HomeMy WebLinkAbout05-5081TAMMY SUE ANKABRANDT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
2005-5031 CIVIL TERM
DAVID K. ANKABRANDT,
Defendant IN DIVORCE
NOTICE
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 in divorce or annulment may be entered against you by the
court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
TAMMY SUE ANKABRANDT,
Plaintiff
V.
DAVID K. ANKABRANDT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005-0te' bVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO
SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE
NOW comes the Plaintiff, Tammy Sue Ankabrandt, by her attorney, Marcus A. McKnight, I
III, Esquire, and files this Complaint in Divorce against the Defendant, David K. Ankabrandt,
representing as follows:
1. The Plaintiff is Tammy Sue Ankabrandt, an adult individual residing at 1050 Oakville,
Newville, Cumberland County, Pennsylvania 17241.
2. The Defendant is David K. Ankabrandt, an adult individual residing at 1050 Oakville
Road, Newville, Cumberland County, Pennsylvania 17013.
3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six
months prior to the filing of this action in divorce.
4. The Plaintiff and the Defendant were married on September 25, 1982.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon
which this action is based that the marriage between the parties is irretrievably broken.
7. The Plaintiff avers that she has been advised of the availability of counseling and that
said party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the
two parties.
Respectfully submitted,
IRWIN & McKNI
?r L
By:
Marcu A. Mg6ight,-Hli
Attorn6y fo Plaintiff
West Pomfre Professional uilding
60 West Pomfret ree
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 25476
Date: September 27, 2005
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
Date: (?
TAMMY SUE ANKABRANDT,
Plaintiff
V.
DAVID K. ANKABRANDT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005- CIVIL TERM
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: 9-P'T-0s
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TAMMY SUE ANKABRANDT,
Plaintiff
V.
DAVID K. ANKABRANDT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005 - 5081 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1)
COMMONWEALTH OF PENNSYLVANIA .
. SS:
COUNTY OF CUMBERLAND
NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That a certified copy of the Complaint in Divorce was served upon the defendant,
David K. Ankabrandt, on September 28, 2005, by certified, restricted delivery mail, addressed to
him at 1050 Oakville Road, Newville, Pennsylvania 17241, with Return Receipt Number 7003
3110 0004 5770 6275.
3. That the said receipt for certified mail is signed and attached hereto and made a part
hereof.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties o Pa. C. S. ection 4404, relating to
unsworn falsification to authorities. ^
MA US A. M)c T, III, ESQUIRE
Attorney for Plaintiff
Date: October 5, 2005
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TAMMY SUE ANKABRANDT,
Plaintiff/Petitioner
V.
DAVID K. ANKABRANDT,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005-5081 CIVIL TERM
IN DIVORCE
PETITION FOR ECONOMIC RELIEF
AND NOW, this 20th day of January 2006, comes the Petitioner, Tammy Sue
Ankabrandt, by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for
Economic Relief against the Respondent, David K. Ankabrandt, as follows:
1.
The Petitioner is Tammy Sue Ankabrandt who is the Plaintiff in a divorce action filed at
in Cumberland County, Pennsylvania. Her address is c/o Donald W. Heishman, 398 Centerville
Road, Newville, Cumberland County, Pennsylvania 17241.
2.
The Respondent is David K. Ankabrandt. who is the Defendant this divorce action. His
address is 1050 Oakville Road, Newville, Cumberland County, Pennsylvania 17241.
3.
The petitioner seeks the following relief from the Court:
a. Equitable distribution of the marital assets;
b. Alimony pendente lite;
C. Alimony;
d. Costs and expenses; and
e. Counsel fees.
WHEREFORE, the Petitioner, Tammy Sue Ankabrandt, requests the relief set forth
above.
Respectfully submitted,
IRWIN & McKNIGHT
By:
MarcufA. Mc ig , III, Esq.
60 West Pomfret treet
Carlisle, PA 17013
717-249-2353
Supreme Court I.D. No: 25476
Attorney for the Plaintiff/Petitioner,
Tammy Sue Ankabrandt
Date: January 20, 2006
w
VERIFICATION
The foregoing Petition is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
Date: January 20, 2006
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TAMMY SUE ANKABRANDT,
Plaintiff/Petitioner
V.
