The URL can be used to link to this page

Home My WebLink About01-0101 FX '';r ! .c- J- .~- ,., , DAVID R. RICCIO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DENEEN C. RlCCIO, Defendant NO, 01-101 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of March, 2001, upon consideration.of Defendant's Motion To Obtain Hearing Date on Petition for Special Relief To Rec.clllsider Divorce Decree on Case Transferred from Cameron County, a hearing is scheduled for Wednesday, the 23rd day of May, 2001, at 1:30 p.m., in Courtroom No, I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Austin F. Grogan, Esq. 24 North 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff ~) l~~/ / O'J~ Michael S. Travis, Esq, Suite 209 4076 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc ',. ",::-! , i ,. " ,j'.!] ,.. i,.'_ ,J ;:-'-- --' .~... ,..... .. , ,FEB ,2 8 ZI1~ ' \ , ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, (TRA.NSFERRED FROM COURT OF COMMON PLEAS OF CAMERON COUNTY) COMMONWEALTH OF PENNSYL VANIA DA VID R. RICCIO, PlaintiffIRespondent, : Civil Action - Divorce : Docket No, 99-5383 vs. 0/- /6/ C,v~l ~~ DENEEN C. RICCIO, Defendan tiPetitio ner. ORDER OF COURT AND NOW, this day of , 2001, in consideration of the foregoing motion, it is hereby ORDERED that Deneen C, Riccio, Petitioner, and David R. Riccio, Respondent, are ORDERED to appear in person at Room 'of the Cumberland Coooty Courthouse, One Courthouse Square, Carlisle, Pennsylvania, on the day of , at o'clock ,m. for a hearing. By the Court: J. Distribution: Michael S, Travis, Esquire for Petitioner Austin F. Grogan, Esquire for Respondent I " ,) , , , " " IN THE COURT OF COMMON PLEAS CUM:BERLAND COUNTY, (TRANSFERRED FROM COURT OF COMMON PLEAS OF CAMERON COUNTY) COMMONWEALTH OF PENNSYLVANIA DAVID R. RICCIO, PlaintiffIRespondent, : Civil Action - Divorce : Docket No. 99-5383 vs, DENEEN C. RICCIO, DefendantlPetitioner, MOTION TO OBTAIN HEARING DATE ON PETITION FOR SPECIAL RELIEF TO RECONSIDER DIVORCE DECREE ON CASE TRANSFERRED FROM CAMERON COUNTY Petitioner requests the Court to set a conference hearing date with respect to the attached Petition for special relief filed in Cameron County and in support thereof states: 1. The Petition (attached hereto as Exhibit A) was filed with the Prothonotary of Cameron County on the 9th day of November, 2000. 2. Acting on the Petition, the Court of Common Pleas of Cameron County set a hearing on the Petition for December 19,2000. A copy of the Cameron County Order is attached hereto as Exhibit B. 3, A Petition to transfer the matter to Cumberland County by stipulation of the parties dated December 5, 2000 was filed by Respondent. A copy of the stipulated petition is attached hereto as Exhibit C. 4. On December 12,2000, the Cameron County Court issued an Order directing transfer of the case to Cumberland County. A copy ofthe Order is attached hereto as Exhibit D. 5, On or about January 4, 2001 attorney for the Respondent, Austin F, Grogan, filed the certified record and filing fee with the Cumberland County Prothonotary, A copy of the transmittal letter is attached hereto as Exhibit E, 6. By telephone on February 5, 2001, Attorney Grogan indicated concurrence with this request for a hearing date on the matter. ! .. , , i . 7. The parties have attempted to resolve the issues raised in the Petition and are unable to reach an agreement. 8. Petitioner anticipates that one to four hours of hearing time will be required in the case. WHEREFORE, Petitioner respectfully requests that a hearing be held on the matter, as originally selby the Court of Common Please of Cameron County. Respectfully submitted, VERIFICATION I, Michael S, Travis, attorney for the Petitioner being more familiar with the facts set forth than Petitioner, verify that the statements made in this motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pennsylvania Consolidated Statutes Section 4904 relating to unsworn falsification to authorities. Dated: ';;p'7J-/ ~, . . I ~ i , IN THE COURT OF COMMON PLEAS CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA DAVID R. RICCIO, Plaintiff, : Civil Action - Divorce : Docket No. 99-5383 vs, DENEEN C. RICCIO, Defendant. PETITION FOR SPECIAL RELIEF TO REOPEN AND STRIKE DIVORCE DECREE OR IN THE ALTERNATIVE REHEAR AND RECONSIDER FINAL DIVORCE DECREE Defendant, Deneen C, Riccio, by and through her counsel, Michael S. Travis, respectfully petitions this Court to reopen and strike a Divorce Decree pursuant to 23 Pa. C,S.A13P4for ~ the alternative for a rehearing and reconsideration pursuant to Pa,R,C.P. No. 1522 d ip ~",;ppo~ represents as follows: I ',,: : 1. Petitioner, Defendant herein is Deneen C, Riccio, of P.O. Box 584, \ I ~ --0 Mechanicsburg, Cumberland County, Penna. I JI ~,; :J:: 2. Respondent, Plaintiff in the divorce is David R. Riccio, of 145 Oxford l ~ Apartments, Camp Hill, Cumberland County, Penna, c:~ " . -", ~. ,1) ~~o 3. Both parties were at all times relevant hereto residents of Cumberland County, Pennsylvania. ' 4, A final decree in divorce was entered by this Court against Wife on September 25, 2000, A copy of the decree is attached as Exhibit A, 5. Shortly before entry of the decree on September 25, 2000, Wife discovered evidence that a "Separation and Property Settlement Agreement of David R. Riccio and Deneen C, Riccio" was fraudulently entered into between the parties, 6, Husband did fraudulently misrepresent the terms of the agreement and did use duress to coerce Wife into signing both the Agreement and Affidavit of Consent and Waiver of Notice to the Divorce, 7. Husband represented to Wife that his counsel, Gregory S. Hazlett, Esquire, was an impartial mediator, Husband stated that the purpose for meeting with Attorney Hazlett was to get together and come up with an agreement. Unrepresented by counsel, Wife did meet with Husband and his counsel at counsel's office and was Exhibit A .. instructed to sign the document which meant that the parties could take up to two years before the divorce was final, but not resolving property issues. The agreement was typewritten and seven pages in length, A complete copy is attached hereto as Exhibit B. 8. Emotionally distraught over the parties' separation, Wife did sign the agreement in the presence of Husband and Counsel only. 9. At that meeting, Wife did not understand that she was waiving her right to alimony, support, property distribution, or that she was giving control offunds to Husband which she believed to be for their unemancipated children. 