted. 3. On January 5, 2004, counsel for Defendant Evangelos Tsoukatos caused a copy of the rule to be served on counsel for Plaintiff/Respondent Sonata Tsoukatos. A true and correct copy of the letter regarding same is attached hereto as Exhibit "A." 4. On January 15, 2004, Plaintiff/Respondent Sonata Tsoukatos sent to the Prothonotary of Cumberland County a letter and copies of Plaim:iff's Answer to Motion to Sh-ike Amended Complaint and to Modify or Terminate Order Entered June 19, 2003; a copy of said letter and Plaintiff's Answer were also sent to Defendant's coun:5el. A true and correct copy of said letter is attached hereto as Exhibit "B." 5. At paragraph 4 of Plaintiff's Answer, without citation to rule or case law for support, Plaintiff has made the legal conclusion that Plaintiff can amend a divorce complaint at any time. 6. Plaintiff/Respondent Sonata Tsoukatos remains in violation ofPa. R.C.P. 1033 for failing to seek either leave of Court or consent of the adverse party before filing her Amended Complaint. 8. Moreover, the Amended Complaint prejudices the position of Defendant Evangelos Tsoukatos as stated in his Motion to Strike Amended Complaint and to Modify or Terminate Order Entered June 19, 2003. 9. Plaintiff's Answer to Motion to Strike Amended Complaint and to Modify or Terminate Order Entered June 19, 2003, fails to raise disputed issues of material fact. 10. Pursuant to Pa.R.C.P. No. 206.7(b), Defendant Evangelos Tsoukatos requests this Honorable Court decide this matter on the petition and answer. WHEREFORE, Defendant Evangelos requests that this ttonorable Court make the rule to show cause absolute and grant the following relief, such that: 1) Plaintiff's Amended Complaint be stricken; and 2) A heating to modify or terminate the Order of June 19, 2003, be scheduled; and 3) If the Order of June 19, 2003, is terminated, all funds held in escrow be returned to Defendant within 30 days of such termination. RESPECTFULLY SUBMITTED William C. Kollas, iEsquire AttomeylD No. 061341 KOLLAS & KENNEDY 1104 Femwood Awmue, Suite 104 Camp Hill, Pennsylvania 17011 (717) 731-1600 ATTORNEY FOR DEFENDANT Date: WILLIAM C. KOLLAS JAMES W. KOLLAS LAW OFFICES OF KOLLAS AND KENNEDY 1104 FERNWOOD AVENUE CAMP HILL, PENNSYLVANIA 17011 January 5, 2004 OF COUNSEL MARY KOLLAS KENNEDY TELEPHONE NO. (717) 731-1600 FAX NO. (717) 731-1460 Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Post Office Box 1062 Harrisburg, PA 17108 Dear Laurie: Tsoukatos v. Tsoukatos Common Pleas Court of Cumberland County No.: 03-2176 Civil Term In case you did not receive it, enclosed is a copy of the time-stamped Rule to Show Cause. WCK/car Enclosure If you should have any questions, please do not hesitate to contact my office. Very truly yours, KOLLAS AND KENNEDY William C. Kollas LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE ~.10 NORTH SECOND ~TREET HARRISBURG, PA. 1710E~ (717) ~ 36-94E:8 January 15, 2004 ~T!A FEDERAL EXPRESS Curtis Long Prothonotary C~JMBERLA/LrD COI/NTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 RE: Dear Mr. Sonata Tsoukatos v. Evanqelos Tsoukatos Divorce No.: 03-2176 Long: Enclosed please find an original and two copies of Plaintiff,s Answer to Motion to Strike Amended Complaint and to Hodify or Terminate Order Entered June 19, 2003 in the above- referenced action. Please file the answer and return the time- stamped copies in the enclosed self-addressed stamped envelopes. Thank you for your assistance in this matter. LAS/clk Enclosures cc: Sonata Tsoukatos William Kollas, Esquire%/ ~incerely, Laurie EXHIBIT I SONATA TSOUKATOS, Plaintiff EVANGELOS TSOUKATOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA No. 03-2176 CIVIL ACTION 1N DIVORCE VERIFICATION I, Evangelos Tsoukatos, the Defendant herein, verify that the statements made in the foregoing MOTION TO MAKE ABSOLUTE THE RULE TO SHOW CAUSE ISSUED ON DECEMBER 31, 2003, PURSUANT TO DEFENDANT'S MOTION TO STRIKE AMENDED COMPLAINT OR OTHERWISE MODIFY OR TERMINATE ORDER ENTERED JUNE 19, 2003, are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. ah -Tsoukatos DATE: SONATA TSOUKATOS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. EVANGELOS TSOUKATOS, Defendant : NO. 03-2176 : : CIVIL ACTION - LAW : IN DIVORCE : FAMILY DIVISION CERTIFICATE OF SERVICE I, Lisa Bock, of the Law Offices of Kollas and Kennedy, hereby certify that I have this o~ dayof ~¢,,x~L)c~,r,,4 ,2004, served a true and correct copy ofMOTiON TO MAKE ABSOLUTE THE RULE TO SHOW CAUSE ISSUED ON DECEMBER 31, 2003, PURSUANT TO DEFENDANT'S MOTION TO STRIKE AMENDED COMPLAINT OR OTHERWISE MODIFY OR TERMINATE ORDER ENTERED