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Home My WebLink About02-5734DAVID R. RICCIO, Plaintiff DENEEN C. RICCIO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 judgement 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A D1VORCE 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, PENNSYLVANIA 17013 (717) 249-3166 DAVID R. RICCIO, Plaintiff DENEEN C. RICCIO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.7 IN DIVORCE COMPLAINT 1. The Plaintiff is David R. Riccio, who currently resides at571 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Deneen C. Riccio, who currently resides at 3292 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaimiff and Defendant were married on August 7, 1971 in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c) and 3301(d), in that: a) The marriage is irretrievably broken. b) Plaintiff and Defendant have lived separate and apart since May 27, 1999 and continue to do so. 8. The 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. Defendant is not a member of the armed services. 10. A prior action was initiated in Cameron County, Pennsylvania docket at 99-5383, which was discontinued on or about November 20, 2002. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. Respectfully submitted, Date Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff I.D. #59020 VERIFICATION I, DAVID R. RICCIO, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date '-ISAVID R(. R~C~iO Cecilia Frances Broadwater, Plaintiff go George Dale Broadwater, Defendant : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PEI'~qSYLVANIA No. 02-5934 CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: George Dale Broadwater Defendant's Date of Birth: June 10, 1952 Defendant's Social Security Number: 215-56-7796 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Cecilia Frances Broadwater Dates of Birth July 21, 1952 Plaintiff or Protected Person(s) is/are: IX] [] [] [] [] [] [] [] [] spouse or former spouse of Defendant parent of a common child with Defendant current or former sexual or intimate partner with Defendant child of Plaintiff child of Defendant family member related by blood (consanguinity) to Defendant family member related by marriage or affinity to Defendant sibling (person who shares biological parenthood) of Defendant current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 19210.4 and provided notice of the time, date and location of the hearing scheduled in this matter. AND NOW, this 12th Day of February, 2003 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. 3. Except as provided in Paragraph 4 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Custody of the following minor children: 1. Jeremy Stephen Broadwater 2. Cecilia Michelle Broadwater shall be as follows: Defendant may have periods of partial, custody as the parties may agree. Defendant may not be under the influence of drugs and/or alcohol during periods of partial custody. 5. The following additional relief is granted as author/zed by {}6108 of the Act: - Defendant is prohibited from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition, except as is necessary with respect to partial custody and/or visitation with the minor children. - Defendant shall not destroy or damage any property owned jointly by the parties or solely by the Plaintiff. - Defendant may enter the residence one time with a constable to retrieve his personal property at a time mutually agreeable to the parties. In the event that the parties do not agree on the ownership of any property requested by Defendant, said property shall remain in the possession of Plaintiff until the issue is resolved in the parties' pending divorce action. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Camp Hill Borough Police Department THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER' 8. All provisions of this order shall expire on: June 13, 2004 NOTICE TO THE DEFEND3dNT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT 'WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMIN/~L PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (5.0) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. {}2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLy VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEED1-NGS UNDER THAT ACT. 18 U.S.C §{}2261-2262. IF YOU POSSESS A FI1LEARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAy BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 4 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize alii weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff's Office shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If suffi.cient grounds for violation of this order are alleged, the dele be arraigned, bond set and both parties given notice of the da~.,o;~. E, d,}~ B. B'ayley, J~ldge Entered pursuant to the consent of Plaintiff and Defendant: Cecilia Frances Broadwater, Plainti~'f [P Brig~Jn ', ~Att~. ey for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 George ~ Matthew Attorney for Defendant Law Office of Pathck F. Lauer, Jr. 2108 Market Street Camp Hill, PA 17011 Distribution to: ~h~eBwr~Sa~i1, Attorney for Plaintiff .t.~,~.~ ~ man, Attorney for Defendant Faxed and Mailed to PSP, e. ,~. ~ ,,~ ,o~$ -- .~ -,,2- 0-~ 02/12/03 WED 16:29 FAX 717 240 6573 CUMB CO PROTHONOTARY ~ o01 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR 3654 *** ~ULTI TN REPORT [ 0119p24§0779 [ 0319P2405331 [ 04]92438026 PSP CP LS OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COUP. T~OUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 - 3387 (717) 24 O- 6195 FAX (717) 240 - 6573 VIA TELECOPIEK TO: FAX # FROM: P_E: MESSAGE: PA STATE POLICE - CENTRAL PROCESSING MIDPENN LEGAL SERVICES CURTIS R. LONG FAXING A PFA 8 NO. OF PAGES (INCLUDING COVER SHEETS) This message is intended fo~ thc usc of the individual or entity to which it is addressed, and it may contai- Information that is privileged, confidential and cx~pt from disclosure m~dcr apphcable law. If the reader of this message is not thc intended recipient, you a~e hvreby notified that any dissamination, distribution or copying of this communication is suivtly prohfoited. If you have received this communication/n ct'rm-, please notify us immediately by telephone and return the original message to us at the above address via the VT ~ ,,,',e{'~,l qarvice. Thalikyou DAVID R. RICCO, Plaintiff V. DENEEN C. RICCO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5734 CIVIL TERM IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on May 27, 1999 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fee or expenses if I do not claim them before a divorce is granted. 