10. Wife also did not understand that by signing the Agreement, she was forfeiting her right to husband's pension with UPS believed to be valued at $150,000.00. II. The Agreement did not include a full and fair disclosure of all the marital estate. To date, Wife does not believe that she has a full and fair disclosure of the marital assets of the estate and wishes to make a claim for the items in paragraphs 8 - 9, 12. At the time of meeting with Attorney Hazlett, Wife was given a copy of a complaint captioned in Cameron County, but not filed. Therefore, the docwnent was not a true and correct copy of the document filed of record in Cameron County, making service of the complaint incorrect. A copy of the complaint given to Wife is attached hereto as Exhibit C, 13, In the month of September, 2000, Wife realized the fraud when she was unable to access monies believed to be set aside for the children and Husband began demanding that the divorce be completed a year ahead of schedule. 14. Shortly thereafter, Husband appeared at Wife's place of employment and demanded and coerced Wife into signing documents, later learned to be an Affidavit of Consent and Waiver of Notice to the divorce, Wife did not want to sign the affidavit and waiver but did so as Husband followed Wife around the department of the store where she worked, creating a scene and demanding signature. IS. Wife did not realize that the divorce complaint was filed in Cameron County, some 100 plus miles from the County where Wife resides, It is averred that Husband filed the complaint in Cameron County to create an impediment to objecting to the Agreement and subsequent divorce. 16. In September of2000, Wife obtained counsel and sent a Praecipe to Withdraw Consent to the Prothonotary of Cameron County. A copy of Defendant's Praecipe and Transmittal letter dated September 27,2000, is attached hereto as Exhibit D. The Praecipe arrived after the Decree in Divorce had been entered. . ~ f j :~ , "<'>"'- H.,<>; ",._ ....", "", .....,_ 17. The evidence of fraud, misrepresentation and coercion was not discovered until after the entry of the final decree in divorce. 18. The evidence since discovered is material to the issue involved as a Decree in Divorce should not have been entered under these circumstances. 19. The time for taking an appeal from the Decree in Divorce dated September 25, 2000, expires on September 25, 2005, pursuant to 23 Pa. C.S.A. Section 3332. 20, Wife intends to file a motion to move the matter to Cumberland County, Pennsylvania. Husband's counsel did advise by telephone that a change of venue would not be opposed, but failed to provide a stipulation to that effect. WHEREFORE, defendant/wife respectfully requests that this Court promptly enter an order reopening and striking the divorce decree or in the alternative, rehearing and reconsidering the final divorce decree, -" ~ ,-,-, - = = ~ C~ ,'" -- c::, , i -<: , , --' ! '-D -:0 chael , Travis I i .. Attorney for Defendant i ; -I --0 'J .. I " -j 4076 Market Street, Suite 209 I :ij N " J i r.. "'~ ~j Camp Hili, P A 170 Ii n w ,n CD ,....0 (717) 731-9502 . ,> -~~::;.. Il'I !~ 'lAJUn.l VI:' ~VIY.llYXUl" rLI!,~ u!,'-'AMJ:!,nVl'l ~VUl'" I, COMMONWEALTH OF PENNSYLVANIA DAVID R. RICCIO, Plaintiff, No, 99.5383 v. Civil Action - Divorce DENEEN C. RICCIO, Defendant I I .... , = = = o ,--, -< 0C'J DECREE AND NOW, this 2fj'#. day of .~p(t:ruaaz the' . ~ ',2000, ., ~ i ! . ,. Court, having reviewed this case, finds that the marriage between Plaintiffiand Dew>dant,iJl, irretrievably broken. It is DECREED that the Plaintiff, David R. Riel:) is~divo~ced ~JP the bonds of matrimony contracted between himself and the Defendant Deneen C. Riccio, It is further ordered that the terms of the Settlement Agreement reached on June 'JU> 1999, , shall be as if all of the terms and conditions contained in the Agreement were fully set forth herein, The incorporation of said Settlement Agreement is for the purpose of enforcement only and not for any modification of the terms thereof, IT IS FURTHER ORDERED that the Court hereby retain jurisdiction of any other claims raised in this action by the parties for which a final order has nOt yet been entered, BY J. rrueanct ~rr~-c;t,'tbP1 ' certlfledfrOm th.e ' , Records ,of 'Cam~roi1 co. penna. " - ~ ~~u..- -Q .. ~ P rdthonotll'Y' , " - ~- - .- - - ---- r , SEPARATION ANn PR'OPERTY 8~1 I'LF.MEN1' A~RF.F.MRNT OF DAVID R. RICCIO AND DF.NF.F.N C. RICCIO THIS AGREEMENT, made this 7+A ,day of ](1I1JP , 1999, by and between David R. Riccio, hei'einafter !'t;f~ued to as "Husband", and Deneen C. Riccio, hereinafter lcfw.,,,J to as "Wrl'e", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 7" 1971, and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separan:: md apart from one another, and are desirous, therefore, of entering into an agreement which wlll provide for llUJllXltt, dlstr:ibute their marital property, and wlll provide for their muwal responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises IInIlUa!ly made and m"."olly to be kept. the parties heretofore, intending to be legally bound and to legally bind their heirs su~rs and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: ' It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2, INTERFERRNCR: Each party shall be free from interference, authority and contact by the other as fully as if he or she were single and 1lIlDl8.Iried. except as may be necessary to carry oot the provisions of this Agreement. Neither party shall molest the olher nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other. nor in any way harass or malign the other. nor in any way interfere with the peaceful existence, separate and apart from the other in all respo..-'1S as if be or she were single and unmarried 3, WIFE'S DRRT8: Wife ,cp.==t. and wammts to Husband that since their separation on or about May 27. 