JUNE 19, 2003 by depositing same in the United States mail, first class, postage prepaid, addressed to the following: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Post Office Box 1062 Harrisburg, PA 17108 LAW OFFICES OF KOLLAS AND KENNEDY ,/) Lisa Bock sonata TSOUKATOS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA EVANGELOS TSOUKATOS, DEFENDANT : 03-2176 CIVIL TERM AND NOW, this ORDER OF COURT day of February, 2004, following a review of the petition for which a Rule to show cause was entered and the answer thereto, IT IS ORDERED that defendant shall file a brief in chambers not later than ten (10) days from this date in support of his petition and plaintiff shall file a response not later than twenty (20) days from this date in support of her answer in denial to the petition for relief. Edgar B. Bayley, J. ,,,,'Laurie A. Saltzgiver, Esquire For Plaintiff /William C. Kollas, Esquire For Defendant :sal SONATA TSOUKATOS Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. EVANGELOS TSOUKATOS Defendant · NO. 03-2176 : CIVIL ACTION - LAW : IN DIVORCE · FAMILY DIVISION PRAECIPE TO WITHDRAW AMENDED DIVORCE COMPLAINT FILED ON DECEMBER 10, 2003 TO THE PROTHONOTARY OF SAID COURT: Please withdraw the Amended Divorce Complaint filed on December 10, 2003 by the Plaintiff, Sonata Tsoukatos. · Respectfully submitted, · · Saltzg'ive Attorney I.D. #613 Meyers, Desfor, Saltzgiver & Boyle 410 Noffh Second Street Harrisburg, PA 17101 (717)236-9428 Attorney for Pl~nfiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISSURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 SONATA TSOUKATOS Plaintiff · 1N TIlE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA VS. EVANGELOS TSOUKATOS Defendant NO· 03-2176 : CIVIL ACTION - LAW : IN DIVORCE : FAMILY DIVISION CERTIFICATE OF SERVICE I hereby certify on this 4th day of March, 2004, that a copy of the foregoing Praecipe to Withdraw Divorce Complaint filed on December 10, 2003 was mailed, first-class, postage pre- paid to: William C. Kollas, Esquire 1104 Fernwood Avenue Camp Hill, PA 17011 Laurie ~. ~al}'z~i~er, Attorney for Plaintiff ;.squire'~ MEYERS, DESFOR, SALIZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISEURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 SONATA TSOUKATOS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. EVANGELOS TSOUKATOS Defendant NO. 03-2176 ' CIVIL ACTION - LAW : IN DIVORCE ' FAMILY DIVISION AFFiDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 7, 2003. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made 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: d>d4 -0-9-0,~' ~ MEYERS, DEBFOR, SALTZGIVER & BOYLE 410NORTH SECOND STREET · P.O. BOX1062 · HARRISBURG, PA17108 (717) 236-9428 · FAX(717) 236-2817 SONATA TSOUKATOS Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA VS. EVANGELOS TSOUKATOS Defendant · NO. 03-2176 : CIVIL ACTION - LAW ' IN DIVORCE · FAMILY DIVISION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is flied 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. onata~/at6s ~/ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET * P.O. BOX 1062 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 236-2817 SONATA TSOUKATOS Plaintiff. · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. EVANGELOS TSOUKATOS Defendant · NO. 03-2176 : CIVIL ACTION - LAW : IN DIVORCE : FAMILY DIVISION AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 7, 2003. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made 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: Evangelos Tbouka'l o s MEYERS, DESFOR, SALI'~GIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 10~2 · HARRISBURG, PA 17108 (717) 236-9428 · FAX(717) 23~-2817 SONATA TSOUKATOS Plaintiff · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. EVANGELOS TSOUKATOS Defendant · NO. 03-2176 : CIVIL ACTION - LAW : IN DIVORCE · FAMILY DIVISION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this afi~davit 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. Evangelos Tso~-atug - MEYERS~ DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA 17106 (717) 236-9428 * FAX (717) 236-2817 MARITAL SETTLEMENT AGREEMENT THZS AGREEMENT made this "/~-- 2004 by and between Sonata Tsoukatos "Wife") of Cumberland County, Pennsylvania and Evangelos Tsoukatos (hereinafter referred to as "Husband") of Cumberland County, Pennsylvania. day of / //ocqjcz~.