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HomeMy WebLinkAbout01-0101DAVID R. RICCIO, Plaintiff DENEEN C. RICCIO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 Reconsider 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. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, JtWesley O1 ,~z~ J." , 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 :rc IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, (TRANSFERRED FROM COURT OF COMMON PLEAS OF CAMERON COUNTY) COMMONWEALTH OF PENNSYLVANIA DAVID R. RICCIO, Plaintiff/Respondent, VS. DENEEN C. RICCIO, Defendant/Petitioner. : Civil Action - Divorce : Docket No. 99-$383 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 of the 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. 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 set by the Court of Common Please of Cameron County. Respectfully submitted, ~a~ S~ Travis Attorney for Petitioner 4076 Market Street, Suite 209 Camp Hill, PA 17011 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 unswom falsification to authorities. Dated: ,~X.,B,'r A iL IN THE COURT OF COMMON PLEAS CAMERON COUNTY, COMMOI~rWEALTH 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.A. §3~3 _"2~r i~ the alternative for a rehearing and reconsideration pursuant to Pa.R.C.P. No. 1522 arid ig ~po~ represents as follows: -< 1. Petitioner, Defendant herein is Deneen C. Riccio, of P.O. Box 584, : Mechanicsburg, Cumberland County , Penna . '" .~ ::= 2. Respondent, Plaintiff in the divorce is David R. Riccio, of 145 Oxforc Mar~; co Apa~hnents, Camp Hill, Cumberland County, Perma. Both parties were at all times relevant hereto residents of Cumberland County, Pennsylvania. 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. Shortly before entry of the decree on September 25, 2000, Wife discovered evidence that a "Separation and Property Settlement Agreement of David R. Riceio and Deneen C. Riccio" was fi:audulently entered into between the parties. Husband did fi'auduiently 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. 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 10. 11. 12. 13. 14. 15. 16. 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. Emotionally distraught over the parties' separation, Wife did sign the agreement in the presence of Husband and Counsel only. At that meeting, Wife did not understand that she was waiving her right to alimony, support, property distribution, or that she was giving control of funds to Husband which she believed to be for their unemancipated children. 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. 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. 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 document was not a tree 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. In the month of September, 2000, Wife realized the fi.aud 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. 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. Wife did not realize that the divorce complaint was filed in Cameron County, some 100 plus miles fi.om 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. In September of 2000, 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 Divome had been entered. 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 f~om 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, penngylvania. 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. ~/:~ehakl S. Travis Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 COI~IO~TH OF PENNSYLVANIA DAVID R. RICCIO, : pl~i,~ : : No. 99-5383 V, Civil Action- Divomo .. DENEEN C. RICCIO, Defeva~t DECREE c~ Court, having rewewed ~hia case, ~ncls that the marriage between Plaim~ff c~ Defendant.is irretrievably brOken. It 2 DECR~.I~.r~ that the Plainti~ David R. Riccio, ~s divorced f~o~ the bonds of matrimony contracted between hlm~elf and the Defenctant Deneen C. Riccio, It is further ordered that the terms of the Settlement Agreement reached on June 7~ 1999, shall be as if all of the terms and conditions conteined 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 modifi~fion of the terms thereof. IT IS FURTHER ORDERED that the Court hereby retain