1999, she has not, and in the future she wlll not, contract or incur any debt or liability for which Husband or his estate might be responsible and shalllnrl",""lfy and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her, 1 > , ~ ~ & t 4, ffi1SRAND'S DEBTS: Husband represents and warrants to WifC that sin::e their separation on or about May 27, 1999, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save WifC harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him, 5. OllTSf ANDING JOINT DEBTS: Husband and WifC agree that they have no outstanding debts and obligations of the Husband and WifC incurred prior to the signing of this Agreement that are not otherwise specifically addressed by provision of this Agreement. In the event that either party contracted or incurred any debts since the date of separation on or about May 27. 1999, the party who incurred said debt shaI1 be responsible for the payment !hereof regardless of the name in which the account may have been charged. 6. MlmJAL RF.T .RASE: Subject to !he provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agr=ncnt provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended, Subject to !he provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal rep=tives, executors, administrators and assigns, release and discharge the other of and from all causes of oc:don, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now bas against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agree.nent, Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code, 7. EQUITABI.R DISTRffilmON OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taIdng into a=unt the fallowing considerations: the length of !he marriage; the age, health , station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for furore acquisitions of capital assets and income; the sources of income of both parties' including but nOl limited to medical, retirement, insurance or other benefits; the contribution or dissipation of eacb party in the acquisition, preservation, depreciation or appreciation of the marital property, including !he contribution of each spouse as a homemalcer; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and !he economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. funds or other property not constituting marital property. The division of 2 property under this Agree=Dt shall be in full satisfilction of all marital rights of the parties, A, DISTRffitmoN OF PERSONAL PROPERTY The parties hereto TT!'ITtn.1ly agree that they have effected a satisfactory division of the furnimre, household furnishings. appliances; and other hcwehold persona1 I" operty between them, and they muwal1y agree that each party sha1l from and after the date hereof be the sole and separate owner of all such mngible personal property presently in his or her possession, Except lIS otherwise provided by the terms of this Agreement, the parties heretO have divided between thelmelves. to their mntnlll satisfactlon, all items of tanglole and inIllngtole marital property. Neither party sha1l make any c1alm to any such items ofImrlt3l p'<Jp<;ity of either party, which are now in the po=ssion and/or under the control of the other, Should It becoule ~"Y, the parties each agree to sign. upon request, any titles or documents n=ry to give effect to this paragraph, P'''I''-rty shall be deeme4 to be in the possession or under the control of either party if. in the case of tllIlgible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agree=nt and, in the case of intlmgJ,ole personal property, if any physical or written evid= of joint ownership. such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, Husband and Wife shall each be deemed to be in the possession and control of his or her own lndlvId1W pension or other employee benefit plans or retirement benefits of any nature with the exception of Socla1 Security benefits to which either parry may have vested or contingent right or IDtt,..,st at the time of the signing of this Agreement, and neither will make any claim against the other for any inll:;. ~ is such benefits, From and after the dale of the signing of this Agreement, both parties shall have complete freedom of disposition lIS to hWher separate P'''I'''.ty and any property which is in their possession or control pursuant to this AgrCGJUeat and may mortgage. !lell. grant, convey, or otherwise encumber or dispose of such P1"I"'lty, whether real of pe=nal. whether such property was acquired before, during or after the marriage, and neither Husband nor WIfe need join in. consent to, or acknowledge any deed, mongage, or other instrument of the other pertaining to such disposition of property. 8. MOTOR VF.RTC'T .R<:, The parties hereby agree to the distn'bution of the motor vehicles as follows: The 1990 Lincoln Towncat shal1 become the sole and exclusive property of Wife The 1993 Ford Van shal1 beco= the sole and exclusive prop.::rty of Husband 9. SUPPORT: Both parties waive the right to collect spousal suppon, a1imony. alimony pendente lite, costs and expenses and attorney's fees or any other form of support. 3 10. PF:NsrON PLAN: The parties release llII)' interest in the opposite spouse's Pensions. bank l\CCOIJI1lS, stocks, bonds. or any other lllng10le or intangible assel3 wheresoever located and a=muIated during the marriage 11. COUNSRL FRIi'.<; A ND ~;xpl<:NSE.<;: Husband and W1fe Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of maritllI p1\Jperty of the parties are fair, adequate and satisfactory to them, Both parties agree to accept the provi3ions set forth in this Agreement in lieu of and in full and final settlement and satistilction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, COlIIl8el fees or expenses or any other provisions for their suppon and maintenance before. during and after the cormnencement of any proceedings for divorce or annulment between the parties, 12. WAIVRRS OFCI.AIMS AGAINST FSI'ATES: Except as herein otherwise provided. each party may dispose of his or her property in any way. and each party hereby waives and relinquishes llII)' and all rights he or she may now have or hereafter acquire, under the present or futnre laws of llII)' jnrisdiction. to share in the property or estate of the other as a result of the maritllI relationship, including without limitation, dower, cunesy, Slamtory allowance, widow's allowance, intestate share. right to take against the will of the other, and right to act as .nm;ni<trator or executor of the others estate. Each will. at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mu1lla\ waiver and relinquishment of all such interests, rights and claims. 