DAVID K. ANKABRANDT,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2005-5081 CIVIL TERM
IN DIVORCE
STATEMENT OF INTENTION TO PROCEED
TO THE COURT:
Plaintiff intends to proceed with the above-captioned matter.
By:
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
Marcus4A. Meybiq II, Esquire
Supreme Court fL o: 25476
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Date: October 27, 2009
RLED-OrriCE
OF THE PP04PNOTARY
2009 OCT 27 PM 2,- 48
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T attuny Sue Ankabrandt
Plaintiff
vs
David K. Ankabrandt
Defendant
Case No. 2005 - 50~~1
Statement of Intention to Proceed
To the Court:
The_ Plaintiff _ intends to proceed~ithl:he
Print Name Marcos A. McKnight, III Sign
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Cate: October 26, 2012 Attorney for the Plaintiff _ __
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Ciivil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the rewmmendation merit
comment.
1. Rule of civil Procedure
New Rule of CiviY Procedure 230.2 has been promulgated to gowem the termination of inactive cases within the
scope of the Pennsyivania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice', preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa 360.710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing :Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accotttmodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rune continues to be applicable.
11 Inactive Cases
Tlie purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court.. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
]f the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter gut order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
[f the action is terminated when a party believes that it should not have been terminated, that parry may proceed
under Ru1e230(d) for relief from the order of termination. An example of such an occturence might be the. termination
of a viable action when the aggrieved party did not receive the notice. of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2)i provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry o1' the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2)..
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved pansy may pursue the; remedy of a
common law non pros which exits independently of termination under Rule 230.2.
BAYLEY & MANGAN
Mark F. Bayley, Esquire
Attorney I.D. #: 87663
17 West South Street
Carlisle, PA 17013
(717) 241-2446
TAMMY SUE ANKABRANDT,
vs.
PIED -OF i 1C
PROTHONO A `.
2014 OCT 30 PM 3: 0 !
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
DAVID K. ANKABRANDT,
Defendant
: CIVIL ACTION - LAW
: NO. 2005-5081 CIVIL TERM
: IN DIVORCE
PLAINTIFF'S PETITION FOR SPECIAL RELIEF
AND NOW, comes Carol Donnelly by and through her attorney, Mark F. Bayley, and in
support of the within petition avers as follows:
1. No judge has previously been assigned to the within matter.
2. The Petitioner is Tammy Ankabrandt (hereafter "Wife") who is currently residing at 1050
Oakville Road, Newville, Pennsylvania, 17241.
3. The Respondent is David Ankabrand (hereafter "Husband") who resides at the same
residence.
4. The parties were married on September 25, 1982.
5. Wife filed her divorce complaint in 2005 although the parties currently reside in the same
residence with their 15 year old son.
6. Wife' subsequently made claims for equitable distribution and APL; there is not currently a
domestic relations order in place.
7. The parties do not get along and are legally separated.
8. Wife is 53 years old; she is employed at Ahold and earns approximately $15 per hour.
9. Husband is 54 years old and is employed at USA Spares and earns in excess of $20 per hour.
10. Wife has significant healthcare issues and cannot afford to pay for her usual medical costs
without insurance coverage.
11. Wife does not currently have access to group insurance coverage through her employer.
12. Wife likely cannot obtain private insurance coverage without extraordinary cost in relation to
her income.
13. Husband maintains a family health insurance plan through his employment, at a reasonable
cost, that has covered Wife to date.
14. Husband is now threatening to remove Wife from the family insurance plan.
15. Wife believes that enrolment for the family insurance plan occurs around November and that
she may not be able to re -enroll for a lengthy amount of time in the event that Husband
carries out his threats.
16. Wife is pursuing claims for spousal support and APL with the Domestic Relations Office
concurrently with the filing of the within petition; however, obtaining a Domestic Relations
Order will likely take several weeks.
17. It would be irrational for Husband to cancel affordable healthcare coverage for Wife at this
time; in the event that Wife loses coverage both parties will incur significant unnecessary
expenses associated with her increased healthcare costs.
