HomeMy WebLinkAbout10-0839
GARRY P. CARVALHO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010- CIVIL TERM
JULIA Y. CARVALHO, CIVIL ACTION-LAW
Defendant 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 at the Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL 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. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAWSE OLE:
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MLE
GAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OE.G
i r ,
f`J
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
of
ee$,?3 -7 163
GARRY P. CARVALHO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010- CIVIL TERM
JULIA Y. CARVALHO, CIVIL ACTION-LAW
Defendant IN DIVORCE
DIVORCE COMPLAINT
1. Plaintiff is Gary P. Carvalho, an adult individual who currently resides at 307
Oak Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065.
2. Defendant is Julia Y. Carvalho, an adult individual who currently resides at
307 Oak Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth
of Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on August 11, 1988 in Kenmore,
New York.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of counseling and that he
may have the right to request that the court require the parties to participate in Counseling.
WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor
of the Plaintiff and against the Defendant.
it
COUNT II -EQUITABLE DISTRIBUTION
8. Plaintiff hereby incorporates by reference paragraphs 1 through 7 above.
9. The parties have acquired real estate, personal property, including
automobiles, bank accounts and other items of miscellaneous property during the course
of their marriage, some of which is marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree
which effects an equitable distribution of marital property.
Date: February ?-, 2010
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
-JVJ/ ,
is I A. cherer, Esquire
I. D.# 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
mas.dir/domestic/carvalho/complaint. pld
VERIFICATION
I verify that the statements made in this Divorce Complaint are true and correct. 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.
Date: w
Ga P. Carvalho
GARY P. CARVALHO,
Plaintiff
v.
JULIA Y. CARVALHO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 - 839 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this ~ day of r - ~~, 2010, I, Andrew H. Shaw,
Esquire, Attorney for Defendant, Julia Y. Carvalho, hereby accept service of the Divorce
Complaint.
Andrew H. Shaw, Esquire
200 South Spring Garden Street
Suite 11
Carlisle, PA 17013
c o
.~ ~ O ~'7
P ~~
..!
!~ ~., ,-.
V/.ate ~
7"".
` L'
_.~_-
Y7 ~'
+,y
y~ ~
~ //'~'''~~~
L/
O
GARRY P. CARVALHO,
Plaintiff
V.
JULIA Y. CARVALHO,
Defendant
NOV29Zw
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 2010-839
CIVIL ACTION - LAW
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER (ODRO)
IT IS HEREBY ORDERED AS FOLLOWS:
-r,
rn ca
Q
I` C')
ESC)
-C
N
Q
a
FYI
c?
r
Cr,
_-I
c?
--t
rn?
..o r~-
rn
c7 a
--? o
_-n
o-n
n
oy rn
D
1. Effect of This Order as a Qualified Domestic Relations Order: This Order creates
and recognizes the existence of an Alternate Payee's right to receive a portion of the
Participant's benefits payable under an employer-sponsored defined contribution plan that
is qualified under Section 401 of the Internal Revenue code (the "Code") and the
Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to
constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the
Code.
2. Participant Information: The name, last known address, social security number and
date of birth of the plan "Participant" is:
Name: Garry P. Carvalho ("Participant")
Address: 307 Oak Drive, Mount Holly Springs, Pennsylvania 17065
Social Security Number : XXX-XX-7284
Birth Date: October 9, 1951
Participant's Attorney Information:
Name of Attorney: Michael A. Scherer
Address: Baric & Scherer, 19 West South Street, Carlisle, PA 17013
Phone: 717-249-6873
3. Alternate Payee Information: The name, last known address, social security number
and date of birth of the "Alternate Payee" is:
Name: Julia Y. Carvalho ("Alternate Payee")
Address: 103 Earl Street, Boiling Springs, PA 17007
Social Security Number : XXX-XX-5407
Birth Date: February 13, 1956
Alternate Payee's Attorney Information:
Name of Attorney: Andrew H. Shaw
Address: 200 S. Spring Garden Street, Suite 11, Carlisle, PA 17013
Phone: 717-243-7135
The Alternate Payee shall have the duty to notify the plan administrator in writing of any
changes in his/her mailing address subsequent to the entry of this Order.
4. Plan Name: The name of the Plan to which this Order applies is The Rite Aid 401(k)
Plan (hereinafter referred to as "Plan").
Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect
Alternate Payee's rights as stipulated under this Order.
5. For Provision of Marital Property Rights and/or Spousal Support: This Order
relates to the provision of marital property rights to the Alternate Payee as a result of the
Order of Divorce between Participant and Alternate Payee.