13. srrnsF-OllENT DIVORCE: Husband intends to file " no-limIt complaint in divorce against W1fe. Husband and Wife each agree ro jurisdiction of the Coon of Common Pleas of Cameron County and further agree to sign an affidavit of consent to be filed in said div= action, In the event such divorce action is concluded, the parties sha1l be bound by all the terms of this Agreement which may be incOIporated by reference into the Divorce Decree, sha1l not be merged into 1he Divorce Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. It is !he intention of the parties that the Agreement shall surVive llII)' action for divorce which may be instimted and prosecuted by either party and no order, judgment or d= of div=. temporary. final or permanent shall affect or modify the financial terms of this Agreement. This Agreement may be incorporated in but shall not merge inro any such judgment or d= of final divorce. but shall be incorporated for the purposes of enforcement only. 14, BREACH AND ENFORCEMENT: If either party breaches llII)' provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as IDa y be 4 available 10 him or her, lllld the party br-rhmg this Ap,r<emeill shoold be =PO=ole fur payment of leg:!J f= lllld = incurred by the olher in enforcing his or her rights under this Agreement. A, It is cxpr=Iy lIIIC!entood and agreed by and betw=1 the parties hereto that this Agreement may be speclfico Ily enforced by either Hll!baOO or WIfe in Equity, and the parties heretO agree that if an action to enforce this Agreement Is brought in Equity by either party, the other party will ID3kc no objection on the alleged ground of 1ack of jumdiction of said Court on the ground that there is an adequate remedy at law, the parties to not intend or purport hereby to improperly confer jurisdiction on a Coon in Equity by this AgreeflV'nt, but they agree as provided herein fur the funun of Equity in mumaJ recognition of the present state of the law, and in recognition of the general jurisdiction of Coons in Equity over ~="",UIl> such as this one. B. Notwithstllnding anything to the contrary herein, Husband and Wife may also proceed with an action at law for tedr= of his or her rights UIlder the team of this Ag=lOeJ)t. and in such event it is specifically understood llIld agteed that for and In specific consideration of the other provisions and COVen.anl3 of this Agreemcm, each shall waive any right to a jury tria1 so as 10 e;q>edite the bearing and disposition of such case and so as 10 avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costS of litigation that either may sustain, or incur or become liable for. in any way whatsoever, or shall pay upon. or in ~= of any default or breach by the other of any of the terms or provisions of this agttXment by reason of which either party sha11 be obliged to retain or engage =1 to initiate or maintain or de1i:nd proceedings against the other at law or equity or both in any way whatsoeVer; provided that the party seel::s to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability fur attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a bte.~h;ng or wrongdoing party shall bear the burden and obligation of any and all costs and expe= and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 15, ADDmONAL INSI'RIJMF:NTS: Each of the parties sha11 from time 10 time, at the request of the other, execute, acknowledge and deliver 10 the other party any and all further instruments that may be reasonably required to give full fo= and effect 10 the provisions of this Agreement. 16, VOUJNTARY EXECUITON: The provisions of this Agreement and their legal effect have been completl:ly reviewed by the parties. and each party acknowledges that the Agroem:nt Is falr and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that It is not the result of any duress or undue influ=, The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them. 5 '(I 17, E:NTIRE AGREEMENT: T!1i3 A!;' C<JJXDt COIttlIins the entire UDderstanding of the parties and there are no representatioos. WllITl!1llies. covenants or UIIdertaldng! other than those expr=ly set forth herein. Husband and Wife acknowledge and agree thAt the provisions of this Agreement with respect to the division and distribution of marital and separate ploperty are fair. equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been !liken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any coun of competent jurisdiction pursuant to Section 401(d) of the Div= Code or any other !aws. Husband and Wife voluntarily and intelligently waive and reliDquish any right to seek a court ordered detell11iuation and distribution of marital P'Op<ony. but nothing herein contained shall constitute a waiver by eilher party of any rights [0 seek the relief of any coon fur the purpose of enforcing any provUion of this Agreement, 18. DISCLOSURE: Husband and Wife each ,ep,'-&.ut and warrant to the other that he or she has made a full and complete disclosure to the other party of all !Wets of any namre whatsoever in which such party has an intt:resl, the llOUtCCS and lUDCXlllt of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 19. MODIFICATION AND WAIVER: A modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist Upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defauh of the same or similar namre. 20. PRIOR AGRF.F.MF.NT: It is understood and agreed that any and all propeny settlement agret.== which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. DE',CRIPTIVE HRADINC',s: The deowlptive ne..rlin~ used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties, 22. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph , I I , I ! 6 ~:i.n{;;:_-::__: .........,. ""'<,~","':.~,~~~-~-~- ~.-<'._-- ~- - - ~;<.._..-= "' '.-.-," . berecf shsII be ~nxd to be a separate and indepeodcnt covenant and agr.........nt 23, APPUCART.R LAW: This Agreement sha11 be COIlSlIUed under the laws of the Commonwealth of Pennsylvania. 