WHEREFORE, the Petitioner requests that Respondent be directed to maintain Petitioner's
healthcare coverage pending further Order of Court.
c)
Respectfully submitted,
BAYLEY & GAN
Mark F. Bayley, - . uire
17 West South St.
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D. # 87663
TAMMY SUE ANKABRANDT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DAVID K. ANKABRANDT,
Defendant
: CIVIL ACTION - LAW
: NO. 2005-5081 CIVIL TERM
: IN DIVORCE
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to
unsworn falsification to authorities.
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire do hereby certify that I this day served a copy of the forgoing
document upon the following by depositing same in the United States mail, postage prepaid, at
Carlisle, Pennsylvania, addressed as follows:
David Ankabrandt
1050 Oakville Road
Newville, PA 17241
o-Z9-��{
Mark F. Bayley, Es• ire
TAMMY SUE ANKABRANDT
Plaintiff
vs.
DAVID K. ANKABRANDT
Defendant
: IN THE COURT
: CUMBERLAND
OE THE PROTHONO i " I
2O11i OCT 30 PM 3: 00
CO PENNSY �ACOUNTY
OF COMMON PLEAS
COUNTY, PENNSYLVANIA
: CIVIL ACTION -
: NO. 2005 - 5081
: IN DIVORCE
LAW
PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance as attorney of record for Tammy Sue Ankabrandt in the
above -captioned matter.
sft
Date: del -012k) A7 apt
Marcus Mcicifght, III, Esqu e
60 West ' omfri6t Street
Carlisle, PA 170
717-249-2353
Please enter my appearance as attorney of record for Tammy Sue Ankabrandt in the
above -captioned matter.
Date: b—Z—CL-i
ark F. Bayley, Esq
BAYLEY & MANGAN
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D. # 87663
TAMMY SUE ANKABRANDT : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
: NO. 2005 - 5081
DAVID K. ANKABRANDT
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a
copy of the foregoing document upon the following by depositing same in the United States
mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
David Ankabrandt
86 Parker Road
Newville, PA 17241
ark F. Bayley, Esquire
TAMMY SUE ANKABRANDT,
Plaintiff
v.
DAVID K. ANKABRANDT,
Defendant
I.HE ?r'°aTHO o iAi
20111 NOV -5 AM 8: 51
CUMBERLAND COUNTY
PENNSYLVANIA
Count? of QCumberlana
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
2005-5081 CIVIL ACTION
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 4th day of November 2014, upon consideration of Plaintiff's
Petition for Special Relief, a RULE is issued upon Defendant to show cause the
requested relief should not be granted. PLAINTIFF shall effectuate service of this
Order of Court upon Defendant and shall file proof of service. Response by Defendant
shall contain a proposed order.
RULE RETURNABLE twenty (20) days from the date of service.
TF'E COURT,
ribution:
k K. Bayley, Esq.
David Ankabrandt
et,p 'es fiLt. tcr-L
//AM
Thom s Placey C.P.J.
TAMMY SUE ANKABRANDT : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION - LAW
DAVID K. ANKABRANDT
Defendant
TO THE PROTHONOTARY:
: DOCKET NO. 2005-5081 CIVIL TER
rrl
IN DIVORCE
-70
PRAECIPE 37 74. N
Please Withdraw my Appearance as Attorney for David Ankabrandt in the above -
captioned matter.
li- lel—I''l
Date
TO THE PROTHONOTARY:
Dirk E. Berry
Please Enter my Appearance as Attorney for David Ankabrandt in the above -
captioned matter.
11- \(4=ZO
Date
eri Coover, £y u'eF
Ca,rruCOl; AlaV,S
yL S.-12nove-c• 8 -
Car1.‘Sie PA U70(3
•
i
From:Bayley & Mangan
717 241 2456 11/21/2014 12:03 #456 P.001/001
TAMMY SUE ANKABRANDT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs,
DAVID K. ANKABRANDT,
Defendant
: CIVIL ACTION - LAW
: NO. 2005-5081 CIVIL TERM
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, Sheri Coover, Esquire hereby accept service on behalf of David K. Ankabrandt,
Defendant, the Order of Court dated November 4, 2014 as well as a copy of the Petition for Special
Relief filed on October 30, 2014 and I am authorized to do
Date BY
Coover, Esquire
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