jurisdiction of any other claims ra/sed in this action by the parties for w,kich a final order h~A nOt Yet been entered. certified from the Re~ords of-Cam?ron Co. S~PARATION AND PROPERTY Sk'TrL~ AGI~NT OF DAVID R, RICCIO AND Dk~I]~N C. RICCIO WITNE&qETH: WHI~mF, AS, Husband and W]f~ ~ lawfully mar~d (m August 7~ 1971. and a~ ag~ent which will provide for ~ppor~ dt~lbu~ )heir msrital property, and will provide for their mutual reslX~tlitie~ and right~ ~o,ving out of the rem,'dage relafio,t~hip; and NOW, 'rnli~,EFORE, in cousideratiou of the above recttah aud the following covenants and promi~,~ mutually m,,~. ,n~ Uxm,,"y U) be ~ ~he parties heretofore, iut~ W be legally bound and to lc'~ally bind their heirs s~,c::-~ors sr~ a.s~igns thereby, covenant, promise and agree as follows: 1. SI~lPARATION: - It shall be hwful for ~ pm'ty at all ~ hereat~r t~ live ~*param and apart from the other at such place or placa~ ~ he or she m~y from time m ~ ehoo~ or deem fit ~,eJ~ party shall be free from inte~, authority and contact by the other as fully as if he or she were single and ,mmsrrled, except as tomy b~ n~c~mtry to can'y out the provisions of ml, Agreement. Neither party *h,l! mole~ the other nor sti~-mpt to endeavor to moles~ the other, nor compel the other w peaceful exis~tmce, separate ~d ~ from the other in all respec~ ~s tf he or she were sillgle and 3. W1qrE'S D~ITS: Wftu represents and wiu~,m to Husband that s/ncc their separation ou or about May 27, 1999, she has not, .nd in the future she will luot, c~ui~gt or incur any debt or liability for which Husband or his estate might b~ responsible ~ ~ t~.~...:~] and save Husband harmless f~om any and all clsirn~ and demands made a~u.s~ him by reasom of debts or obLigations hlalned by her. 4. HUSBAND'S DEWI'S: Husband represents and warmn~ w WEe that since their separation on or abouI May 27, 1999, he has not, and in the future he w~ not, conu,act or incur any debt or liability fur which Wife or her estate might be responsible and shall indernnif'y aod save WEe h,llii~es$ from any and all chims and demands made against her by reasons of debts or obligations incurred by him. OUTSTANDING JOINT DEBTS: Husband and Wife ague that they have no outst~dlng debts and obligations of the Husband and Wife recurred prior to the .,6?in.v of this Agreement that are not otherwbe sp,~__'fically addressed by provision of this Agreement. In the event that either tmrty contnicted or incurred any debts since the date of separation on or about May 27, 1999, the party who incurred said debt shall be re.v[~nsible for the payment thereof regatdl~ of the name in which the account may have been charged. 6. MUTUAL Subject to the provisions of ~ Agreement, each party waives bis or her right to alimony and any further dism'bufien of property in*_,en~,ch as the parties hereto agree that this Ag _r,?,v,~t provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each pa_~ty has released and disc. ha~ed, ~ by this Agreement do~ for himself or herself, and his or her heirs, legal representatives, executors, admini.,~rators ~:t a&~igns, release and discharge the other of and from all causes of action, claims, rights or dema-4s whatsoever in law or equity, which either of the parties ever had or now bas against the other, except any or fll cause or e.m~es of ~ion for divorce ~ except in any or all causes of action for breach of any provisious of this Agrecm~nt. g-*eh party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. EQUITABLE DI,WflelBUTION OF MARITAl, PROPERTY: The parties have atlempted to distribute their marital property in a rn~nner ~ conforms to the criteria set forth in Section 401 of the P~msylvuniu Divorce Code, and talcing into mccount the following considerations: the length of the marriage; the age, health , station, amount and sources of income. vocational skills, =mtaloyabilky, ~m_~. liabilities and needs of each of the pa_tales; the contribution of each p~-ty to the education, tr*~i~g or increased earning power of the other party; the opporumity of each party for future acquisitions of capital assets and income; the sources of income of both parties' including but not limited to medical, retirement, insunmce or other benefits; the conm'bution or dissipation of each party in the acquiskion, preservation, depreciation or appreciation of the marital prol~, including the contribution of ,'~¢h spouse as a hom~V,~r; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the 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 cor~stirute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property ~ ~ Agr~--m~ ~ be in full ~tisSct~ of all markai right~ of the parties. A. DL'q'RIBUTION OF Pr, g,~ONAI, PROPEKTY mum. Hy agree that each par~ .