24. VOID CLAUSES: If any terms. conditions. clause or provision of this Agreement sha11 be determined or declared to be void or invalid in law or otherwi!e. then only that term, condition, clause or provision sha11 be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force. effect and operation. - 25. AGRRF.MF.NT BINDING ON HEmS: This Agreement shall be binding and sha11 inure to the benefit of the panies hereto and their respective heirs, executors, .rlmini<trlltors, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above ?!) If ~ DAVIDR. 0 '<-- (SEAL) dress: )- 7/ I)I?,'!J, '1 p- ^- ~ 4 Co-(. ,.... -e c. Jot ,f-/< ,. C J /) "":J- /-'<J- / ?rn- (SEAL) ~\~~~ 1~'S 7 . r' ....,,""o-~,., ~--'-,- ~'..., " r~"'"'''''''~'--~-' --'-- ....- ,'. .~- . ' W i ~ .", " >._....~.-" .-- ,---~ . ',.. _A... :";-~~;:'..:;Z:;;;.:.. 'fr"...~~'T .,C:,~;_~,~;-"~.~t;;;~~.r'";:"~~"'--:-~~-_ IN THE COURT OF COMMON PLEAS CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA DAVID R. RICCIO, PLAINTIFF, CfvU Action-Divorce Docket No. V. DENEEN C. RICCIO, DEFENDANT, NOTICE TO DEFEND AND CI.AIM OF 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. Ajudgment 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, 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. OFFICE OF THE PROTHONOTARY East 5th Street Emporfm, PeDl16ylvanfa 15834 Telephone: (814) 486-3349 r~..z:,i~'''';''',:;""",-",~"_,,._,- ,-,-:;_'':;>'''i'P~''q:j'''r.~<>q.~ ...........,--. . :i< ",'T" ,..^ ~~.~ '~:~'"""""",,,-'-_<r-:'-',_..;-:~~:~~,_ IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA DAVID R. RICCIO, PLAINTIFF, Civil Action-Divorce Docket No. V5. DENEEN C. RICCIO, DEFENDANT A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE, Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud, Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante, Usted pUede perder dinero, 0 propiedades U otros derechos importllntes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una!ista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cameron County Court ofCo=on Pleas, East 5th Street, Emporium, Pennsylvania 15834, SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARlOS DEABOGADO U omos GASTOS ANTES DE QUE EL , DECRETO FINAL DE DIVORCIO 0 ANULlAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO T!ENEPUEDEPAGAR UN ABOGADO. V AYA 0 LLAME A LOFFICINAINDICADA ABAJO PARA AVERlGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. Office of the Prothonotary East 5th Street, Emporlnm, Pennsyivania 15834 Phone:(814) 486-3349 ., """"""",~.., f r.....~---.,....... -~_._,.- , ; _''''_~'-k,-_~:t::~~.~",u~.-'':~.;~~~~~-'''''''~ """,:~~~~~~":,,,,::;!.::r'::'~'~~~~,:..,.;.:"~~~,:__~-;: _ IN THE COURT OF COMMON PLEAS CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA A V A IT .ABIT,ITY OF COlJNSEI.lNG THE DIVORCE CODE OF PENNSYLV ANlA REQUIRES THAT YOU BE NO'lJ.lflED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C,S, & 3301(a)(6)---Indignities 23 Pa.C.S. & 3301 (c) Irretrievable Breakdown; Mutual Consent 23 Pa.C.S, & 3301(d) Irretrievable Breakdown; Two year separation wh= the court det=ines that th= is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cameron County Courthouse, East 5th Street, Emporium, Pennsylvania 15834. Telephone: (814)-486-3349. qulr tto r Plain tiff 22 South Market Street Mechanlcsbnrg, Pennsylvania 17055 (717) 790-0490 .~~:.:~~'". "_"....,'_~(c~',..,.,.~. -".~,,",:'. ~r;...i i1'"JE li"liil ~~-.u'r ~"''';'l>'H= ~ p .... ~.~.....:.:-..:.. IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWJtA,LTH OF PENNSYLVANIA . . DAVID R. RICCIO, PLAINTIFF Civll Action-Divorce Case Number VS. DENEEN C. RICCIO, : DEFENDANT COMPLA.INT UNDER S'F.CTION 3301 (C) OR 33010>) OF THF: DIVORCE CODE PARTIES 1. Plaintiff is David R. Riccio, an adult individual, sui juris an who currently resides at 571 Brighton Place Mcchanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania. 2, Defendant, is Deneen C, Riccio. an adult individual, sui juris, who currently resides at 4 Gunpowder Road, Mechanicsburg, P A. 17055 in the County of Cumberland Commonwealth of Pennsylvania. .JURISDIcnON & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 7'" day of August, of 1971, in the County of Cumberland, Commonwealth of Pennsylvania. 5, Neither the Plaintiffnor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6, There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. ~llIllLl.l,~."ji,~.\j!!;,;.;~,'';tt~::~-""o,u.;':..-!i' ;:":,j'~!:li~Uiih-T~)f'~""'{,'%.'lilI'~ili5~'~~~';;';:"",,;:'",::;-,~;:;-:, GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7, For the purposcs of section 3301 (d) of the Divorce Code, the parties have been living seperatc since 2'f" day of. May 1999. 8. The marriage is im:trievably broken. 9, Plaintiffbas bec:n advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling, WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code, 11. The parties do have biological children born within the marriage that have reached the age of majority. 12, The parties have entered into a written agreement as to support, Alimony, and property division which shall be incorporated into the Divorce Decree. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13, The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code, .. ''':'''~;'''''I HAZLETr & OESTERLING AlTO SATLAW VERIFI(;A TION I verify that upon personal knowledge or information and belief that the stat=enls made in this Complaint are true and correct I understand that false stat=enls herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unsworn falsification to authorities. Date: b/7/fY c-: If 12 ~ -,.L~~ ~_ :,.it~~~--:i,~;.;.;.,.,t'.l"~;''i\:' ,,~~ ~_ ;r':tcwr,~ _. 1_-' t_I<..il~,(_ i' 4078 MARKET STRE:ET~ SUITE zoe CAMP HIU.~ PA 17011 _ . UIil i! ~~-I iii.,,-~~~~~r;:::~~~ l' , ___: , TELEPHONE (717) 73J-850Z FAX (7'71 73'-8011 September 27, 2000 Office of the Prothonotary Cameron County Courthouse East 5th Street Emporim, PA [5834 Re: David R. Riccio v. Deneen C. Riccio, No.: Unknown, In Divorce To the Prothonotary: qq -55~3 Enc[osed for filing please find my entry of appearance and praecipe to withdraw affidavit of c,onsent to divorce in this case. Please return a filed copy of each in the envelope enclosed for your convenience, Ms. Riccio was coerced into filing a document which is believed to be an affidavit of consent and waiver of notice to the entry ofa divorce. We do not have the docket number to the divorce action as a true and correct copy of the filed document was never served on Defendant. The Defendant may shortly file either a motion to move the matter to Cumberland County where both parties reside or ask the Court to open a marital settlement agreement. Please contact me should you have any questions or concerns. C.J rr: c.J Q ~~<j \ Very truly yours. 