~ , (hereinafter referred to as WITNES SETH : WHEREAS, Husband and Wife were lawfully married on February 11, 1998 in New York, New York; and WHEREAS, one child has been conceived of this marriage; namely, Alexandros Tsoukatos, born on June 29, 2000; and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all between them, including any and all claims Husband's rights to equitable distribution, support, and disputes existing for Wife's and/or maintenance and/or alimony, alimony pendente lite, counsel fees and costs; WI4EREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and have executed all necessary Affidavits of Consent and Waivers of Notice forms required by the court 2 for the entry of a mutual consent divorce. Both Husband and Wife have directed their respective counsel to immediately file with the Court said Affidavits and Waivers and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. o FULL FORCE AND EFFECT: This Agreement shall continue in full force and effect until such time of final Decree in Divorce is entered. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. INTERFErENCe: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere 3 with the peaceful existence, separate and apart from the other. WIFE'S DEBTS: Wife represents and warrants to Husband that since the parties separated, to wit, April 28, 2003 she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND,S DEBTS: Husband represents and warrants to Wife that since the parties separated, to wit, April 28, 2003 he has not and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. DISCOVERY/FINANCIAL DISCLOSD-R~: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The parties acknowledge that they have both been given the opportunity to conduct 4 investigation into all assets, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties income and financial condition. o MUTUAL RELEASES: Subject to the provisions of this and by or her Agreement, each party has released and discharged, this Agreement does for himself or herself and his heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980, as amended in 1988 including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property settlement agreement as incorporated in the divorce decree, under the Divorce Code of 1980, as amended, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. RELEASE OF TESTA~R. NTARY CLA?~: Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third- party beneficiary rights upon the other heirs and beneficiaries of each. 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last Will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 11. ~TIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADVICE/VOLUI~TAR¥ RxmCUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Wife has employed and has had the benefit of counsel of Laurie A. Saltzgiver, Esquire, as her attorney. Husband has employed and has had the benefit of counsel of William C. Kollas, Esquire, as his attorney. Each party acknowledges that they have received independent legal advice from counsel and that each party fully understands the facts and have been fully informed of their legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, 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 7 improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses° 13. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. 14. EOUITABLE DISTRIBUTION: a. Escrow account/Equitable Distribution Payments: The parties acknowledge that they have an escrow account at Waypoint Bank, June 19, 2003. which is pursuant to the Court Order of The approximate balance of this escrow § account is $25,014.00. Upon the execution of this Agreement, this escrow account shall be divided as follows: $15,000.00 to Wife and the remaining balance to Husband. Husband shall also make the following lump sum equitable distribution payments to Wife: $5,000.00 by September 1, 2004, $5,000.00 by September 1, 2005, and $5,000.00 by September 1, 2006. These three (3) $5,000.00 payments by Husband to Wife shall be non- taxable, equitable distribution payments. These equitable distribution payments shall not be dischargeable by Husband in any bankruptcy proceedings. It is anticipated that Husband will be paying Wife with funds he receives from the sale of the corporate stock and restaurant business known as West Shore Plaza Family Restaurant from Lemoyne Arcadia, Inc. to Emmanouel Levakis. Sales Agreement attached as Exhibit "A". If the Sales Agreement is changed or modified in any way, or if there would be any advance pre-payment, whether in whole or in part, from Emmanouel Levakis to Lemoyne Arcadia, Inc., then Wife shall be paid in full, from said pre-payment. Business Interests: Husband shall keep as his sole possession his business interests and any benefits and/or debts and liabilities derived therefrom. These business interests