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Home My WebLink About03-5705CONSTANCE T. McLANAHAN, Plaintiff ANDREW G. McLANAHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. - s? s : 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 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 at the Cumberland County Courthouse, Carlisle, PA 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 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ..~ Delano M. Lantz ' Pamela L. Purdy 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 CONSTANCE T. McLANAHAN, Plaintiff ANDREW G. McLANAHAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : IN DIVORCE COMPLAINT And now comes Plaintiff, Constance T. McLanahan, by and through her counsel, McNees Wallace & Nurick LLC, and files the following Complaint in this matter. COUNT I Divorce Under 3301(c) or 3301 (d) of the Divorce Code 1. Plaintiff is Constance T. McLanahan who currently resides at 343 North 25th Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Andrew G. McLanahan who currently resides at 343 North 25th Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 4, 1985 at York, York County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties, except for a divorce action filed in this Court about six years ago. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. COUNT II Equitable Distribution 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Sections 3501 and 3502 of the Divorce Code. Plaintiff and Defendant have not agreed to an equitable distribution of this 11. property. 12. Plaintiff requests the Court to equitably distribute all the property. WHEREFORE, Plaintiff requests the Court to enter an Order equitably dividing all of the marital property. -2- COUNT III Alimony 13. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to fully support herself through appropriate employment. 14. Plaintiff requests the Court to determine and to allow her alimony pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff requests the Court to enter an Order providing alimony for Plaintiff. COUNT IV Alimonv Pendente Lite, Support, Counsel Fees and Expenses 15. Plaintiff lacks sufficient funds to support herself and to meet the costs and expenses of this divorce action, including the necessary attorneys' fees and is unable to appropriately maintain herself during this action. 16. Plaintiff requests the Court to award her the payment of counsel fees, and costs and expenses incurred by her in this action, such costs to be paid by Defendant. 17. Defendant has adequate earnings to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests the Court to award alimony pendente lite, support, counsel fees, costs and expenses to Plaintiff. -3- COUNT V Insurance Protection 18. Defendant has acquired existing policies of life insurance and/or is covered under life insurance policies provided through his employer during the marriage over which Defendant has effective control. 19. Plaintiff either is or was the beneficiary of said policies, over which Defendant has exclusive control. 20. Plaintiff requests the Court to require Defendant to maintain the existing policies in full force and effect with Plaintiff as the beneficiary of said policies. WHEREFORE, Plaintiff requests the Court to compel the continued maintenance of the life insurance policies with Plaintiff designated as the beneficiary. McNEES ~LACE & NURII3~ LLC~ I.D. #21401 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: VERIFICATION I verify that the statements made in this Complaint 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. Constance T. McLanahan Dated: October 27, 2003 -5- CONSTANCE T. McLANAHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5705 CIVIL TERM ANDREW G. McLANAHAN, Defendant IN DIVORCE PROOF OF SERVICE hereby certify that a true and correct copy of the Complaint in Divorce in the above matter was served on the Defendant, Andrew G. McLanahan, by certified mail, restricted delivery, return receipt requested on October 31,2003. See Exhibit "A" attached. The Complaint in Divorce was received and signed for by the Defendant on November 1,2003. The original of the return receipt is attached hereto as Exhibit "B". McNEES WA(~CE & NURICId I.D. #21401 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 ~_LC Attorneys for Plaintiff Dated: December 9, 2003 McNees Wallace & Nurick LLC attorneys at law DELANO M. LANTZ DIRECT DU~L: (717) 237-5348 E-MAIL ADDRESS: DLANTZ~MWN,COM October 31, 2003 Mr. Andrew G. McLanahan 343 North 25th Street Camp Hill, PA 17011 Re: McLanahan v. McLanahan No. 03-5705 Civil Term Dear Mr. McLanahan: Enclosed and served upon you is a certified copy of the Complaint in Divorce which was filed of record in the Office of the Prothonotary, Cumberland County Courthouse on October 30, 2003 to No. 03-5705 Civil Term. Very truly yours, McNEES WALLACE & NURICK LLC By Delano M. Lantz DML/msb Enclosure cc: Constance T. McLanahan (w/enc.) CERTIFIED MAIL, RESTRICTED DELIVERY EXHIBIT "A" I~O. Box 1166 · 100 PINE STREET · HARRISBURG, PA 17108-1166 · TEL: 717.232.8000 · FAX: 717.237.5300- WWW. MWN.COM HAZLETON, PA · STATE COLLEGE, PA · COLUMBUS, OH ° WASHINGTON, DC 716~ 3901 9844 1911 1988 TO: Mr. Andrew G, McLanahan 343 North 25th Street Camp Hill, PA 17011 SENDER: REFERENCE: RECEIPT Certffted Fee SERVICE Return Receipt · o~ Po~m~ & Receipt for Certified Mall ~ ~ II ~ ~*'~]1 9~44 1911 3. S~vice Type CERTIFIED MAIL ,~stricted Delivery? (~m ~e) 1. Adicle Addressed to: ~. Andrew G. McL~ah~ 343 Nogh 25~ S~eet Camp Hill, PA 17011 A. ~ by (!~ea~e Prtm CleadlO B. Date of Oeli~m~ C. Signature Reference InfOrmation 51 PS Form 3811, July 2001 EXHiBiT "B" CONSTANCE T. McLANAHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5705 CIVIL TERM ANDREW G. McLANAHAN, Defendant : IN DIVORCE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned matter discontinued and ended without prejudice. By A /v_/,/.//v- { ../Z~'-¢' ~ '-"l~elano M. Lantz ' ~ / I.D. #21401 ~ Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box '1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: December 19, 2003 CERTIFICATE OF SERVICE! The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Mr. Andrew G. McLanahan 343 North 25th Street Camp Hill, PA 17011 Date: December 19, 2003