0<' i, . v:> '" c, CJ " ~:':'.~:.MSgctt ,,: LU '-' E <-' nCL pc: Gregory S. Hazlett, Esquire, 22 S. Market Street, Mechanicsburg, P A [7055 defendant :;;: 'i \ I '/ c /, 'eo<.o... n^-e:,,~P-. ,.,. f'T....... Th<<, ~<e. wA-& A-/fl-eJ7 ~.., t-ecQ . bUlL ,-; I "'Os. ~ ,~ --, -m ~.HE (...UlJ.K~ UE ~VMMUn r~ ~urc L"Utffi. I. ya-, COMMONWEALTH OF PENNSYLVANIA .:,~I DAVID R. RICCIO, Plaintiff, CivIl Action - Divorce Docket No.: VS. DENEEN C. RICCIO, Defendant. PRAECIPE TO W lTJ:illRA W AFFIDAVIT OF CONSENT TO DIVORCE To the Prothonotary: Please withdraw the Affidavit of Consent to divorce ofDencen C, Riccio, BY:~' M1f:1i S. Travis Attorney for Defendant ill No. 77399 4076 Market Street, Suite 209 CampHill,PA 17011 Date: 9~71otJ 0 .~,. \D II ~':-:' N UJ Cl 6 u: - 0::) """ ) .. N , I >- L' ; u_ 0 dJ(~ = ", = = u: "-' I ~~~,'''6...<WYi:'{.'''-~;:;'''"",,- T~~!"~\.~~-' '- "',,",- COMMONWEALTH OF PENNSYLVANIA DA VID R. RICCIO, Plaintiff, : : Civil Action - Divorce : Docket No. 99-5383 vs. DENEEN C. RICCIO, Defendant. VERIFICATION I verify that the statements made in this Petition 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. DATED: 11-6'Kr GOY) ~C'-A~ eneen C, Riccio IN '11m COURT OF Cb'MMON PLEAS CAMERON COUNTY, COMM:ONWEALTH OF PENNSYLVANIA DAVID R. RICCIO, Plaintiff, ,. . , ' 1.\ , 0.. : Civil Action - Divorce : Docket No. 99-5383 vs. DENEEN C. RICCIO, Defendant. CERTIFICATE OF SERVICE I, Michael S, Travis, certifY that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person, ad I follows: Gregory S. Hazlett, Esquire 22 S, Market Street Mechanicsburg, PA 17055 Dated: /;jJj JZl .~ By: y' ~ el ,Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731-9502 Fax 731-9511 , Attorney for PetitionerlWife . ~, .;. essed a8-0 " = :n = o = ::-;l :;;!: = -< I <.D g, ...:... C' ?; .~~ fT'l (') o :0 co m :n orn ~~ 1"'00.- .~"l -'J ;.:'<~, r;-l :--~o '" ::l:: .-:0 ,'_.\...:.u ~ :0 "::;['11 .~110 ::;0 "'--::.0 ?o '" w co .__._;. ~_,.,_.._M, - -- -- . , , < c , (j, " , .' "4 ,. ;;; >. x , ..-", ~ . ..:t- 1" .~ .. I DN'COUNTY, , CDMMONWEALTH DE: PENNSYLVANIA DAVID R RICCIO', Plaintiff, : Civil Action - Divorce : Docket No. 99-5383 vs. DENEEN C. RICCIO, Defendant. ORDER ;f'" I- /J ZfJOJ '. AND NOW, this J day of / ~ , upon consideration of defendant's petition to reopen and strike the divorce decree or in the alternative; rehear and reconsider the final divorce decree, it is hereby ORDERED that: _ the Decree dated September 25, 2000, is reopened and the divorce decree shall be striken from the record pending further order. V a rehearing and reconsideration are granted on the fiha1 decree in this matter dated SePtem~-?25, 2000. Cflrv...e.etJ N Hearing to be held in Room NA-i If (o/lrtn~ounty Courthouse at :z : HJ p.m. on ox. _ 1"1, Z toV (date), All other proceedings are stayed pending the decision of this Court upon rehearing and reconsideration, !%al rbe<<.f .vrv O'f(Q:Jf27 OF M<J I/) CfiJtJ5lh?A.. -s'{;d ~ Iiled 7 datfJ h1PU Na-t-;jthecourt: ' / I -,', ." '" = = = C5 -= ~?? .. / J. N .// i I I " 2.:: I E.~J IT'; ::0 ". =t:: , / co w ~ < ~'. ~ ~l;" tj ,/ ./ // ",,18 e,':!d Correct Copy ;;" K'tH\ ed from the Rf';(;ords of Cameron Co., Penna /1/ / / / / // !t-~f7c (l a ~ pr'8Mnotery a::pu5+y /'/ / / Exhibit B /.../ . , , . DAVID R, RICCIO, IN THE COURT OF COMlvfON PLEAS CAMERON COUNTY, PENNSYLVANIA Plaintiff v. NO. 99-5383 DENEEN C. RICCIO, Defendant CIVIL ACTION IN DIVORCE PETITION TO TRANSFER PENDING ACTION TO CUMBERLAND COUNTY AND NOW, this ~ day of December 2000, the Plaintiff, David R. Riccio, by and through his Attorney, Austin F. Grogan, Esq., and the Defendant, Deneen C. Riccio, by and through her Attorney, Michael S. Travis, Esq., agree and stipulate to the following: L The parties currently reside in Cumberland County, Pennsylvania; 2. A Divorce action was filed in the Court of Common Pleas of Cameron County, docketed at 99-5383; 3. The parties, at the time the Divorce was filed, resided in Cumberland County, Pennsylvania, and neither party resided in Cameron County, Pennsylvania; 4. Subsequent to the Divorce action being filed a Maniage Settlement Agreement and appropriate Affidavits were filed to conclude the Divorce; 5. This Honorable Court granted a Divorce Decree on or about September 25,2000 alld incorporated the Maniage Settlement Agreement; 6, Subsequently, the Defendant, Deneen Riccio, petitioned this Co hn~r a~t 10 c:::> ~ c:;t November 8, 2000 to set aside and/or open the Divorce Decree; ~~ R c~ I ~' -.I 7. The parties currently have a Hearing scheduled before this Hono ab e ~ourt on :<1 """ ~ ::c: December 19, 2000 at 2:00PM; ~ '2 ~ CJ1 :D 8, The parties are required to submit briefs filed no later than seven days preceed!rig the Hearing; Exhibit C C)c:::: '-:-."- ....- ,'_:.-' " ,. ~', :...:.~ ~;~ (:.) ~. .,,..., ?o < ,( . . 9. The parties, by and through their Attorneys, agree that it is more convenient to transfer the pending litigation regarding the Divorce and/or Marriage Settlement Agreement, and/or ultimate Divorce Decree to Cumberland County, Pennsylvania for fmal resolution of the legal dispute. WHEREFORE, the parties, by and through their attorneys, stipulate that this Honorable Court may transfer this action to Cumberland County Court of Common Pleas. Austin F. Grogan, squir 24 North 32nd Street Camp Hill, Pennsylvania (717) 737-1956 Attorney for Plaintiff ~~ 4076 Market Street, Suite 209 Camp Hill, Pennsylvania 17011 (717)731-9502 Attorney for Defendant I "D """ :u = <"-)tT: 0 = =;J = .,C'L:::' r c::J ".., .. :,~! C"> ,;. (";> ~} r <- -..J ${ :Ij :bo " C,l 0 ::z: ?is '2 ("-, ~ " C.T1 C ::0 ::D 0 CAMERON CT PROTHONOTAR ID:1-S14-4S6-0464 DEC 14'00 15:04 No.OOS P,02 ..~ '~.' "';";'}'1::tt;''l.;l':''.;~~'t0~::H;~7'iW~;,',r~,'1:'i:'~'';'"~:.':~;;,7.;:;:~~<.~:m11T.