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HomeMy WebLinkAbout04-3760KAREN L. SALLAVANTI, Plaintiff VS. GERARD J. SALLAVANTI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 0v-3746 C&, y -7L- 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 foregoing 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 KAREN L. SALLAVANTI, Plaintiff VS. GERARD J. SALLAVANTI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 0y. 37&0 et?°Q re-, IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, KAREN L. SALLAVANTI, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1 . The Plaintiff is KAREN L. SALLAVANTI, an adult individual who currently resides at 17 Victoria Way in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is GERARD J. SALLAVANTI, an adult individual who currently resides at 17 Victoria Way in Camp Hill, Cumberland County, Pennsylvania, 3. Both the Plaintiff and Defendant have been bona fide residents of 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 14 September 1990 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. Samuueell`L. A"` nd Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`n Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: KA, EN L. SALLAVANTI ? _ ? r Y 1 on -D of G !^7 n,. c' cil ,. O KAREN L. SALLAVANTI, Plaintiff vs. GERARD J. SALLAVANTI, Defendant 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA 1 1 CIVIL ACTION - LAW NO. 04.3760 Civil Term 1 1 IN DIVORCE ENTRY OF APPEARANCE AND ACCEPTANCE OF SERVICE I hereby enter my appearance in the above matter for the Defendant, Gerard J. Sallavanti, and accept service of the Divorce Complaint and acknowledge receipt of a copy of the Divorce Complaint. Date: $-q-(34 r`?,l Daryl J. G rber Attorney for D fendant Supreme Court ID # °d131 Z 46 East Main Street Palmyra, PA 17078 (717) 838-5411 T1 G hi - <"a d _?yrc: : ?;.G I^?? f-0 _-(i0. , . C.J ?j KAREN L. SALLAVANTI Plaintiff V. GERARD J. SALLAVANTI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04.3760 CIVIL TERM IN DIVORCE STATEMENT OF INTENTION TO PROCEED To the Court: GERARD J. SALLAVANTI, Defendant herein, intends to proceed with the above captioned matter. Daryl J. Gerber, Attorney for Defendant Print Name Sign Name Date Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as, of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru 1 e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or. legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. CD 4..,1 y T _ h ? ? i t KAREN L. SALLAVANTI, Plaintiff VS. GERARD J. SALLAVANTI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3760 Civil Term IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this '5T day of , 2008, the parties, GERARD J. SALLAVANTI, Plaintiff, and KAREN L. SALLAVANTI, Defendant, having been divorced by Decree dated of the Court of Common Pleas of Cumberland County, entered at Docket No. 04.3760 Civil Term, do hereby stipulate and agree as follows: 1. The Defendant, GERARD J. SALLAVANTI, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees' Retirement. System. (here:.- - referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. §5101-5956 ("Retirement Code"). 3. Member's date of birth is August 2, 1949, and the Member's social security number is 193-40-7985. 2 4. The Defendant, KAREN L. SALLAVANTI, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is October 1, 1963 and Alternate Payee's social security number is 179-44-8207. 5. Member's last known mailing address is: 17 Victoria Way, Camp Hill, Cumberland County, Pennsylvania. 6. Alternate Payee's current mailing address is: 548 Meadowcroft Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. I The ?.ltenlate Payee's :;i: rital csmp^::er_: of member's retirement. benefit, which should be allocated to her for purposes of equitable distributions, shall be 21% of employee's benefits hereunder. 3 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the eauitable distribution. portion payable to Alternate Payee and any other alternate payees named under other SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order 4 incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms'of the Domestic Relations Order shall along govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which option(s) Member selects at retirement. Member and Alternate Payee expressly agree that: (a) Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement Allowance with SERS. 5 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death ?henefit or retirement benefit payable to Alternate Payee by SERS shall: (a) Be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in paragraphs 7 through 9. 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. § 1311, et seq. 6 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided. however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 7 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends -or vacates the Domesti: Relations Order. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. (SEAL) Defendant / Member nd t / Member C:ai ttey foj (SEAL) t' f / e Pa yee Aftdmey for P intiff / Alternate Payee 8 AUTHORIZATION FOR THE RELEASE OF ACCOUNT INFORMATION TO ALTERNATE PAYEE I, GERARD J. SALLAVANTI, authorize the Pennsylvania State Employees' Retirement System ("SERS") to release to KAREN L. SALLAVANTI any and all information that he/she may request regarding my SERS benefit or retirement account. This authorization is granted under the terms of the Approved Domestic Relations Order entered by the Cumberland County Court of Common Pleas on the day of 2008, at Docket No. 04.3760 Civil Term which names KAREN L. SALLAVANTI as Alternate Payee. A photocopy or faxed copy of this Authorization shall have the same force and effect as the original. Date -,?) --\ -O `K GERARD SALLAVANTI, Member 19.3-40-79-85 Member's Social Security Number C; KAREN L. SALLAVANTI, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, 1 PENNSYLVANIA VS. GERARD J. SALLAVANTI, Defendant CIVIL ACTION - LAW NO. 04-3760 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2 August 2004 and served within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 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 in 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 Ct'3Ut+L and c. J tll-iat a %v Lhe luzCr2€: dv• be sent ? copy to iiC i ' t iry of s 'iIiiI uiiiediaL ?ely after it ? is filed with ith the with ?iic 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. Section 4904 relating to unsworn falsification to authorities. glum Dated: 1A UN L. SALLAVANTI IM rW ??4 KAREN L. SALLAVANTI, Plaintiff VS. GERARD J. SALLAVANTI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3760 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2 August 2004 and served within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 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 in 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 is .i:}•y of tihc uc.crre will, :.•c scrt tv me in-irllz:dlatE'ly after it is ii:E't;l with, t1hC 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. Section 4904 relating to unsworn falsification to authorities. :2 ? ??? Dated: GERARD J. SALLAVANTI i cr) KAREN L.. SALLAVANTI, Plaintiff VS. GERARD J. SALLAVANTI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3760 CIVIL TERM IN 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). 2. Date and manner of service of the Complaint: Acceptance of service indicating service on Defendant was filed on 9 August 2004. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff. 1 May2 008 by Defendant: 1 May2 008 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff s Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 1 May2 008, filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: dated IMay 2008, filed contemporaneously herewith. Date: 1 May 2008 By -NA;Q,o Samuel L. An s Attorney for Plaintiff f .. 44, co KAREN L. SALLAVANTI, Plaintiff VS. GERARD J. SALLAVANTI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3760 Civil Term IN DIVORCE DOMESTIC RELATIONS ORDER AND NOW, this of , 2008, the attached Stipulation and Agreement dated KIM ? _ ? of the parties in this case is incorporated, but not merged, into this Order of Court. ATTEST: I ' ? O;r f y? 5 s h :E Ind ? ! AN 8001 A 1Crt Ur J 3d 'i 3011 "- QMIJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KAREN L. SALLAVANTI, Plaintiff No. 2004-3764 VERSUS GERARD J. SALLAVANTI, e en an DECREE IN DIVORCE AND NOW, _M 0?V 1 2448 , IT IS ORDERED AND DECREED THAT KAREN L. SALLAVANTI , PLAINTIFF, AND GERARD J. SALLAVANTI , 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; NONE BY THE COURT: PROTHONOTARY y? , -'emu ?. o? s i?h? ??