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HomeMy WebLinkAbout08-3035A GEORGIOS D. KOUTSOKOSTAS, Plaintiff V. GEORGIA F. KOUTSOKOSTAS ANTONOPOULOU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 4 k - -? 6 3 -,!? ? You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. GEORGIOS D. KOUTSOKOSTAS, Plaintiff V. GEORGIA F. KOUTSOKOSTAS ANTONOPOULOU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: O ?a 3 S C? COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Georgios D. Koutsokostas, an adult individual, who resides at 211 Forest Oak Lane, Harrisburg, Pennsylvania 17110. 2. Defendant is Georgia F. Koutsokostas Antonopoulou, an adult individual, who resides at 405 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on September 29, 1988, in Kalivia Agriniou Greece. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: Respectfully submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff GEORGIOS D. KOUTSOKOSTAS, Plaintiff V. GEORGIA F. KOUTSOKOSTAS ANTONOPOULOU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: lVz; G v? Georgio Koutsokostas, Plaintiff C') +v o. < _ ? ^-G t'T7 r° o w t ?J dy f" R? f, t'n op ?.' ^C GEORGIOS D. KOUTSOKOSTAS, Plaintiff V. GEORGIA F. KOUTSOKOSTAS ANTONOPOULOU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 08-3035 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 13, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 unworn falsification to authorities. A Date: la A ?'&-0b Georgios Koutsokostas /Plaintiff F rn -0 all CL i s GEORGIOS D. KOUTSOKOSTAS, Plaintiff V. GEORGIA F. KOUTSOKOSTAS ANTONOPOULOU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 08-3035 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: - L co - . ft V 6, (0 ?-? - L'I Georgios D-Aoo sokostas/Plaintiff t") P _ h 'oi -0 r '-: cn k ? j { rn tv GEORGIOS D. KOUTSOKOSTAS, Plaintiff V. GEORGIA F. KOUTSOKOSTAS ANTONOPOULOU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 08-3035 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 13, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 unworn falsification to authorities. Date: ?.(? p yc? ??,??? Georgia F. K tsokos Antonopoulou/Defendant cm GEORGIOS D. KOUTSOKOSTAS, Plaintiff v. GEORGIA F. KOUTSOKOSTAS ANTONOPOULOU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 08-3035 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. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court 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 unworn falsification to authorities. Date: P v p C? Georgia F. outsokostas Antonopoulou/Defen t ? ? ??? ,?,.,, ?* i?:- ??; ' ?- "',? , - ? ?7 ' ? + GEORGIOS D. KOUTSOKOSTAS, Plaintiff V. GEORGIA F. KOUTSOKOSTAS ANTONOPOULOU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 08-3035 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ?/ `7 day of 2008 by and between Georgios D. Koutsokostas, hereinafter referred to as "Husband", and Georgia F. Koutsokostas Antonopoulou, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married in the Kaivia-Agriniou, Greece on October 29, 1988, and separated on or about December 25, 2007. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution and real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: ' 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to just and right standards, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither parry shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition or any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party to this agreement acknowledges and declares that he or she, respectively: I A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. F. It is noted that at the time of execution of this document, HUSBAND is represented by Attorney Karl E. Rominger, of the Rominger & Associates and WIFE is not represented by counsel, and has waived this right, or has previously consulted. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all his or her property, interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on half of both parties during the marriage. 7. DEBTS: It is further mutually agreed by and between the parties that the debts of the parties existing as of the time of the execution of this agreement shall not be finally released or addressed by the foregoing agreement, and that any debts incurred by the parties after the execution of this agreement shall be the sole responsibility of the party incurring that obligation. 8. REAL PROPERTY: The parites agree to distribute the real property has follows: a. The parties agree that HUSBAND shall retain exclusive possession and exclusive ownership interests in the condo located at Anhialos-Volos, Greece, and that HUSBAND shall retain exclusive possession and exclusive ownership interests in the farm lot located at Pezoula, Greece. b. The parties further agree that WIFE shall retain exclusive possession and exclusive ownership interests in the martial residence, located at 405 Kent Drive Mechanicsburg, Pennsylvania 17050, less $50,000.00 in equity therein, and that WIFE shall retain exclusive possession and exclusive ownership interests in the farm lot located at Kalivia-Agrinio, Greece. Wife further agrees that the $50,000.00 of the husband's equity in the 405 Kent Dr. property is to be credited at the rate of $450.00 per month to wife for 111 months, from the date of this agreement, and maybe used as an offset against any child support Husband must pay, and accounted as a direct payment. If wife may not use this as or give credit as an offset for any reason or by operation of law, she agrees that husband shall be paid for this equity in monthly cash payments. c. HUSBAND and WIFE hereby agree to cooperate in executing any and all documents to effectuate the removal of their names respectively from said 1 residences if the need to do the same should arise, including a sale of the assets, except as limited by this agreement. 