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
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CIVIL ACTION - LAW ..
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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
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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
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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
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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
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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:
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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
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191.4.6s
Judge
Robert J. •rsini, Participant
Dated:/
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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
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