include, but are not limited to, 9 West Shore Plaza Family Restaurant, E & K Partnership and Lemoyne Arcadia, Inc. Other than as provided in paragraph 14(a) regarding profits (but not regarding debts and liabilities) Husband shall be entitled to any and all profits from the sales agreements involving these business entities, as well as any debts and/or liabilities owing in relationship to these entities. Husband shall indemnify and hold Wife harmless for any and all debts or liabilities associated with any of his business interests, whatsoever. Automobiles: Husband shall keep the Nissan Pathfinder automobile as his sole and exclusive possession, free and clear of any and all claim or demand by Wife. The parties agree to execute any and all documentation necessary to give effect to the above paragraph. Checkinq/Savings Accounts: Wife shall keep as her sole and exclusive possession any and all checking and savings accounts in her name alone. Husband waives any and all right or claim to said checking and savings accounts. Husband shall keep as his sole and exclusive possession any and all checking and savings accounts in his name alone. Wife waives any and all right or claim to said checking and savings accounts. Credit Cards: Wife shall keep as her sole and exclusive possession and responsibility any and all l0 credit card accounts in her name alone. Wife shall indemnify and save harmless Husband from any and all claims or demands made against him regarding said credit card accounts. Husband shall keep as his sole and exclusive possession and responsibility any and all credit card accounts in his name alone. Husband shall inder~nify and save harmless Wife from any and all claims or demands made against him regarding said credit card accounts. 15. 16. ALEXANDROS' SAVINGS ACCOUNT: By September 1, 2004, Husband shall re-establish their son, Alexandros' savings account, in Alexandros' and both parents names, in the amount of $900.00. WAIVER OF RIGHT TO ALIMONY, ALT~ONY PENDENTE LITE, COUNS~?, FEES, COSTS AND EXPENSER: The parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, counsel fees, costs and expenses from the other unless otherwise provided for in this Agreement. 17. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 19. MODIFICATION AND WAIVe. W: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 12 21. VOID CLAUSES: 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. 22. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. 23. APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS W~EREOF, the parties have hereunto set their hands and seals the day and year first above-written. Evangelo~ Tsoukatos William C. Kollas, Esquire SALES AGREEMENT THIS AGREEMENT is made and. .e. ntered into this ~ WP day of"~, .... 2,~^~ - - ~p'~ , vvo, oy George Tsoukatos, an adult individual residing at 141 Philadelphia Avenue, Mas~apequa Park, New York, and a shareholder of Lemoyne Arcadia, Inc., and Evangelos Tsoukatos, an adult individual residing at 251 East Crestwood Drive, Camp Hill, Pennsylvania and a shareholder of Lemoyne Arcadia, Inc., together hereinafter called "SELLERS" and Emmanouel Levakis, an adult individual residing at 1801 Snyder Avenue, Baltimore, Maryland hereinafter called "BUYER." WHEREAS, SELLERS are the owners of all the corporate stock of Lemoyne Arcadia, · Inc., which operates a restaurant business known as the West Shore Plaza Family Restaurant located at 1200 Market Street, Lemoyne, Pennsylvania and; WHEREAS, SELLERS are desirous of selling said corporate stock and restaurant business and; WFfE, REAS, BUYER is desirous of buying said corporate stock and restaurant business; NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby agree as follows: 1. _Sale of Restanrant Business. The SELLERS sell the corporate stock and restaurant business known as the West Shore Plaza Family Restaurant to the BUYER for Two Hundred Ten Thousand Dollars ($210,000.00) payable as follows: a) T. en.Thousand Dollars ($10,000.00) down payment prior to the slgmng o£this Agreement; receipt of said payment is hereby acknowledged. h) The sum of Thirty Thousand Dollars ($30,000.00) at settlement on May 2, 2003. c) Payment by the BUYER to the SELLERS monthly as follows: (1) On Suni 2, 2003, BUYERS shall pay the sum of Two Thousand Four Hundred Dollars ($2,400.00) which payment shall be allocated between principal and interest which shall remain at six percent (6%) throughout the loan. 1 (2) On July 2, 2003, and thereafter, BUYERS shall pay the monthly sum of Four Thousand Four Hundred Dollars ($4,400.00). (3) In addition, BUYERs shall pay the sum of Fifteen