~h~ from ~ ~ file date hereof be the sole and separate owner of all such tangfole personal property pre~-,miy in his or her possession. From and afar the a.~- of [he si~ of ~ Agreemem, both pa_riles shall have complete freedom of disposition u ~ htr/her ~:)ara,~e prol~*,rty and ~ ~ ~ is in their possession or control pun~,.m to ~lh Agreement ~'q Imy mortgage, ~ell, grant, com, ey, or otherwise encumber or dispose of such propel~y, whether real of per~oflal, whether ~uch propelW w~ ~luired before, during or after the rrmrfiage. ~ neither Husband Ilor Wlfe l~:~d join ~ consent to, or acknowledge any deed, mortgage, or other im~aunmn of the other pemtn~ m ~ diapoaifion of property. 8. MOTOR The parties hereby agree to th~ distribution of the motor vehicles as follows: The 1990 Lincoln T~ shall become the sole and exclusive property of Wife The 1993 Ford Van ~&*I! be(~ the aole and exclush, e piuperty of Husband Both parties waive the fight to collect spousal support, alimony, alimony pendenn: lite, costs and expenses and ai/omey's fee~ or any other form of supporL 3 10. y~:NSION PI.AN: a~y other mn~'ble or k~a/lg~ie ~ where~'ver located ami accu~!.t~ dur/ng the marriage 11. COUNs~:L I~-~:<q AND ):".XPIgN~'.R: Husband and Wife Aclmowledge and agn~e that the provisions of ~ Agrr~-ment providing for the equitable distribution of ~ property of the parties are f~r, adequat~ and satisfactory to them. Both parties agree to _*_~_~t the piovi~'om ~et forth in ~ Agreement in lieu of and in full and final settJement and sa~faction of all claims and demand~ that either may now or he./v, afler have against the other for slimo~y petrie, nrc lira, co.,l~el fee~ or exp~ll~ Or ~ny other provisions for their support and maintenance before, duri~ ~md after the o.,~m,~*ncement of .ny pwc__-egings for divorce or annulment between the part . 12. WAI"Vi~':RR OF CI.A~E AGAINST F. gTA'rg.g: Except as her~in otherw~e p~o¢ided, each pm'P/may dispose of his or her property in any way, and e~c.h party hereby waives and r~linquishes any and all fights he or she may now have or hereafter ac. quire, under the pt~g. nt or futa~ laws of any jurisdiction, to share in the property or estate of the other as a r~ult of the marital r~lafiOr~-.h'.m, including without limitation, dover, curtesy, statutory allowance, widow's allowance, inte~am sha~, right to ~ a/*in~ the will of the other, and right t~ act a~ admini~"a~or or executor of the others es~m. F. ach will, at the request of the other, execute, acknowledge and deliver any and all instmm~ts whi~ may be necessary or advisable w carry into effect ~ mutual waiver and relinq~fishme~t of all such interests, fights and claims. 13. SUBSEQ~ DIVORCE.; Husband inroads to file a no-fault comphint in divorce ag~ir~t Wife. Husband and Wife each agree u~ jurisdiction of the Court of C.~,m-'m Pleas of Cameron Co~mty and further agree to sign an affidavit of consent to be filed in said divu~c~ action. In the event such divorce action is concluded, the ps_,-des shall be bo~d by all the terms of this Agrt~aent which may be incorporat~l by reference /nto the Divorce survive the ~rn~ and be furflz~ binding and conclusive upon the pa.r'des. It is the intention of ~¢ parties that the Agreen~-~t ~,.h~l! sur,~ive any action for divorce which may be/ns-tituted and prosecuted by either party and no order, judgtmm or O__~e of divo~e, emporary, fiaal or permanent ~h~ affect or modfy th~ financial t~ms of this ~ ~ Agree~e~ may be incorporated in but ~h~l! not merge into any such judgmem or decree of ~m~! divowe, but shall be incorporated