~,.. . ,~Y~"T""'--:'."-$:~~~1!t!'...<::~1 '1'le~'':1''#''.~'j'.''''G~' ,;:~. "'I""~..,...~~"~"~"'j>I;~ ':"'>:!:1.1''''~ U'!...... Plaintiff IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA DA VlD R. R1CCTO, v, NO. 99-5383 DENEEN C. R1CCTO, Defendant CIVIL ACTION IN DJVORCE ORDER AND NOW. this Hf'-day of f.P~, 2000 . upon the partic,s' Stipulation the Cameron C(lunty Prothonotary is hereby ORDERED and DIRECTED to transfer the pending action 10 the Cumberland County Court of Common Pleas, ==4.--.-.,._uP { 1'..1, 'n .1.- , ' [.?~ {".'? <:.:':'- o r~1 <:") ,j.- ;,:.-; r-', c) :'{l c., (ill ;,~ ~".) 1',' 0\ '( ,'I;CO i.:nd Correct Copy c(\~df:::,d from the Hocords of Cameron Co. ~na. , ~~-:!~/ Exhibit D .. ~ , . " . , cA~ rS3. &~ ATTORNEY AT LAW 24 North 32nd Street Camp HilI, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 , i ,~ riJ', f~T\;DlQj I n '1,_.!1i1 , ' - {(';-[ /) I January 4, 2001 Office of Prothonotary A TIN: Irene Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: David R. Riccio v. Deneen C. Riccio Civil Action - Divorce Dear Irene: Enclosed is a check for $180.50 for the filing fee in the Riccio divorce. If you have any questions, please contact me at your convenience, Sincerely, ~; JjrA Austin F. GrOg:;:: ~ AFG/rr Enclosure Cc: David Riccio Michael Travis, Esq. Exhibit E , ... "1. ~ .,t .'~ '- , , , t . . CERTIFICATE OF SERVICE I, Michael S. Travis, certif'y that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person, addressed as follows: Austin F. Grogan, Esquire 24 N. 32"d Street Camp Hill, PA 17011 Dated: 4/:;1;f; I ~. el S. TravIs ill No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731-9502 Fax 731-9511 Attorney for Petitioner ,~ - - -.- _." -.." --. ,." "'- -I, , . - ~ DAVID R. RICCIO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DENEEN C. RICCIO, Defendant NO. 01-101 CIVIL TERM DAVID R. RICCIO, Plaintiff v. IN TIlE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE DENEEN C. RICCIO, Defendant DOCKET NO. 99-5383 ORDER OF COURT AND NOW, this 25th day of May, 2001, upon consideration of the stipulation of counsel whereby venue of the above-captioned case was transferred to Cumberland County, and it appearing that the relief requested by Defendant at this time is a vacation of the divorce decree entered by the Court of Common Pleas of Cameron County, and following a conference in chambers with counsel in which doubt was expressed by this court as to its authority to invalidate a divorce decree from another county where both parties had participated in the litigation, and the undersigned having spoken with the Honorable Vernon D. Roof, President Judge of the 59th Judicial District and confirmed the willingness of the Cameron County Court of Common Pleas to accept a retransfer of the case in view of the jurisdictional concern, and counsel having agreed to the retransfer, the case is retransferred to the Court of Common Pleas of Cameron County for a hearing < \ i on Defendant's Petition for Special relief To Reopen and Strike Divorce Decree or in the Alternative Rehear and Reconsider Final Divorce Decree, PURSUANT TO an agreement of counsel, any costs associated with the retransfer shall be shared equally by the parties. BY THE COURT, Austin F. Grogan, Esq, 24 North 32"d Street Camp Hill, PA 17011 Attorney for Plaintiff .iY ~ Michael S. Travis, Esq, Suite 209 4076 Market Street Camp Hill, PA 17011 Attorney for Defendant it. o:,D \ ?j'1- :rc , , . '" . '..."0"_" '..""_'__ _.... _, _n ,-' _ir-~' , DA VlD R. RiCCIO, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENEEN C. RiCCIO, Defendant NO, 01-101 CIVIL TERM DAVID R. RICCIO, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE DENEEN C. RICCIO, Defendant DOCKET NO. 99-5383 ORDER OF COURT AND NOW, this 25th day of May, 2001, upon consideration of the stipulation of counsel whereby venue of the above-captioned case was transferred to Cumberland County, and it appearing that the relief requested by Defendant at this time is a vacation of the divorce decree entered by the Court of Common Pleas of Cameron County, and following a conference in chambers with counsel in which doubt was expressed by this court as to its authority to invalidate a divorce decree from another county where both parties had participated in the litigation, and the undersigned having spoken with the Honorable Vernon D. Roof, President Judge of the 59th Judicial District and confirmed the willingness of the Cameron County Court of Common Pleas to accept a retransfer of the case in view of the jurisdictional concern, and counsel having agreed to the retransfer, the case is retransferred to the Court of Common Pleas of Cameron County for a hearing ~ ) ~' I .:1/ , on Defendant's Petition for Special relief To Reopen and Strike Divorce Decree or in the Alternative Rehear and Reconsider Final Divorce Decree, PURSUANT TO an agreement of counsel, any costs associated with the retransfer shall be shared equally by the parties, BY THE COURT, Austin F. Grogan, Esq. 24 North 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff Michael S, Travis, Esq. Suite 209 4076 Market Street Camp Hill, PA 17011 Attorney for Defendant it. 0.;,) 'jf}- :rc ;("'e Curtis R. Long Prothonotary Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor <!&ffice of toe ~rotbonotarp QL:umberlanl:J Q[:ountp Od co _ o::~' 0 GJ~ I 02; ..;' I ~l'~ID ~ Rf~ I' 0:: ~, "PlaJ,'1ft f c'" ~ ,- I c, , - I ~~ ~ ~! t u:i",- VEla: ""! i ;:r ;-!_ ~ ~>._ I ; Wj~::-.. -, ..;2 f I ;.--..;:; ..