Thousand Dollars ($15,000.00) with the October 2, 2003, payment and Fifteen Thousand Dollars ($15,000.00) with the March 2, 2004, payment. d) (4) T.he BUYERS will execute within the next thirty (30) days a promissory note which will be in an amount to reflect all monies due the SELLER taking into account the balance owed under this contract, the security deposit with the landlord and inventory as of the close of business on May 2, 2003. The note will reflect that all monthly payments shall be in the amount of Four Thousand Four Hundred Dollars ($4,400.00) except the June 2, 2003, payments which shall be Two Thousand Four Hundred Dollars ($2,400.00), and the October 2, 2003, and March 2, 2003, payments which shall be in the amount of Nineteen Thousand Four Hundred Dollars ($19,400.00). Throughout the term of the loan interest shall remain at six percent (6%) per annum. BUYER shall provide SELLERS with a personal guaranty for the outstanding Note obligation. e) Moreover, the corporate stock shall be held in escrow by KOLLAS and KENNEDY, attorneys for SELLERS until such time as the BUYER makes final, complete payment, at which time the corporate stock shall be transferred to BUYER. ' h t~g~LLq~. The SELLERS and BUYER agree that the BUYER shall have the right to use the name West Shore Plaza Family Restaurant for operation, advertisement, identification, or any other lawful purpose associated with the restaurant business of interest in this Agreement. Pursuant to this provision, an amendment to fictitious name shall be filed with the Commonwealth of Pannsylvania contemporaneously with this Agreement. Liabilities. The SELLERS and BUYER agree that SELLERS shall pay or otherwise address any outstanding liabilities existing at the time of transfer of the restaurant to BUYER. From the time of transfer of the restaurant to th.e BUYER, BUYER shall assume all liabilities as they may come into erdstence or otherwise manifest. 2 U~tilities. The SELLERS and BUYER agree that the utility bills shall be prorated as necessary to allocate amounts such that said amounts are either aPami~utnOt~e party whom has overpaid or are paid by the party owing said ~ BUYER may not sell, transfer or assign any interest in this Agreement without written consent of SELLER, which shall not be unreasonably withheld. Notwithstanding the foregoing, Buyer may transfer and assign his interest to his brother, William Levakis, without SELLERS' con. sent, provided that BUYER gives written notice to SELLER of the asstgnment and further provided that BUYER remains obligated for the full and faithful performance of all terms and conditions of this Agreement. Further, BUYER, may by Last Will and Testament, devise and bequeath his interest in this Agreement, without SELLERS' written consent to his brother, William Levakis. In either event, Kollas and Kennedy, as Escrow Agents, are authorized upon receipt of notice of the assignment and/or devise and bequest, to cancel the stock certificate held in escrow and reissue same to William Levakis. SELLER shall have one (1) year from settlement to provide satisfaction pieces, releases or other proof that the liens of the federal and state grants are invalid. If not provided, BUYER may proceed to obtain them and BUYER will have the right of set-off for any amounts paid to clear the liens, including reasonable attorney fees. SELLER agrees to indemnify, save and hold harmless BUYER from any claims and/or demands arising out of any obligations, whether now known or unknown, that may have arisen prior to the date of this Agreement, including any security interest of Konstantinos A. Mantzavas at both the Department of State at No. 30360530 and in Cumberland County at No. 1999-0370, and the claim of the U.S. Treasury at No. 1995-03499, or any extensions thereof, or that may be asserted or assessed as due and owing against BUYER, his successors and/or assigns. In addition to indemnifying, saving and holding harmless BUYER against any such claims or demands, SELLER agrees to reimburse BUYER for all reasonable attorney's fees and costs incurred in defending against any such claims or demands, or in asserting his rights against SELLER under the terms of this Indemhification Agreement. BUYER is granted the right of setoff of any amounts paid, including costs and reasonable attorney fees, in the event that BUYER is required to pay claims that accrued prior to the date of this Agreement, whether or not the claim is the responsibility of the SELLER or a predecessor of SELLER. c) d) e) S~ELLER Representations and Warranties. Evangelos Tsoukatos represents and warrants as