for the purposes of enforcement only. 14. BRRACH AND ENI~R~: ff either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for darrmgea for such breach, or seek other such ~es or relief as may be 4 him or her, and the party breac3ing thia Agreetmmt ahould be reapotm'ble for payment of lega~ feea aad co~ hxamed by lfie other in eaffo~.iu$ his or her righta trader this Agreemem. A. Il b ~ ~a~d and agr~d by and betweea the partiea hereaa that this Ag~emem may be ~vedficaIIy ~ by eRher Husband or Wlf~ tn Equity, _~ma en¢ paniea herew agree Ihat if ~ action to enforce this Agr~en~n ia brought in Equity by ~ pan'y, ~¢ other party will ~..v. no objection on the alleged rgc-m,~ of ~'~ of jurisdiction of ~1 Caurt on the ground that there is an adequate remedy at law. ~he parfiea ~ not intend or purport hereby w improperly confer jurisdiction on a Court in Equ~ by ~th Agre~ue~ but ~y agr~ as provided he. in for the forum of Equity ia mutual recogEn/on of the proem m of the law, aud in mcogahion of the general juri~ction of Coam /n B. Notw/ths~ndh~g anything W the contrary herein, Husband and Wife may also proceed with an action at law for redre~ of hia or her righ~a trader the l~xma of thta Agreen:za~ and in such ~veat it /s specifically ~m~,t,~/ and agreed that for ~,~ in ~ecifi¢ consideratioa of th~ other provi~iom and coven,,ma of this Agreeme~ each ~,n waive any right to a .hay trial so as to expedite the hearing and disposition of ~ch ease aad $o as to avoid delay. C. p~-h party further ~ agn:ea to pay and to save .r~ hold hamaleaa the other party from any and all aRomey'a f~ea and costa of lkigation that eilhet may mstain, or incur or become liable for, inany way whatsoever, or ahall pay ~ or in cox~equeace of any default or breach by the other of any of the t~cms or proviaiona of this a~ by reason of which either party ahall be obliged ~o retain or engage counsel t~ tnitia~ or maintain or defend proceedings ag~ flae othe~ at law o~ equ~ or both ha any way whatsoever; p~ovided ~*t Ihe party aeeka to reeovex meh a~,~aey's f~, and corn of litigafioa mus~ first be successful in whole or ha pa~ bef~ the~ would be any liability for alzomey's fees and cos~ of lifigaaan. It is the specific agreement and inmm of ~he parties ~hat a breaching or wrongdoing party sha~ bear ihe I~trden and obligafio~ of a~ly azld all co~s a~d expez~ and counsel fees incun~ by hlrr~elf or herself as well as the other p~rty in ezxiea-~u~iug to protect or enforce his or her fights under this Agreement 15. ADDITIONAl, IN,~rRUM'ENTS; Each of the parttea ~.I~ ~t~ ~ to thz~, at the z'~que~t of the othcr, execute, acknowledge and deliver to the other party ~ sad all further insWamems that may be reasonably required to give full force and effec~ to the provisions of this Agreemem. 16. VOLUNTARY ~xr. CUTION: The ~,,u,isions of ~fls Aga~'ment .nH their legal effect have been completely reviewed by the parties, and each party aclmowledgea that the Agreement la fair and equitable, that it is being catered into voluntarily, with full knowledge of the as~e~ of both parti~, and ea~ it is not the result of any duress or uadue influe.~ce. The parties aelmowledge that they have been furnished with all information relating to the fimneial affairs of the other which has beea rvqueated by each of them. 5 17. ~ AGRK~c~I]~T: Tim Agr~ment co,.,mh.~ the entir~ und~i~rlln..v of the parties ~ ~,~,~,~~~e~~. H~d Wif~ ~1~ ~ J~ ~ ~ pw~ of ~ A~ ~ ~ of ~ ~ ~ ~ ~ ~, ~ble ~ ~ m ~ h~ ~ ~ p~ of ~ A~t ~ ~ ~ ~e ~ of ~ ~ ~ ~t ~ ~ of ~ ~ ~ d~ ~t ~ ~y now ~ve or he~r ~ve ~ ~ ~ ~ ~le ~fl~ of ~e~ p~ ~ ~y ~ of ~t ~icfion ~p~, ~~~~~ ~k ~ ~ ~ ~ ~ ~ ~ ~ of ~ ~ p~ of ~ A~t. 18. DI~CI,OSURE: Husband and Wif~ each represem and warrant to the other that he or she has made a full and comple~ diw. lo~ar~ to the cahet parry of all ~$eta of any nature whatsoever in which s~ch party has an interest, the suurces and amotmt of the income of such prow or every type whatsoever and of all other facts r~lating to the subjec~ m~t~r of thi$ Agreement. 