6. Amount of Alternate Payee's Benefit (Fixed Dollar Basis): This Order
assigns to Alternate Payee a portion of the Participant's Total Account Balance in
the amount equal to $70,691.00.
The Alternate Payee's share of the benefits described above shall be segregated and
separately maintained in Account(s) established on her behalf and shall additionally be
credited with any interest/investment earnings or losses attributable thereon from the Plan
Segregation Date, until the date of total distribution. The Alternate Payee's share of the
benefits shall be allocated on a "pro-rata" basis among all of the accounts and/or
investment funds maintained on behalf of the Participant under the Plan.
7. Commencement Date and Form of Payment to Alternate Payee: If the Alternate
Payee so elects, she shall be paid her benefits as soon as administratively feasible
following the date this Order is approved as a QDRO by the Plan Administrator by filing
an election with the Plan Administrator in accordance with the terms of the Plan. Actual
payments will begin as soon as administratively feasible thereafter. Benefits will be
payable to the Alternate Payee in any form or permissible option otherwise available to
participants and alternate payee's under the terms of the Plan, including, but not limited
to, a single lump-sum cash payment. The Alternate Payee will not be permitted to obtain
a loan from the Plan or take any hardship withdrawals from the Plan. If the Alternate
Payee has not elected an earlier beginning date, the Alternate Payee's share will begin to
be paid as of the earlier of the date as of which the Participant begins to receive a
distribution of the Participant's share, or the latest date permitted under Section 401(a)(9)
of the Code.
8. Alternate Payee's Rights and Privileges: On and after the date that this Order is
deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee
receives her total distribution under the Plan, the Alternate Payee shall be entitled to all of
the rights and election privileges that are afforded to plan beneficiaries, including, but not
limited to, the rules regarding the right to designate a beneficiary for death benefit
purposes. However, the alternate payee may not elect to receive her share of the benefits
in the form of a qualified joint and survivor annuity.
9. Death of Alternate Payee: In the event of Alternate Payee's death prior to her
receiving the full amount of benefits called for under this Order, her remaining share of
the benefits shall be paid to her designated beneficiary. If no beneficiary designation is in
effect at the Alternate Payee's death, any remaining amount of the Alternate Payee's
share of the benefits shall be paid in accordance with the Plan rules that apply when no
beneficiary designation is in effect for a Participant.
10. Death of Participant: In the event of the Participant's death, his death shall in no
way affect Alternate Payee's right to the portion of her benefits as stipulated herein.
However, the Alternate Payee will not be entitled to any survivor benefits
attributable to the remaining portion of the Participant's benefits under the Plan
unless the Participant, independently of the Order, has designated the Alternate
Payee as a beneficiary. However, if the Participant remarries, any such
designation would be subject to the spousal rights of the subsequent spouse
provided by ERISA, the Code and the terms of the Plan.
11. Savings Clause: This Order is not intended, and shall not be construed in such a
manner as to require the Plan:
(a) to provide any type or form of benefit option not otherwise provided under
the terms of the Plan;
r
(b) to require the Plan to provide increased benefits determined on the basis of
actuarial value; or
(c) to require the payment of any benefits to the Alternate Payee which are
required to be paid to another alternate payee under another order which
was previously deemed to be a QDRO.
12. Certification of Necessary Information: All payments made pursuant to this Order
shall be conditioned on the certification by the Alternate Payee and the Participant to the
Plan Administrator of such information as the Plan Administrator may reasonably require
from such parties to make the necessary calculation of the benefit amounts contained
herein.
13. Tax Treatment of Distributions Made Under this Order: For purposes of
Sections 402(a)(1) 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.
14. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this
Order to the extent required to maintain its qualified status and the original intent of the
parties as stipulated herein.
15. Correcting or Terminating Payments: The Plan will retain any rights it may have
under its terms to suspend or terminate payments to Alternate Payee and Participant
provided that either Participant or Alternate Payee may contest such suspension or
termination through any administration remedies available under the Plan. Payments by
the Plan pursuant to this Order will be without prejudice to any right the Plan has under
applicable law to seek recoupment or offset for overpayment. If the Plan pays one party
a portion of the other party's benefits under the Plan and this Order, the party receiving
the overpayment will return that portion to the Plan, which in turn, will pass that portion
on to the other Party.
16. QDRO Processing Fee: The Participant will be charged a $300 QDRO processing
fee for this QDRO. This fee will be assessed against the Participant's account balance at
the time the initial paperwork is submitted to QDRO Consultants.
t
By the Court:. 4 NOV - 3 0 . 1 010
Participant: T ate: • S/ a
Alternate Payee: Date: M - ! Lf -/0
?teS rruu LCL
??f