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. DAVID RICCO DAVID R. RICCO, Plaintiff V. DENEEN C. RICCO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 02-5734 IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Austin F. Grogan, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, David R. Ricco, and that I mailed a tree and correct copy of the Complaint in Divorce in the above matter, by certified mail, return receipt requested, to the Defendant, Deneen C. Ricco, on December 4, 2002 at her last known address: 3292 Enola Road, Carlisle, PA 17013 which satisfied the requirements of service by mail pursuant to Pa.R.C.P.403. The signed receipt acknowledging receipt on December 5, 2002, is attached hereto as Exhibit "A". Date /~--/ ~/O,Z.~ /~~~~re~ Austin F. Grogan, Esqu're (.~ 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your na~e and address on the reverse so that we ca~ return the card to ou · Attach this ~-~ to th ........ Y ' ~ UaCK O! the mail iec, or on the fm~ if space permits. P e 1. Article Addr~sed to: R,e~ed by (P/ease Print Clearly) B. Signature D. Is delivery address different fi'om/ten If YES, enter daik, ety address below: l-I Agent [] No 3. Service Type '~'b<'ertlfied Mall [] Express Mall [] Registered .-[~-'R~um Receipt for Merchandise [] Insured Mail [] C.O.D. j4. Restricted Delivery? (Extra ,r-'se) 2. Art'.~le Number (Copy from service/abe/) ~ 7001 2510 0009 2220 ~ - 102595-00-M.0952 EXHIBIT "A" DAVID R. RICCIO, : Plaintiff : V. : DENEEN C. RICCIO, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5734 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Austin F. Grogan, Esquire, hereby certify that I did mail a true and correct copy of the Plaintiff's Affidavit under Section 3301(d) of the Divorce Code and Defendant's Counter- Affidavit under Section 3301(d) of the Divorce Code by first class mail on April 7, 2003 to Deneen C. Ricco, 3292 Enola Road, Carlisle, PA 17013 I understand that false statements are made herein are made subject to the penalties of Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date 4/'/I0-3 Austin F. Grogan,/Esquj~"e Attorney for Plahitiff 3901 Market Street Camp Hill, PA 170111 (717) 7374)464 ID//59020 Ii DAVD R. RICC0, Plaintiff DENEEN C. RICCO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5734 CIYIL TERM : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: DENEEN C. RICCO, DEFENDANT You have been sued in an action for divorce. You haw.= failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after the May 22, 2003, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit, which you may file with the Prothonotary of the court, is attached to this notice. Unless you have already fried with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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, PENNSYLVANIA 1'7013 (717) 249-3166 DAVID R. RICCIO, Plaintiff DENEEN C. RICCIO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5734 CIVIL TERM : : IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand I may lose rights concerning alimony, division of property, lawyer's fee or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the dh~orce decree may be entered without further notice to me, and I shall be unable thereafter to file any eco~mmic claims. I verify that the statements made in this Counter-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. Date DENEEN C. RICCO NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. DAVID R. RICCIO, Plaintiff V4 DENEEN C. RICCIO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5734 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Austin F. Grogan, Esquire, hereby certify that I did mail a true and correct copy of the Notice of Intention to File Praecipe to Transmit Record and Defendant's Counter-Affidavit under Section 3301(d) of the Divorce Code and by first class mail on May 1, 2003 to Deneen C. Ricco, 3292 Enola Road, Carlisle, PA 17013 I understand that false statements are made herein are made subject to the penalties of Pa.C.S. § 4904, relating to unswom falsification to ai~thorities. Date (aiSle[0-~ ~,~-~z~(~~,q~. Austin F. Grogan, Esquire, ] Attorney for Plaintiff - ~,fl 3901 Market Street Camp Hill, PA 17011 (717) 737-0464 ID #59020 DAVID R. RICCIO, Plaintiff DENEEN C. RICCIO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5734 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: Grounds for divorce: irretrievable breakdown under §3301(d) of the Divorce Code. Date and manner of service of the complaint: By certified/restricted mail on December 5, 2002 Date of execution of the affidavit required by §3301(d) of the Divorce Code: April 7, 2003; Date of filing and service of the Plaintiff's affidavit upon the Respondent: April 7, 2003. 4. Related claims pending: None. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: May 1, 2003, by First Class Mail. · g , A~,~ey for Plaintiff 3901 Market Street:, Camp H I~/PA 17011 (717) 737-0464 Id # 59020 OF CUMBERLAND IN THE COURT OF COMMON PLEAS CO U N TY STATE OF .~~ PENNA. ........... DAVI-D--R. R-ICCIO ..................... ....................... Plaintiff .................... Yersus ........ DNEEN-.C~.-RICCIO .................... ............. Defendant N o ....... 0.z.=5 ?.3.,t ................. 19 DECREE IN D I V 0 R C E i:~*~,.,"'1 . AND NOW ...................... ~J',..~. I ....... ,~.0~ ~it is~ --ordered and decreed that ...... Dav~l .~,. aicc&o .......................... plaintiff, and ............... D~een' 'C; · RTe¢tO ....................... 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 B Attest: Prothonotary