19. MODifICATION AND WAWI~R: A modification ~ waiwr of ~ny of the provisions of this Agreement shall be effective only if made i~ wxit~g ~ execul~l with Ihe ~ formality ~s this Agreement. The ~ of either party to insist upon atrict performance of ~ of the provial'om of this Agreement ~hall not be coDsI1Med a~ a wa/ver of any subsequent defmflt of the ,~rn~. or similar naRlI't:. 20. PRIOR It ia und~s~iood ~d lgreed fflat any ~ all property aettlement agl'een~rm~ which may or have been executed prior to the dal~ and time of this Agx~mmat are null and void and of no effect. 21. DESCRIPTIVE F~.ADING~: whatsoever in determining the right~ or obligatiom of the parties. They r. hs)l have no effect 22. [NDIi~:N~FDla~r'r SEPARATE COVENAIN'TS: It is specifically und~,~od and agr~d by and between the parties hereto that each paragraph 23. )t~l', .T{2ART.~ This Ag~ ~ be cOllstl'ued ~ file ~ of th~ Cou~u~Otlwealth of P~lnsylw, ni,. 24. VOID If auy turms, coudiu'om, ,'},,,,~' or provisiou of ti:tis Agr~ r, hall be determined or declared to be void o~ ixxvalkl ha law or ofimerwi~, theu curly tl~t t~ ccumdition, clause or provisiou shall be su'icken f~om tiffs A~ut and in all other respects ~ A~t ~ be valid and continue iu ful{ force. 25. AGI~.F,M'ENT BINDING ON This Agreement shall be 'bimtkg and {hall iuure to the benefit of the parties hereto and t.heir respective heirs, execulor~, *dmh~i~o'al~)rS, mu~rm m~d assigns. the partie~ hereto have set their hsmd aud ~ the day and yea~ fu'st above 7 IN ~ COURT OF COMMON lq.~.~ CAMERON COUNTY, COMMONWEALTH OF PE.N~SYLVANIA DAVH) R. RICCIO, : P~, : : V. : DENEEN C. RICCIO, : DEFENDANT, : Civil Aciton--Divorce Docket No. NOTICE, TO DI~,I~END AND CLAIM OF RIGH'FS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clsim~ set forth in the following pages, you must take prompt action. You arc warned that if you fail to do so, thc case ma..y proceed without you and a decree of divome or snn, lment may bc entered against you by the Court. A judgment may also be entered agzln.~t you for any other clslm or r~licf r~:IUested in these papers by the Plaintiff. You may lose money or l~,,~t,erty or other fights i .ml'~t 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 ANNIRAVIENT IS GRANTED YOU MAY LOSE ~ RIGHT TO ~ ANY OF THRM. YOU SHOUI.n TAKE Tnlg PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 'FO OR TELEPHONE ~ OFFICE SET FORTH BELOW TO FIND OUT WI:I~.RE YOU CAN GET LEGAL HELP. OFFICE OF ~ PROTHONOTARY E~t ~th Street Emporim, Pennsylvanls lS834 Telephone: (814) 48~.3349 COURT OF COMMON PI.~'-4S OF ~RON COUNTY, COMMONWEALTH OF PF_2~SYLVA_NIA : DAVID R. RICClO, PLAINTIFF, DENEEN C. RICCIO, DEFENDANT Civil Action--Divorce Docket No. AVl'SO PARA DEFENDER Y RECI,AMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si d~sea defenderse de las qu~jas expuestas en las pa~n~L~ siguieates, debe tomato acoion con prontitud. Se lc avisa que si no se defiende, el caso puedc proceder sin usted y decreto de divorcio o anulaminento puedc set emitido en su contra pot la Corle. Una decision puede t~mbien ser emilJda cn su contra pot cu&lquier otra queja o compensation reelamados pot el demandante. Usted puede perder dinero, o pvopit24~-d_es u otro$ derecho$ importantes para ustexi. Cuaado la base para el divorcio es indignid,des o rompimiento irreparable del matrimonio, usted puede ~olicitm' consejo matrimonial. Una lisla de consejeros matrimoniales e~ta dizponible en la offi¢ina del Prothonotarst, en la Cameron County Court of Cornmoll Pleas, East 5th Stx~et, F, mporium; Penn.,nylvania 15834. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GA~.TOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAM~NTO SEA ElVlTI'IDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUI~RA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INM~DIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAM~ A LOFFICINAINDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. Office of the Prothonotary East 5th Street, Emporium, Pennsylvania 15834 Phone:(S14) 486-3349 IN ~ COURT OF COMMON pLK&S CAMERON COUNTY~ COMMONWEALTH OF PENNSYLVANIA AVAH,ABII.1TY OF COUNSELING ~ DIVORCE CODE OF PILN'NSYLVANIA REQUIRES THAT YOU BE NOTL~'I~0 OF ~ AVAILABHJlTY OF COUNSELING 'WI:I.