Loading...
HomeMy WebLinkAbout10-0337e ` FLOWER & ANDS" 26 West High Street Carlisle, PA ROBERT J. ORSINI, IN THE COURT OF COMMON PLEA,' Plaintiff CUMBERLAND COUNTY, PENNSY??I J IA 7M r' • J= ° rn - Zi 171 V. ?? _'::. CIVIL ACTION - LAW .. r" CASE NO. 0 37 LN ! STEPHANIE ORSINI, 1Tc Defendant IN DIVORCE {'° •• --+ NOTICE TO DEFEND 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY Marys, Esquire Attorney 1919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 3 Sol _ 6 4 p.i co.26q-y-? 3?14 I ROBERT J. ORSINI, Plaintiff V. STEPHANIE ORSINI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 16,337 C. N 1 1 IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is ROBERT J. ORSINI, an adult individual currently residing at 567 F Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is STEPHANIE ORSINI, an adult individual currently residing at 1000 Allen Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were marred on June 18, 1988 in Newport, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States SAIDIS, FLOWER & UqDS" 26 West High Street Carlisle, PA Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that he has the right to request that the court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety I i (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 (c) or (d) of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Maryli Maf s, Esquire--- Attorney I 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: f p Z/ 7 o Counsel for Plaintiff SAIDIS, FLOWER & ANDS" 26 West High Street Carlisle, PA ROBERT J. ORSINI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CASE NO. STEPHANIE ORSINI, Defendant IN DIVORCE VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Z?31> 1?9 Ail"W1 R ERT J. O INI Date: SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ROBERT J. ORSINI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CASE NO. 2010-0337 STEPHANIE ORSINI, Defendant IN CUSTODY i ` C AFFIDAVIT OF SERVICE -? I, Marylou Matas, Esquire, being duly sworn according to law,-heraby deposes and says that on January 16, 2010 she served a true and correct copy of a Divorce Complaint upon Stephanie Orsini, by mailing those documents to the her address at 1525 S. N. Street, Apt. #4, Lake Worth, Florida 33460 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Stephanie Orsini. Respectfully submitted, Dated: 1lL()IZG 16 FLOVVIER LINDSAY A'I W 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Marylo tas, Esquire I D No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff -? r_, n11:0 -,1 ?J ?:3 rr j -c ROBERT J. ORSINI, Plaintiff V. STEPHANIE ORSINI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 2010-0337 IN CUSTODY ¦ Complete items 1, 2; and 3. AW'cgmpl6te item 4 If Restricted 6i;;; y is deshed. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the tack of the maiipi®ce, _ or on the front If space permits. 1. Article Addressed to: - f?aY1t 2 O t R j 5a s N. G-trut Apt. If + 1A6 L64' FL '?8q&a x ? E3 Agard Ad*esm B. (PMnted lw W C. Date of Deilmy T D. addnes di OEM' 11 L7 If YES, enter delivery below: 3 type ?= Csrtl6sd > ? Express and PagW W ? Return Reoslpt for Merdwidiss ? Insured mail ? C.O.D. 4. Resulcted DsNwryrT Pft Fee) Yes 2. Artide Number 7009 2250 0002 8246 3460 (/tarmw ftm service bw PS Form 3811, Fe&uary 2004 Domoft f kom Reoeipt iaaew acct zero SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ROBERT J. ORSINI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-033-N rt • ia: CIVIL TERM z Or STEPHANIE ORSINI, z Defendant )1:• -tn z . FC v. CIVIL ACTION — LAW IN DIVORCE J. Ebert QUALIFIED DOMESTIC RELATIONS ORDER UPS 401(K) SAVINGS PLAN NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS: C 1. Background: This Order is directed to the UPS 401(k) Savings Plan (the "Plan."); is incorporated into the judgment order dissolving the marriage of the parties, dated May 12, 2010; and may be amended if necessary to comply with the Code. The Court retains jurisdiction of the subject matter hereof and the parties hereto to enforce the terms of this Order. 2. Applicable Law. This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as that term is defined by Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA, as amended. This Order relates to the equitable division of martial property as defined under the Pennsylvania Domestic Relations Code of 1980, as amended. 3. Participant. The name of the participant (the "Participant") covered by this Order is Robert J. Orsini. The Participant's relevant information is as follows: Name: Address: Date of Birth: Social Security No: Robert J. Orsini 30 Longview, Carlisle, PA 17013 see attached addendum see attached addendum 4. Alternate Payee. The name of the alternate payee (the "Alternate Payee") covered by this Order is Stephanie Orsini. The Alternate Payee's relevant information is as follows: Name: Address: Date of Birth: Social Security No: Stephanie Orsini 501 Walker Hill Rd., Newport, PA 17074 see attached addendum see attached addendum 5. The parties were married on June 18, 1988 and divorced on May 12, 2010. 