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Home My WebLink About02-2948PAUL A. MELACHRINOS, Plaintiff, VS. DENISE O. MELACHRINOS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUL- MENT 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 TELEPH- ONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: 727-249-3166 or 800-990-9108 PAUL A. MELACHRINOS, Plaintiff, VS. DENISE O. MELACHRINOS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Civil Action - In Divorce COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Paul A. Melachrinos, who currently resides at 2708 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania, 17050 since . Plaintiff's Social Security No. is 139-50-0167. 2. Defendant is Denise O. Melachrinos, who currently resides at 811 Brian 302, Enola, Cumberland County, Pennsylvania, 17025 since Drive, Suite Defendant's Social Security No. is 181-52-6047. 3. The Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 9, 1984 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment of marriage between the parties. 6. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 7. The marriage is irretrievably broken. 8. 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. 9. Plaintiff requests the court to enter a decree of divorce. 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. Section 4904 relating to unsworn falsifications to authorities. PAUL A. MELACHRINOS IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: ~_~ IRA H. WEINSTOCK PAUL A. MELACHRINOS, Plaintiff, VS. DENISE O. MELACHRINOS, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : ; : No. 02 - 2948 Civil Term .' : : · CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, 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 unswom falsification to authorities. Dated: / / - 12, -OX. DENISE O. MELACHRINOS PAUL A. MELACHRINOS, Plaintiff, VS. DENISE O. MELACHRINOS, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAI'ff) COUNTY, PENNA. : : No. 02 - 2948 Civil Term : : : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: 11~13--o',~ ,~~ PAUL A. MELACHRINOS PAUl, A. MELACHRINOS, Plaintiff, VS. DENISE O. MI~ACHRINOS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 02 - 2948 Civil Term : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 19, 2002. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. PAUL A. MELACHRINOS PAUL A. MELACHRINOS, Plaintiff, VS. DENISE O. MILACHRINOS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 02 - 2948 Civil Term CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 19, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: Il - 1 g -ogt DENISE O. MELACHRINOS PAUL A. MELACHR1NOS, VS. DENISE O. MELACHRINOS, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 02 - 2948 Civil Term CIVIL ACTION - IN DIVORCE ACCEPTANCE OF SERVICE I, Denise O. Melachdnos, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce. Dated: DENISE O. MELACHRINOS PAUL A. MELACHRINOS, VS. DENISE O. MELACHRINOS, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : : No. 02- 2948 Civil Term Defendant. : Civil Action - Divorce 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. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service on June 29, 2002. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff on November 13, 2002; by Defendant on November 13, 2002. 4. Related claims pending: All claims settled pursuant to the Property Settlement Agreement executed on November 5, 2002 and filed with this Court. 5. Date Plaintiff's Waiver of Notice in Section 3301(c) of the Divorce Code was filed with the Prothonotary: November 20, 2002. 6. Date Defendant's Waiver of Notice in Section 3301(c) of the Divorce Code was filed with the Prothonotary: November 20, 2002. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 IRA H. WEINSTOCK ~ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~-'~ day of ~o~a~eC ,2002, by and between Denise O. Melachrinos, hereinafter called "Wife", and Paul A. Melachrinos, hereinafter called "Husband". WITNESSETH: WHEREAS, Husband and Wife were legally married on June 9, 1984; WHEREAS, one child, Nicholas Melachrinos, was bom of this marriage; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: I. .Separation ~ It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference - Each party shall be free from interference, authority and control 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 or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. Each of the parties hereto completely understand and agree that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. 3. Divleion of Personal Property - The parties have divided to their mutual satisfaction, all personal property owned by them during the marriage including, but not limited to, household goods and furnishings, personal effects and other property used by them in common and neither party will make any claim to any of the personal property presently in the possession of the other. Should it become necessary at any time for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon request of the other party. 4. Yehieles - The parties agree that (a) the 1991 Ford Explorer will remain with the Wife and the necessary paperwork will be completed to transfer the title to the Wife; and (b) the 1998 Sable will remain with the Husband and the necessary paperwork will be completed to transfer the title to the Husband. The parties agree to be responsible for any obligations regarding their respective vehicles and will hold the other harmless in regard thereto 5. Iqn~hand'~ 4Olk Plan - The parties recognize that the Husband is a participant in an employer-sponsored defined contributi6n plan which is qualified under Section 501 of the Internal Revenue Code and the Employee Retirement Income Security Act of 1974. The Wife is entitled to fifty (50%) percent of the entire account balance on the date the divorce decree is entered. The parties agree to the entry of a Qualified Domestic Relations Order by which Denise O. Melachrinos shall receive fifty (50%) percent of the marital fraction of the 401k -2- plan normally calculated to be payable to Paul A. Melachrinos from the Central Pennsylvania Teamsters Pension Fund. 6. Wlfe?