~RE A DIVORCE IS SOUGHT UNDER ANY OF TH~ FOLLOWING GROUNDS: 23 PmC.S. & 3301(a)(6) Indignities 23 Pa.C.S. & 3301(c) Irreirirvable Breakdown; Mul~al Consent 23 Pa.C.S. & 3301(d) Irretrievable Breakdown; Two year separation where the court det~'-,inez that there is a reasonable prospect of reconciliation. A list of marriage counselor~ is available in the Office oft. he Prothonotary Cameron County Courthouse, Esst 5th Street, Emporium, Pennsylvania 15834. Telephone: (814)-486-3349. a 17055 (717) 7900490 nv 'r,:m corm' co vn oK : -'.s L-'ouz, rr,,', DAVID R. RICCXO, P~ VS. DENEEN C.. RICCIO, DEFENDANT Civil Action~Dlvorce Case Number CO1M'PI.AINT UNDER SE~..-rlON 3301((~) OR 33010)) OF 'l'- ~. DIVORCE CODE PART~.S 1. Plaintiff'is David R. Riccio, an adult individ-s!; SUi ju:ris all WhO c~tly resides at 571 Brighton Place Mechsmlcsburg, 17055 in the County of Cumberland, Commollwealth of Pennsylvania. 2. Defendant, is Deneen C. Riccio. an adult ~.diVidl~.l~ ~ juris, who currently re~ides at 4 Gunpowder Road, Mechsm;csburlL PA. 17055 in the County of Cumberland Commonwealth of perm~ylvania. a"URISDIt.'I'ION & VENUE 3. Plaintiff has be~n a resident of the Commonwealth of Penn~lvania for a period of more than 6 months. 4. The parties were mstrried on the 7* day of August, of 1971, in the County of Cumberhmd, Commonwealth of Pc'm~sylvania 5. Neither the Plaintiff'nor the Defendant is in the military or naval service of the United States or its allie~ within the pwvisions 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 Corem onwK~tlth. GROUNDS FOR DIVORt~lr. RF_~UEST FOR A NO-FAULT DIVORCE UNDIIIR SRCI'ION 3301 (d) OF TI:Iv. DIVORCE COI)F. 7. For the purposes of section 3301 (d) ofthe Dive,ce Code, the panics have been living sepcratc s~nec 27~ day of, May 1999. 8. The m~riage is irretrievably broken. 9. Plaiatiffhas been advid that cotmsel~g is available and that the plaintiff may have thc ~ght to rc~lUest mat thc com't r~xlui~ the pax'des to pm'ticipate in counseling. WI~R~ plaiati'~ r~quests t~nt thc Honorable Cou~t 8xant a decree of divorcc pursuant to, and ia conformity w~th 3301 (d) of the Divorce Code. 11. Thc parties do have biological child~n bom w~thin the ma.,xiagc that have rcaeh~ the age of majo~ty. 12. The pax'des have entered into a written agrccmcnt as to support, Alimony, and pl'opc~ divisioll which ~hnll be i~orporated iato thc Divorce Decree. GROUNDS FOR DIVORCI~. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF DIVORCE CODE. 13. T'nc p~or paragt-aphs WHK~REFORE, provided the parties gale affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the flli,~S and sex. ce of this Complaint, plaintiff respectfutly requests the Court to enter a decree of divorce pursuant to section 3301(c) ofthe Divorce Code. H.~ .~-t-t- & OESTERLING A~'TORNEYS AT LAW //22 South Market_Street . Mechanl~burg, Pennsylvania 17055 (717) 790--0490 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint m'~ true and correct I understand that false statements herein are made subject to the penall~es ofl$ Pa C.S. & 4904, relating to urn-worn falsification to authorities. Plaintiff September 27, 2000 Office of the Prothonotary Cameron County Courthouse East 5* Street Emporim, PA 15834 Re: David R. Riccio v. Deneen C. Riccio, No.: Unknown, In Divorce To the Prothonotary: qq~5-~~ Enclosed for filing please find my entry of appearance and praecipe to withdraw affidavit of consent to divorce in this case. Please return a filed copy of each in the envelope enclosed for your convenience. Ms. Riccio was coemed into filing a document which is believed to be an affidavit of consent and waiver of notice to the entry of a 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. ~ MS~Idt i:~ Enc.