follows, that: a) Lemoyne Arcadia, Inc., is a Pennsylvania corporation duly organized, validly existing and in good standing under the laws of the Commonwealth of Pennsylvania and has the corporate power and authority to own and use its assets and to transact the business in which it is currently engaged; and b) The entire authorized capital stock of Lemoyne Arcadia, Inc., - consists of 100 shares of common stock, $1.00 par value and there are presently issued and outstanding 100 shares of common stock issued to George Tsoukatos and Evangelos Tsoukatos al/of which are duly authorized, validly issued, fully paid and nonassessable without restriction on right of transfer thereo~ and, there are no outstanding warrants, options, contracts, costs, liens, judgments, or other rights of any kind with regard to any shares of common stock or of any other security of Lemoyne Arcadia, Inc., of any kind; and they have the full and unrestricted right, power and authority to exchange sign, transfer and deliver the shares free and clear of claims, charges, equity restrictions, pledges, liens or encumbrances of any kind; and George Tsoukatos and Evangelos Tsoukatos are the sole officers and directors of Lemoyne Arcadia, Inc., and have the full right and title, without any lien and encumbrance whatsoever, to all its issued and outstanding shares of stock; and by adoption of an appropriate resolution, and any of them are authorized to act on behalf of Lemoyne Arcadia, Inc., in this matter; and There are no judgments, liens, taxes, or actions threatened or pending against Seller and/or Lemoyne Arcadia, Inc., in any court, or elsewhere; and SELLER will indemnify and save harmless BUYER against any and all claims or demands made upon BUYER on account of liabilities or obligatioias of SELLER; and further SELLER will indemnify and save harmless BUYER against any and all claims or demands made upon BUYER on account of liabilities or obligations of Lemoyne Arcadia, Inc., that may arise or accrue on or before the date of settlement; and 4 h) To the actual knowledge of SELLER, there is no suit, claim, action or proceeding now pending or threatened before any court, administrative or regulatory body or any governmental agency to which SELLER or Lemoyne Arcadia, Inc., is a party which may result in any judgment, order decree, liability or other determination which will or could have any material adverse effect upon the corporate assets of Lemoyne Arcadia, Inc.; and g) Lemoyne Arcadia, Inc., owns and operates an on-going business and SELLER certifies that all tax returns and reports have been prepared in accordance with accepted accounting standards and have been filed, as due, through the date of this Agreement, and all taxes and charges owed have been paid, and that SELLER shall prepare and file all required tax returns and reports and pay all taxes and assessments of Lemoyne Arcadia, Inc., up to the date of delivery of possession to BUYER, and in some instances, thereafter, the following, SELLER shall cooperate with BUYER to file tax returns and reports that may overlap in the ownership and business activities of Lemoyne Arcadia, Inc.; and All the assets currently located in the subject business premises are owned by either SELLER and/or Lemoyne Arcadia, Inc., and are free and clear of all liens and encumbrances except as set forth on Exhibit "A" attached hereto and made a part hereo~ and All of the foregoing covenants, warranties and representations are cumulative and shall survive closing. BUYER'S Default. a) The SELLERS and BUYER agree that payment to the SELLERS .by the BUYER must be made in a timely manner, which shall be interpreted to mean timely monthly payments made on or before the ~7~ day of each month. Should the BUYER fail to pay SELLERS in a timely manner, SELLERS may make demand upon the BUYER to pay within ten (10) days of written notice sent to the BUYER at the location of the restaurant business. If the BUYER fails to mak~ payment within ten (10) days after receipt ofwrltten notice, BUYER forfeits all payments made to SELLERS and shall have all rights in this agreement rendered NULL and VOID or otherwise TERMINATED and BUYER shall forfeit all interest in this Agreement and shall immediately leave or otherwise surrender possession of the Equipment, restaurant, restaurant business, and all 5 I0. 11. 