~ 401 k Plane - The parties recognize that the Wife is a participant in an employer-sponsored defined contribution plan which is qualified under Section 501 of the Internal Revenue Code and the Employee Retirement Income Security Act of 1974. The Husband is entitled to fifty (50%) percent of the entire account balance on the date the divorce decree is entered. The parties agree to the entry of a Qualified Domestic Relations Order by which Paul A. Melachrinos shall receive fifty (50%) percent of the marital fraction of the 401k plan normally calculated to be payable to Denise O. Melachrinos from the Pennsylvania Blue Shield Pension Fund. 7. ~qpml~al ~-pport - Each party hereby agrees not to claim or demand any support for himself or herself, alimony pendente lite, permanent alimony, counsel fees or expenses from the other party. 8. Child .q~ppnrt - Husband agrees to pay to Wife for the support of their minor child the sum of $300.00 per month. The parties acknowledge that they believe that this amount of support is fair and reasonable based upon current circumstances. However, both parties reserve the right to have the matter of child support reviewed in the future in the event of substantial changes in circumstances. 9. Custody . Husband and Wife shall have shared legal custody of the parties' children. Wife shall have primary physical custody of the children. Husband shall have temporary physical custody at such times as the parties' mutually agree. -3- 10. Medical ln~nmnee - Husband shall provide medical insurance and extended benefits as supplied by his employer for his minor child. Husband shall supply Wife with proof of said coverage upon request and shall cooperate fully with the submission of any claims under the coverage. 11. lqre~eh . 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 broach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. Flfll F)i~clt~m~r~ _ Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 13. Additional In~tmrne~rlt _ Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 14. Wif~'~ D~hts - Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability -4- for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 15. Iqn~hanW~ Debts - Husband represents and warrants to Wife that since the parties' separation 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 Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 16. Waiver~ nf (21airn~ A,.0,aain~t F.~tates - Except as herein otherwise provided, 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, fight to take in intestacy, right to take against the Will of the other, and fight to act as administrator or executor of the other's estate, and each will, to 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 waiver and relinquishment of all such interests, rights and claims. 17. Repreqemt~tion _ It is recognized by the parties hereto that they are represented by Ira H. Weinstock, Esquire. It is fully understood and agreed that each party has the right to have advise of independent counsel prior to the signing of this Agreement. By the signing of this Agreement, the parties recognize that he/she fully understands the legal impact of -5- this Agreement and waives his/her right to have the Agreement reviewed by an attorney of his/her choosing, and further intends to be legally bound by the terms of this Agreement. 18. l~ffeetive Agreement - This Agreement shall bind the parties, their heirs, executors, administrators and assigns. 19. Vohmtary F.'~eeutinn ~ The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 20. lqntire 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. 21. Prlc~r Agreement - It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. Mndifieation and W.iver - Any modification or waiver of any provision 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. 23. Governing t.aw - This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. -6- 24. Independent ~qep.rate (~nwn-nts - It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. ~/oid 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. 26. F, ntry a~ P~rt ,~f 13ecree . It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated, but not merged, in any final Decree in Divorce. 27. Waiver nf (~lnlrll~. - With the exception of the specific terms of this Agreement, the parties waive any claims they may have against the other under the Divorce Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and expenses and equitable distribution. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. -7- WITNESS: ENISE O. MELACHRINOS PAUL A. MELACHRINOS -8- COMMONWEALTH OF PENNSYLVANIA COUNTY OF '-~*,~,o~K.~x COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF /(~ zj~ q/~,~,,~ ) ,O,n this, the .//e:~ day o~~~ , 2002, before me, a Not~ Public, personauy appe~ed Denise O. Melac~inos, ~o~ to me to be the person whose n~xe is subscribed to the within Prope~ Se~lement Agreement ~d ac~owledged that she executed t~e sine for the p~oses therein contained. IN WI~ESS WHE~OF, I here~to set m~ffici~~ _ ff~ Public D~L~. ~Ov~, ~ [ ) SS; - ) On this, the %4& day of ~6~_~g~/-~ ,2002, before me, a Notary Public, personally appeared Paul A. M~lachrinos, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL [LIr~DA WITMER Notary Public risburg, Dauphin County, PA Commission Expires 03-20-2004j -9- IN THE COURT OF COMMON OF CUMBERLAND COUNTY STA.'FE OF PAUL A. MELACHRINOS, Plaintiff, VERSUS DENISE O. MELACHRINOS~ ........ Defendant. PENNA. NO. 02 - 2948 PLEAS DECREE IN DIVORCE AND NOW, DECREED THAT AND 200~ It IS ORDERED AND Paul A. Melachrinos __, PLAINTIFF, Denise O. Melachrinos __, 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; Further, the Property Settlement Agreement executed on November 5, 2002 is incorporated in this Decree by reference and the parties are ordered to comply with it. BYTHE COURT: ATTE~. j. ROTHONOTARY