~ pc: Very truly yours, ~ravis Attorney for Defendant Gregory S. HazieR, Esquire, 22 S. Market Street, Mechanicsburg, PA 17055 defendant DAVID R. I:~[CC'IO, Plaintiff, DENEEIV C. RICCIO, Defendant. Civil Action - Divorce Docket No.: PRAECI~E TO WITHDRAW AFFIDAVIT OF CONSENT TO DIVORCE To the Prothonotary:. Plca~c withdraw the A f~davit of Cons~t to divorc~ of Dcnccn C. Riccio. Attorney for Defevd~nt ID No. 77399 4076 Market Sma't, Suite 209 Camp Hill. PA 17011 Date: DAVID R. RICCIO, Plaintiff, VS. DENEEN C. RICCIO, Defendant. COMMON~fKALTH OF PENNSYLVANIA : Civil Action - Divorce : Docket No. 99-$383 : : : : : VERIFICATION I verify that the statements made in this Petition are txue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. DATED: I~-0~"' ~ IN 'i~ ~: COURT OF COMMON pLEAS CAMERON COUNTY, COMMONV~EALTH OF PENNSYLVANIA DAVID 1~ RICCIO Plaintiff, VS. DENEEN C. RICCIO, Defendnnt. : Civil Action - Divorce : Docket No. 99-5383 .. : _. : 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, edd:essed as..: follows: Dated: Gregory S. Hazleth Esquire 22 S. Market Street Mechanicsburg, PA 17055 4076 Market Slreet, Suite 209 Camp Hill, PA 17011 (717)731-9502 Fax 731-9511 Attorney for Petitioner/Wife COMMONWEALTH 01~ PENNSYLVANIA DAVID R. RICCIO, : Plaintiff, : Civil Action - Divorce : Docket No. 99-5383 : VS. ~ : DENEEN C. RICCIO, : Defendant. : ORDER ANDNOW, this /~,c_ dayof /~x._ ~'~3" , upon consideration of defendant's petition to reopen and strike the divorce decree or in the altemative~ 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. ~a rehearing and reconsideration are granted on the fitml decree in this matter dated September 25, 2000. Hearing to be held in Room/K~/~/~/t~ft~County Courthouse at ~: ~ .m. on ~- Iq, ~ t~O (date). All other proceedings are stayed pending the decision of this Court upon rehearing and reconsideration. By th~Court: Exhibit B EXHIBIT DAVID R. RICCIO, Plaintiff DENEEN C. RICCIO, Defendant : IN THE COURT OF COMMON PLEAS : CAMERON COUNTY, PENNSYLVANIA : NO. 99-5383 : : CIVIL ACTION : IN DIVORCE PETITION TO TRANSFER PENDING ACTION TO CUMBERLAND COUNTY AND NOgY, 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: 1. 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 Marriage 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 and incorporated the Marriage Settlement Agreement; 6. Subsequently, the Defendant, Deneen Riccio, petitioned this Court 3n~r a~ut :-~ "!~? November 8, 2000 to set aside and/or open the Divorce Decree; ~>~ ~ 7. The parties currently have a Hearing scheduled before this Honorab e ~ourt on December 19, 2000 at 2:00PM; ~ ~ '.iJ:': .,-' 8. The parties are required to submit briefs filed no later than seven days precee ~d~g the Hearing; Exhibit C 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 final 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. 4076 Market Street, Suite 209 Camp Hill, Pennsylvania 17011 (717)731-9502 Attorney for Defendant Respectfully submitted 24 North 32nd Street ( Camp Hill, Pennsylvania (717) 737-1956 Attorney for Plaintiff DAVID R. RICCIO, Plaintiff DENEEN C. RICCIO, Defendant IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA NO. 99-5383 CIVIL ACTION IN DIVORCE ORDER AND NOW, this _L_2,-f-day of/~, 20OD, upon tbe partie, s' Stipulation the Cameron County Prothonotsry is hereby ORDERED and DIRECTED to transfcr the pending action to the Cumberland County Court of Common Pleas. .......... p.j-. .... and Correct Copy c(,,,d,,:~d from the f~ecords of Carneron Co. honorary ~ Exhibit D ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 January 4, 2001 Office of Prothonotary ATTN: Irene Ctunberland 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 $180.50 for the filing fee in the Riccio divorce. have any questions, please contact me at your convenience. Sincerely, Austin F. Grogan, E~. AFG/rr Enclosure Cc: David Riccio Michael Travis, Esq. If you Exhibit E Iv~iCHAEL .~. TRAVI$ ATTORNEY AT /AW 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. According 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. Attorney for Petitioner MST/hm Encl.: brief pc: Austin Grogan, Esquire (w/o encl.) Hon. J. Wesley Oler, Jr. (w/encl.), One Courthouse Square, Carlisle, PA 17013 Petitioner (w/o encl.) JVIICI-IAEL ~), T~AVIS ATTORNEY AT LAW 4076 MARKET STREET, SUITE ~O9 CAMP HILL, [mA 17041 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. According 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 concems. Very,~ yours, ~ravis Attorney for Petitioner MST/hm Encl.: brief pc: Austin Grogan, Esquire (w/o encl.) Hon. J. Wesley Oler, Jr. (w/encl.), One Courthouse Square, Carlisle, PA 