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HomeMy WebLinkAbout08-0264F \FILES\CGents\12890\12890.1 ComplaintI Created: 6/1/06 8:50AM Revised: 1115108 9:13AM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ANJANETTE S. ANKNEY, Plaintiff V. DONALD L. ANKNEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- .2 &V C44?-U -? CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ANJANETTE S. ANKNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- -7Zy:Q ?w-- CIVIL ACTION - LAW DONALD C. ANKNEY, Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Anjanette S. Ankney who currently resides at 422 West Marble Street, Second Floor, Mechnicsburg, Cumberland County, Pennsylvania. 2. Defendant is Donald L. Ankney, who currently resides at 2171 New Holland Pike, Lancaster, Lancaster County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 24`' day of May, 2001, in Carbon County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Service Member's Civil Relief Act. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. When at the appropriate time, Plaintiffwill file an affidavit stating that two years have expired from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301 of the Divorce Code. MARTS OFFICES By ubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Anjanette S. Ankney F: \FILES \CGents\ 12890\ l 2890.1. Complaint l r; crl t --N CIO C C) F:\FILES\Clients\ 1 2890\1 2890. I.Ack0fServ I Created: 9/20/04 0:06PM Revised: 1/15/08 9:15AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ANJANETTE S. ANKNEY, Plaintiff v. DONALD L. ANKNEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2008-? CIVIL ACTION - LAW : IN DIVORCE ACKNOWLEDGMENT OF SERVICE I, DONALD L. ANKNEY, Defendant, hereby acknowledge that I have received a certified copy of the Complaint and accepted service of the same on behalf of the Defendants on the /(,-H" day of January, 2008. ONALD L. ANKNEY C7 f_J°. RECEIVED JAN 18 2008 MARTSON F:\FILES\Clients\12890\ 12890,1.AtR0iConsASA I Created: 9/20/04 0:06PM Revised: 4/17/08 3:02PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ANJANETTE S. ANKNEY, Plaintiff V. DONALD L. ANKNEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 2,?l CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on January 15, 2008. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about January 16, 2008 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities- Date: k?vkz?J&lw AN ANETTE S. ANKN /Plaintiff na 7 c.,r ti3 - r a.? CD, JJ ??y ? .?y4 F: \FILES\CGants\ 12890\1 2890, I ,AfIDfConsMA 1 Created: 9/20/04 0:06PM Revised: 4/17/08 3:03PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ANJANETTE S. ANKNEY, Plaintiff V. DONALD L. ANKNEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- a 10 CIVIL ACTIO - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on January 15, 2008. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about January 16, 2008 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: q1 Z-0lg K 3?n? p?e a DONALD L. ANKNEY/DefendaiW e`:° ?.? Cx,7 '? w: ?? __.. ? '? .. ..r; _?- ? _" ?4 ?'^ ?'?? ? ? .f "?: ? ?? ._ hY , ?? sK F: \F1LES\Cbents\12890\ 12890.1. Fraecipe.divmpd Created: 9/20/04 0:06PM Revised: 4/23/08 10:23AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ANJANETTE S. ANKNEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 2008-264 CIVIL ACTION - LAW DONALD L. ANKNEY, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section (X)3301(c) ()3301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: January 15, 2008 by First Class Mail. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff. April 20, 2008; by Defendant: April 20, 2008. (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301() of the Divorce Code: _2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: April 23, 2008. (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: April 23, 2008. (b) Date Defendant's Waiver of Notice was filed with the Prothonotary: April 23, 2008. Hubert X. Gilroy, Esquire Attorney for Plaintiff Martson Deardorff Willimas Otto Gilroy & Faller Carlisle, PA 17013 717-243-3341 N : ?,ro ,._, ?.? t _:, y? ; spa ?; ?, _?° Y._, .. - --?^ ?+ ?.c3 ...-? ?,-.ti '-c'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ANJANETTE S. ANKNEY, Plaintiff VERSUS Defendant N 0. 2008-264 DECREE IN DIVORCE AND NOW, Aml ZA , , IT IS ORDERED AND DECREED THAT ANJANFTTF C_ ANKNEV PLAINTIFF, AND DONALD L. ANKNEY DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THILCOURT: ATTEST: J. JOG^ PROTHONOTARY --4? '0&?p '?? :,?, / jv -7 -Pr 9.V. / .s ;s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANJANETTE S. ANKNEY, Plaintiff Vs : File No. 2008-264 DONALD L. ANKNEY, Defendant : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated April 29, 2008, hereby elects to resume the prior surname of Appleby, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: June 23, 2008 Anj ette S. Ankney 1141VJ( ) 1110AL Anj ette S. Appleby COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) On the 23rd day of June, 2008, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand d official seal. twOM ONWEALTH OF PENNSYLVANIA Notary Public Notarial Seal Shelly Brooks, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 5, 2009 a r °? - ,Ivr ia Association of Notaries ?v ?11 °Ct 1 r ( s , - ? 5 I K L