9. PERSONAL PROPERTY: All other personal property belonging to the parties has been separated to the parties' satisfaction at the date of this agreement. 10. AUTOMOBILES: The parties agree that HUSBAND shall remain in exclusive possession and exclusive ownership interests of the 2004 Subaru Forester. The parties further agree that WIFE shall remain in exclusive possession and exclusive ownership interests of the 1998 Toyota Rav 4 and the 1991 Toyota Camry. WIFE and HUSBAND hereby agree to cooperate in executing any and all documents to effectuate the removal of their names respectively from said titles to the automobiles. 11. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. 12. SUPPORT AND ALIMONY: Both parties hereby waive and forego all interest in filing for support or alimony against the other. 13. RETIREMENT ACCOUNTS: Both parties hereby waive and forego all interests in each other's retirement account. 14. CASH: Both parties further agree that HUSBAND shall retain his account(s) worth approximately $177,000.00 and that he will set aside $50,000.00 for a college fund for Alexandria. 15. ADDITIONAL AGREEMENT: It is further agreed by the parties that HUSBAND shall pay $20,000.00 cash in Greece monies to WIFE. 16. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take the intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waive and relinquishment of all such interest, rights and claims. 17. 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 reasonable required to give full force and effect to the provisions of this agreement. . 18. VOLUNTARY EXECUTION: Both parties fully understand the terms of this agreement and were given full opportunity to discuss said terms with their respective attorneys. Both parties agree that they are executing this agreement freely and voluntarily. Both parties acknowledge that it has been suggested to them that they review this agreement with independent legal counsel and has either done so or has voluntarily chosen not to do so. 19. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 21. ENFORCEMENT: This agreement shall be enforceable in law or equity and if one party must sue or take legal action to enforce a right hereunder, the prevailing party shall be entitled to reasonable attorney fees. 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 23. INCORPORATION NOT MERGER: It is hereby acknowledged by the parties that this Marital Property Settlement shall be incorporated into the Divorce of the parties but shall not be merged into the same. 24. EFFECTIVE IMMEDIATELY: This agreement shall become effective immediately upon its execution by both parties and their respective counsel. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ,(k? y aa0F Date i JA-0-' ?? C-7? Date Date ?U ate 4 o ? Geor os D. Koutsokostas` Karl E. Rominger, Esquire Georgia F. Kou kostas-Antonopoulou Witness f Georgia . Koutsokostas-Antonopoulou C", V 44 * GEORGIOS D. KOUTSOKOSTAS, Plaintiff V. GEORGIA F. KOUTSOKOSTAS ANTONOPOULOU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 08-3035 CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: May 13, 2008, was served on Defendant by Certified Mail, Restricted Delivery, with Return Receipt and the green card was signed on May 23, 2008, (attached hereto as Proof of Service). 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff September 16, 2008; by the Defendant September 16, 2008. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 16, 2008, date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 16, 2008. 1 K Date: September 16, 2008 Kad,F-Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 GEORGIOS D. KOUTSOKOSTAS, Plaintiff V. GEORGIA F. KOUTSOKOSTAS ANTONOPOULOU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 08-3035 CIVIL TERM PROOF OF SERVICE EXHIBIT "A" 'ik i?-" !. s 1, 2; and 3. Alpo" - plete- fto 4 If PA f t W Do Wery is deelrt#d. ¦ PM your name and address on the reverse so NW %wemn return the card to.you. Mach this oaPd to the back of the mailpiece, of an the fwd If space permits. 1. Al Addressed to: 6Qs -}onc 4CFj Ytrl?-???r.? a st?rmcu?e ?- ., ,, x 8, AceWed by (*W Name) D. Is delivery If YES, an C. Date of DWkwy Item 19 Ma`?2? 3. Servlows TYPIN a Registered .fin Receipt for Mw wtdw ? Inured Maq E3 C.O.D. 2. Atrdehumber 7006 0100 0007 1050 7501 wntfc owwwkm PtR Farfrr 11, Fitretry 2W4 Don edc Return Raoaipt ae?e r? uj - C\l ?3?-y ? ?,,,r ZJ z +C CI i C.") J Q U- r => IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. No. 3035 08 VERSUS Antonopoulou DECREE IN DIVORCE AND NOW, SrT?rw??cr Zy OD , IT IS ORDERED AND DECREED THAT Georgios D. Koutsokostas , PLAINTIFF, AND Georcria F. Koutsokostas Antonopoulou , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A Marital Settlement Agrppment is attached and ;nCn-r orated into but is not merged with the Divorce Decree_ BY THE COU A SY u J. PROTHO ARY 0