6. Assignment to Alternate Payee. The Alternate Payee shall be entitled to receive an amount which is equal to THIRTY-TWO THOUSAND NINE HUNDRED EIGHTY-FOUR DOLLARS AND 28/100 ($32,984.28) of the Participant's vested account balance in the Plan. In the event there are not sufficient funds in all of Participant's vested .account to satisfy the award on the date a separate account is established for the Alternate Payee, then the Order shall be interpreted as an award of 100% of the Participant's account balance under the Plan as of that date. The amounts awarded to the Alternate Payee shall not be credited with gains or losses, but shall be a set amount only. Investment gains and losses shall be calculated in accordance with the terms of the Plan after the amount is transferred to Alternate Payee's separate account. 7. Loans. a) Notwithstanding the terms of paragraph 5 herein, if the Participant has an outstanding loan against his account under the Plan, then, to the extent there are not assets in the Participant's account sufficient to satisfy the Alternate Payee's awarded amount on the date the Alternate Payee elects to receive the awarded amount, the Plan in ordered to interpret the Alternate Payee's award as an award of 100% of the Participant's available account balance. b) The value of the outstanding loan balance against the Participant's account as of May 12, 2010 will be excluded from the Participant's total balance for purposes of determining the Alternate Payee's awarded amount. 8. Distribution of funds to Alternate Payee. The parties acknowledge that amounts awarded to the Alternate Payee under the Plan will be taken from the Participant's account under the Plan in the following order: The funds shall first be withdrawn from the Bright Horizon 2040 Fund. To the extent there are not assets sufficient in the Participant's Bright Horizon 2040 Fund account to satisfy the award on the date a separate account is established for the Alternate Payee, then the Order shall be interpreted to first transfer funds from the 2040 Fund, then from the 2035 fund and then from the 2045 Fund. To the extent the total of all Bright Horizon Funds are insufficient to satisfy the amount awarded to the Alternate Payee under the Plan, and the Participant maintains a Self Managed Account (an "SMA") under the Plan, the remainder of the Alternate Payee's award will be taken from the Participant's SMA. The Participant acknowledges and understands that the Plan will liquidate the individual investments held in said SMA, on a pro rata basis, to the extent necessary to satisfy the award to the Alternate Payee, unless within two weeks of the date that the Order is determined by the Plan to be a qualified domestic relations order, the Participant utilizes the Plan's website, voice response system or any other method authorized by the Plan to transfer an amount from the SMA to the Bright Horizon Funds which will be sufficient to satisfy the amount awarded to the Alternate Payee. 9. Contributions by Participant. Contributions to the Participant's account under the Plan after the date referred to in paragraph 5 of this Order shall belong to the Participant alone and shall not be subject to division or distribution pursuant to this Order. 10. Form of payment. The amounts awarded hereunder shall be paid to the Alternate Payee in a lump sum payment, as soon as practicable following the date this Order is determined by the Plan to be a qualified domestic relations Order (within the meaning of Section 206(d) of ERISA). Alternate Payee has requested that the payment be directed to the following account established in her name: Member's First Investment Services, Account Number 5zv-405393; Invest Financial Corporation, 8745 Henderson Rd, Suite 300, Tampa, Florida, 33634; (800) 242-4732. 11. Death of Participant. The death of the Participant, either before or after the Alternate Payee has received payment of the Alternate Payee's assigned benefit, shall neither affect the Alternate Payee's right to payment of the assigned benefit nor entitle the Alternate Payee to any additional benefits. 12. Death of Alternate Payee. a. Before Commencement to Alternate Payee. If the Alternate Payee dies prior to receiving payment of the benefits assigned under this Order, the benefits payable under this Order shall be paid to Alternate Payee's beneficiary, or if no beneficiary has been designated, then to her estate. b. After Commencement to Alternate Payee. If the Alternate Payee dies after receiving payment of the benefits assigned under this Order, no additional benefits shall be payable under this Order. 13. Taxes. For purposes of Sections 402(a)(2) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. The Alternate Payee shall have the right to roll over the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account. Subject to the conditions imposed by ERISA and the Internal Revenue Code, such transfer shall be considered a tax-free rollover of the benefits distributed. 14. Continuing Interests. From the date of this Order and thereafter, except as provided herein, the Alternate Payee shall have no further right or interest in any portion of Participant's Plan benefits. From the date of this Order and thereafter, except as provided herein, the Participant shall have no further right or interest in any portion of the Plan benefits which are assigned to the Alternate Payee pursuant to this Order 15. Costs for Implementation. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of the Qualified Domestic Relations Order shall be assessed against the parties such that the Participant pays 100% of the costs. 16. Plan Provisions to Govern. This Order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan, as now or hereafter in effect. The Participant and the Alternate Payee shall be subject to all of the provisions of the Plan and any administrative rules as from time to time in effect under the Plan. 17. Limitations. This order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to: a. Make any payment or take any action which is inconsistent with any federal law, rule, regulation, or applicable judicial decision; b. Provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; c. Pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order in accordance with the provisions of Code Section 414(p) and Section 206(d) of the Employee Retirement Income Security Act. 18. Mailing to Last Known Address. All appropriate payments, notices and other communications shall be mailed to the Participant and the Alternate Payee at the respective addresses set forth in Paragraph 3 above, until such time as the Participant or Alternate Payee advises the Administrator in writing of the occurrence of a change of address. Any benefit payment or communication to the Alternate Payee at the Alternate Payee's last known address shall operate on a complete discharge of the obligations, with respect to such payment or communication, of the Plan. 19. Parties to Cooperate. If the Administrator of the Plan does not agree that this is a "Qualified" Domestic Relations Order under Code Section 414(p), each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Administrator as a Qualified Domestic Relations Order. BY THE COURT: 1`Ht 1 it Date es A4-1./ P2 . . D& f t) 7/.2APy fq.,-(Ert 191.4.6s Judge Robert J. •rsini, Participant Dated:/ /,Sp zj / 1 , . Al !r, Stepha ie A. Orsini, Alternate Payee Dated: 1-9-i LI COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF h :e t) cl/V3( On this 15 day of Ulf f k, , 2014, before me, the undersigned officer, personally appeared Robert J. Orsini, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Doily �1.; Notcria3.Sie...ai 3t'7. ri'enber: +, Notary Public f i 03Mbt,riand Cour; ty My-- Wasi0n Expires Sept. 24, 2014 Monter. Per}ngvania Associationof COMMONWEALTH OF PENNSYLVANIA COUNTY OF Perms SS Ju On this 1 day of u , 2014, before me, the undersigned officer, personally appeared Stephanie A. 4)rsini, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL L JONES ZEU.ERS Mary Public NEWPORT SORO., PERRY CNTY My Commission Expires May 3. 2016 Law Offices of Saidis Sullivan & Rogers 26 West•High Street Carlisle, PA 17013 ROBERT J. ORSINI, Plaintiff v. STEPHANIE ORSINI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. • ie1 o -ems lb - •R% CIVIL TERM CIVIL ACTION — LAW IN DIVORCE J. Ebert AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on July 28, 2014, she served a true and correct copy of the Qualified Domestic Relations Order upon united Parcel Service of America, Inc., by mailing those documents to its address at 55 Glen Lake Parkway, North East, Atlanta, GA 30328-3498 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service tracking document. Dated: 2:/6 Respectfully submitted, SAIDIS, SULLIVAN & ROGERS IP/ 1/q% Mary ou M 4's, Esquire ID No. 84919 26 West High Street Carlisle, PA 17013 (717)'243-6222 Counsel for Plaintiff 4"— 8/5/2014 English Customer Service .S: .. .... Quick Tools USPS Tracking TM USPS Mobile Ship a Package Tracking Number: 70121010000131081228 Product & Tracking Information Postal Product: Features: Certified Mail"' DATES, TIME ' STATUS OF ITEM July 28, 2014 , 11:38 am i Delivered Your item was delivered a 1":38 am on. July 28, 2014 Sorting Complete July28, 2014 , 10:01 am July 28, 2014,8:12am July28, 2014 , 1:38 am July27, 2014 , 9:31 pm July 26, 2014,1:17am July25, 2014 , 8:21 pm USPS.com® - USPS Tracking M Send Mail Manage Your Mail Register/ Sign In Search USPS.com or Track Packages Shop Business Solutions SD Customer Service > Have questions? We're here to help. LOCATION Available Actions Text Updates Email Updates ATLANTA, GA 30328 ATLANTA, GA 30328. ATLANTA, GA30328 Arrived at Unit Departed USPS Facility Arrived at USPS Facility Departed USPS Facility Arrived at USPS Facility Track Another Package What's your tracking (or receipt) number? ATLANTA, GA30328 ATLANTA GA30304 ATLANTA, GA30304 HARRISBURG, PA 17107 HARRISBURG, PA 17107 LEGAL Privacy Policy Terms of Use > FOLA No FEAR Act EEC) Data PS Copy ON USPS.COM Government Services > Buy Stamps & Shop > Print a Label with Postage > Customer Service > Delivering Solutions to the Last Nile > Site Index > 4 LISPS Cr P5htS R serves. Track It ON ABOUT.USPS.COM About USPS Home > Newsroom > USPS Service Alerts > Forms & Publications > Careers > OTHER USPS SITES Business Customer Gateway > Postal Inspectors > Inspector General > Postal Explorer > National Postal Museum> https://taols.usps.com/g o/Tracl Confi rmActi on.acti on7tRef=ful I pag e&tLc=1 &text28777=&tLabel s=70121010000131081228%2C 1/1