12. other interests Buyer may have or may have had under the terms of this Agreement. h) Ifa governmental entity, be it federal, state, or local, should cause a valid and uncontested lien to be placed on the premises of the business, or upon the equipment of the business, or upon any other interest subject to this Agreement, due to an action, inaction, or other reason related to the BUYER, BUYER forfeits all payments made to SELLERS and shall have all rights in this agreement rendered NULL and VOID or otherwise TERMINATED and BUYER shall forfeit all interest in this Agreement and shall immediately leave or otherwise surrender possession of the Equipment, restaurant, restaurant business, and all other interests Buyer may have or may have had under the terms of this Agreement. c) If the BUYER should enter Bankruptcy and falls to reaffirm its obligations to Seller within forty-five (45) days of the filing for any reason whatsoever, BUYER forfeits all payments made to SELLERS and shall have all rights in this agreement rendered NULL and VOID or otherwise TERMINATED and BUYER shall forfeit all interest in this Agreement and shall immediately leave or otherwise surrender possession of the Equipment, restaurant, restaurant business, and all other interests Buyer may have or may have had under the terms of this Agreement. Maintenance. BUYER agrees to maintain the situs of the restaurant business in good condition as reasonably be required by the Landlord. _Re~)resentations. It is understood that the BUYER has inspected the equipment and situs of the restaurant business and is receiving same in "as is" condition as of the execution of this Agreement. Governing law. This Agreement shall be construed under, and enforced in accordance with, the laws of the Commonwealth of Pennsylvania. Arbitration. Unless specified or otherwise addressed in paragraph 6 above, if any dispute arises' under or in connection with this Agreement or the performance or enforcement thereof, it shall be decided finally by three arbitrators in an arbitration proceeding conforming to the Rules of the American Arbitration Association applicable to commercial arbitration. The arbitrators shall be appointed as follows: one by the SELLERS, one by the BUYER, and the third by the two chosen IN' WITNESS written. Witness Witness Witness arbitrators, or, if they cannot agree, then the third arbitrator shall be appointed by the American Arbitration Association. The third arbitrator shail be the chairman of the panel and shall be impartial. The arbitration shall take place in , Cumberland County, Pennsylvania. The decision of the majority of the arbitrators shall be conclusively binding on the parties, final and nonappealable, and such decision shall be enforceable as a judgment in any court of competent jurisdiction. Each party shall pay th.e fees and expenses of the arbitrator appointed by it, its counsel and its witnesses. The parties shall share equally the fees and expenses of the impartial arbitrator. WHEREOF, the parties execute this Agreement on the date above SELLERS George Tsoukatos ~ ~- President, Le~~dia, Inc. Lemoyne Arcadia, Inc. Ev~Txg~-'k~a~os~ Shareholder of Lemoyne Arcadia, Inc. Witness BUYER Emmanouel Le(,~ki~ 7 SONATA TSOUKATOS Plaintiff VS. EVANGELOS TSOUKATOS Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2176 CIVIL ACTION ~ LAW IN DIVORCE FAh/HLy DIVISION PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARy: Transmit the record, together with the divorce decree: following information, to the court for entry of a 1. Ground for Divorce. Divorce Code· · irretrievable breakdown under Section 3301 c of the · 2. Date and manner of service of the Complaint:~william Ko/las · (Complete either paragraph (a) or (b).) [ (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the PlaintiffMarch 42~_4~2Q0~4004; by the defendant March 32004. 4. Related claims pending: No other claims are endin . 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(0 of the Divorce Code· (b) Date plaintiffs prothonotary: March 92004W~iver of Notice in ~ 3301 (c) Divorce was filed with the _,L Date defendant's Waive- -~ ..... promonotary: March 9 2004. · ~l'qouce ~n .~ 3301 c) )~ with the MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET o P.O. BOX 1062 · HARRJSBIJRG, PA 17108 (717) 236-9428 ° FAX (717} 236-2817 OF CUMBERLAND COUNTY STATE OF ~..~ PENNA, -SQn~a.T.sQ~katos .-Plaintiff_ .213.~63~9398 Versus ~vangelos ~soukatos Defendant 219~59.8312 .......... DECREE IN DIVORCE AND NOW ........ /..~ ......... x~..2.q0..4, it is ordered and decreed that ....... So~.a. ta.. ~'~.o.t~.t. qs ............. plaintiff, and Evangelos Tsoukatos ................... defendant, ore divorced from the bonds of matrimony. The Marital Settlement Agreement dated March 4, 2004 is incorporate< but not merged herein. 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; By T ~ Attest: \ ......