17013 Petitioner (w/o encl.) MAY 2 2 2001 DAVID R. RICCIO, Plaintiff DENEEN C. RICCIO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-101 CIVIL TERM DAVID R. RICCIO, Plaintiff DENEEN C. RICCIO, Defendant IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE 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 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 esley Ole~r~, . irc DAVID R. RICCIO, Plaintiff DENEEN C. RICCIO, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-101 CIVIL TERM DAVID R. RICCIO, Plaintiff DENEEN C. RICCIO, Defendant IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE 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 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'a Street Camp Hill, PA 17011 Attorney for Plaintiff Michael S. Travis, Esq. Suite 209 4076 Market Street Camp Hill, PA 17011 Attorney for Defendant esley Ole J~3~, J. ' .'rc Curtis R. Long Prothonotary Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor IN THE COURT OF CC~MON PLEAS OF Cumberland County, Pennsylvania CIVIL ACTION - LAW NO. 01-101 CIVIL TERM CAMERON CCONTY COURT OF CC~4ON PLEAS Please acknowledge receipt of this case by signing and dating this document. Record Received:?/Z.l'3 ~/' Date: ~-c~'~/ (Signature & Title) One Courthouse Square · Carlisle, Pennsylvania 17013 · (717) 240-6195 · Fax (717) 240-6573 Curtis R. Long Prothonotary · umherlan rfaunt , Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor DAVID R. RICCIO Plaintiff DEB~EN C. RICCIO Defendant IN THE COURT OF CC~IqON PLEAS OF C~nberland County, Pennsylvania CIVIL ACTION - LAW NO. 01-101 CIVIL TE~M CAb~RON COUNTY COURT OF OZMI~ON PLEAS Please acknowledge receipt of this case by signin§ and dating this doc~nent. Record Received: Date: (Signature & Title) One Courthouse Square · Carlisle, Pennsylvania 17013 · (717) 240-6195 · Fax (717) 240-6573 RECEIPT FOR PAYMENT Cumberlan~ Cgunt~ Prothonotary's Office Carlisle, wa 17013 Receipt Date Receipt Time Receipt No. 6/13/2001 10:16:06 112880 Case Number 2001-99999 RICCIO (VS) RICCIO Received of PD MICHAEL S TRAVIS BH Total Check... + 10.87 Total Cash .... + .00 Change ........ - .00 Receipt total. = 10.87 Check No. 1280 Transaction Description COPIES Distribution Of Payment ........................ Payment Amount 10.87 CUMBERLAND CO GENERAL FUND 10.87 OFFICE OF PROTHONOTARY COURT HOUSE ;r. s. TRAVZ$, ESQ SUZTE 209__4.976 _M6..RKET STR~t' {ILL PAIT011 ~ ~ t~ffi~'~f q3~Eet~la ~ ~ ...... To The County of 'CUmberland CARLISLe. PA. June 7, 2001 :k3vld R. Rzccxo Plazntzff Court of Ccm~mon Pleas Cumberland ounty i, 1' /-- %IS Civil N~nber 01-10] ------/~'P--- n ~. ~icci~ ........................... J' - - / cop~s 30 @ ,.so a ~e ....... 2-~--- - TOTAL A'.~DONT DL~ ........ MAKE CHECK PAYASL.~ TO PROTHONOTARY. COMMON PLEAS COURT $2 23 '$21.73 · ~ urtis R. Long Prothonolary Renec K. Simpson John E. Slikc .S~licitor TO: ~:umberlan~ ~ountp Date du~,~- ~ gor31 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. · Otherreasons ~9~.,- nrdcr o~- d_~,~-~L co~[~ a~ 'lc, ~ 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 PRO~HONQTARY, Deputy Prothonotary One Courthouse Square · Carlisle, Pennsylvania 17013 · (717)240-6195 · Fax (717)240-6573 OFFICE OF PROTHONOTARY COURT HOUSE PAMP HTTiL PA 17011 Atto~ne_gy~. for Plaintiff_ ~1 I~1R '1 MTC~AW, L S. TRAVIS, ESQ SUITE 209 4076 MARKET S ~ ,o The County of Cumberland June 7, 2001 David R. Riccio ............... ~ Plaintifi ............. Court of Ccm~non Pleas c~nberland ~ounty VS Civil N~nber 01-101 [ Deneen C. Riccio Defendant- FEES TO TRANSFER TO CAMERON COUNTY COURT OF C(]~ON PLE COPIES 39 @ $.50 a page ......... POSTAGE $2.23 $21,73 RECEIPT FOR PAYMENT Cumberlan~ C~unt~ Prothonotary's Office Cariis±e, Fa 17013 Receipt Date Receipt Time Receipt No. 6/22/2001 13:20:27 113274 Case Number 2001-99999 PD COPIES (VS) Received of BH Total Check... + Total Cash .... + Change ........ - Receipt total. = PD LAW OFFICES OF AUSTIN GROGA 10.87 .00 .00 Check No. 2629 10.87 ........................ Distribution Of Payment ........................ Transaction Description Payment Amount COPIES 10.87 CUMBERLAiqD CO GENERAL FUND 10.87