= I I cti~NEE~C. ~CfIq ~ l.;L. . Defendant IN THE COURT OF CCMMON PLEAS OF Cumberland County, Pennsylvania CIVIL ACTION - LAW NO. 01-101 CIVIL TERM CAMERON COUNTY COORT OF c:cMMON PLEAS Please acknowledge receipt of this case by signing and dating this document. Record ReCeiVed:[IU.I%) #01- 101 frnu)(ffnJ' # '1<7-6383 Date: ,f7-ca5 -01 ~ #! /JzJ pf/)ntb"2)/ /.0 ~<<'~ (Signature & Title) One Courthouse Square. Carlisle, Pennsylvania J 7013 . (717) 240-6195 . Fax (717) 240-6573 ,., Curtis R. Long Prothonotary DAVID R. RICCIO Plaintiff vs DENEEN C. RICCIO Defendant Renee K. Simpson Depuly Prothonotary John E. Slike Solicitor <l&ffice of tbe ~rotbonotarp {[umberIanb {[ountp IN THE CXXJRT OF CCMMON PLEAS OF CUmberland County, Pennsylvania CIVIL ACTION - LAW NO. 01-101 CIVIL TERM CAMERON C<XJNTY CXXJRT OF a:M1ON PLEAS Please acknowledge receipt of this case by signing and dating this- document. Record Received: Date: (Signature & Title) ~ ,h fY't{)e C U~1 0'" ., CO:J' ef, ,J,-J () I (p One Courthouse Square. Carlisle, Pennsylvania 17013 . (717) 240-6195 . Fax (717) 240-6573 ... RECEIPT FOR PAYMENT l ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Case Number 2001-99999 RICCIO (VS) RICCIO Received of PD MICHAEL S TRAVIS BH Total Check... + Total Cash"" + Change""",. - Receipt total. ~ 10,87 ,00 ,00 10.87 Receipt Date Receipt Time Receipt No. Check No. 1280 6/13/2001 10:16:06 112880 ------------------------ Distribut,ion Of Payment ------------------------ Transaction Description Payment Amount COPIES 10.87 10,87 CUMBERLAND CO GENERAL FUND OFFICE OF- PROTHONOTARY COURT HOQSE [g}~@ ~L-2_4...._!\pR1lj 32NJ2.~.r^~J:':".;;.,:_~~_.'-; CARLISLE, PA. June 7, 2001 . ,.:.',;:' "," , ___rAMP ,tm,f, PA__12PkFm__u/'.t.tQm~.Y_.Jor2l~ip_tYf(_,._,i ~1i'L~- pr~~~Y-r--E$.QAI~~~e~O.k}O~f=rP:t.R.EET (?:; \()) [P W ~ TO The County of'Gumbe';I~nd OR " " -=-1 ~--I .,~ 'n~V~~f~t~~~c--~-:=--.~~~.~'-=-c:;:~:~~~~~r~and : ~unty -=r i I-"---~ =1=1-\ ~ .-_,,"Vi> _'~~"L:-:---I ~ -! 1-=1 ~ . I ~~,:~;;,-~~~~~~o;~ ,=i===I.~. -Ii =---' I I __u_ -----. ----------------..-',...,-...---------1-- -I ---! ..--.-------1 : i ---- -- CO\'IES 39 @ $.50 a p3.ge - - -- -- -- j Slq_~1 .! =--= =- i $2 23 PC6TAGE --- ~.AJ<E CHECK PAYASLS TO P~OTHONOTARY. COMMON PLEAS COURT I '$21 73 j--f-J i I 1--' I 1 1-1--' , \--- I 1---- TOTAL l\M:XlNT DOE -- -- ~ -, [ ,,_. .:' ... ~ ^ ,. ::.. . ~ ;.. ." .;. ,- , . -.. ...- - - -----... . . ~,:$!$)'A-:}F:"'<;rb~~j"F' , ..-": \ t- R L , 'L,ur IS , ong Prothonotary Renee K, Simpson Deputy Pn)thonolafY t. ' John E. Slike Solicitor <l&ffice of tbe l}rotbonotarp <!Cumberlanb <!Countp --- Date du.f'''' J doal TO: We are returning the enclosed transaction(s) for the following reason(s) : . Incorrect fee received $ should be $ . Need signature . Must provide duplicate copies of the proposed judgment, decree or order and stamped envelopes addressed to the said persons and/or attorneys for notification. Please note: This notification is not a substitute for service of process. . Other reasons _H.<"' () rJe.r 0 t= CoOL< rt- Co \ b fA r\' +-" Ix> sha.re/>f e lW.lllv . I Note: All transactions directed to this office must include a SELF ADDRESSED ENVELOPE WITH POSTAGE if a return receipt or certificate is desired. PAYMENT or FEE at time of filing will be required in every instance, CURTIS R. LONG P~~~~b)~ Deputy Prothonotary One Courthouse Square . Carlisle, Pennsylvania 17013 . (717) 240-6195 . Fax (717) 240-6573 , ,- OFFICE OF PROTHONOTARY COURT HOUSE June 7, 2001 ,19-_ l\TlC:'1''TN'' r.R()(;AN, ESO. , 24 NORTH 32ND S~~._ i ).fc{CARUSlE" PA, rllMP HOT,!. PA 170)JjD ...httQrney.. for P1aip..tiff __ ft1a .. '110-1-01 MTrHlIF:T. s. TRAVISi ESO SUITE 209 4076 MARKET STREE CAMP HILL PA 17m: AUoriiey :torI::ieIehdahY--"" I f=! I ,. ~I ~FI I ' i Cumberland DR 11 I-I' Court of Corrm9~..,!"leas Cumberland 'Iounty _I Civil Number 01-101. --.----....- --.--------- ._---"._" 1=--==1 FEES 10 TRANSFER"';;--CAMERON COUI\jTY ~R;-~;-Z(MJJON P -j -'1- ._________....,..___.__ r _I I ! \___1 , ! COPIES 39 @ $.50 a page.. - ----:::-.-::- - - --I $19.50 I I $2 23 ~I -$21 73 TO The County of --~----~~~ ---------. . "."...--. -.-..---,---.,-- David R. Riccio Pla~nrrrr vs Deneen C. Riccio Defeooan1:--" -- PCETAGE - - - - - .. - .. - - - - - -.--.-- I .__n_"____.___... 1 TOTAL 1\MOUNT DUE .. - - - - - - ---.>- - ---------------- MAKE CHECK PAYA81'= P TH ___..I - TO RO ONOl~~~ C_~~_~~:. C_~URT -=__:1___1 ", 10.n fd.~V1S Cift ,r;2go f#;- /0_'61 fol j)lAsi\~ r.G-rOJtlA C}-,J. ;;. & i). Cj i-/, -i---- --1--1-- -1--- =1 -1- -1--- ,-I j-I---'- , ,-, I , -1---- _i " , ...io# RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Rece:j.pt Date Rece~pt Time Receipt No, 6/22/2001 13:20:27 113274 Case Number 2001-99999 PD COPIES (VB) Received of PD LAW OFFICES OF AUSTIN GROGA BH Total Check", + Total Cash"" + Change, , . . . . " - Receipt total, 10,87 ,00 ,00 10,87 Check No, 2629 ------------------------ Distribution Of Payment ------------------------ Transaction Description Payment Amount COPIES 10.87 CUMBERLAND CO GENERAL FUND 10.87 MICHAEL S, TRAVIS ATTORNEY AT LAW 4076 MARKE:T STREET. SU ITE: 209 CAMP HIL.L, PA 17011 TELE:PHONE (71'7) 731~9S0.2 FAX (71'7) 731-9511 ':~/. , , , May 18, 2001 CURTIS R. LONG PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Re: David R. Riccio v. Deneen C. Riccio, No. 01-101, Petition for Special Relief to Open and Strike Divorce Decree or in the Alternative, Brief in Support of Petition Dear Mr. Long: This case was transferred from Cameron County, A hearing on this matter is set for May 23,2001 before Judge Oler, Accorljing to my records it is not clear if my brief was also transferred from Cameron County, In the event that it was not, enclosed for filing please find a copy thereof. Please contact me should you have any questions or concerns. c el S, Travis Attorney for Petitioner MSTIhm Enc!.: brief pc: Austin Grogan, Esquire (w/o encL) Hon, J. Wesley Oler, Jr, (w/encL), One Courthouse Square, Carlisle, P A 17013 Petitioner (w/o encL) -~ ~ 'fi:,,:;'i' :"~~~"'-~ ~ ..,.':..',.i;;_-:....'- -- - ,-+""---- . -,--- ., 1f4r <I <'001 ,:,,'.0-: MICHAEL S. TRAV'S ATTORNEY AT LAW 4076 MARKET STREET, SUnE 209 CAMP HILL, PA 17011 TELEPHONE (717) 7,31-9502: F'AX (7171 731-951 J May 18,2001 CURTISR. LONG PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Re: David R. Riccio v. Deneen C. Riccio, No. 01-101, Petition for Special Reliefto Open and Strike Divorce Decree or in the Alternative, Brief in Support of Petition Dear Mr. Long: This case was transferred from Cameron COlUlty. A hearing on this matter is set for May 23,2001 before Judge Oler. According to my records it is not clear ifmy brief was also transferred from Cameron COlUlty. In the event that it was not, enclosed for filing please fmd a copy thereof. Please contact me should you have any questions or concerns. yours, MST/hm Ene!.: brief pc: Austin Grogan" Esquire (w!o end.) Hon. J. Wesley Oler, Jr. (w!encL), One Courthouse Square, Carlisle, PA 17013 Petitioner (w!o encL) MAY 2 2 2001