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Home My WebLink About02-1252MICHAEL SCOTT McCANN, Plaintiff DANELLE LYNN McCANN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - DIVORCE 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 dos o, 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 grounds for the 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 Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE HANOVER AND HIGH STREETS CARLISLE, PA 17013 (717) 240-6200 MICHAEL SCOTT McCANN, Plaintiff DANELLE LYNN McCANN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - DIVORCE NOW COMES Plaintiff, Michael Scott McCann, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and avers as follows: 1. The Plaintiff, Michael Scott McCann, is an adult individual currently residing at 7009 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Danelle Lynn McCann, is an adult individual currently residing at Wilson Drive, Apt. 410, Lindham Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. The Plaintiff and Defendant are husband and wife, having been married on August 19, 1993, in Germany, while in the United States Army. 5. Plaintiff avers the following: a. There are children of the parties under the age of 18, namely: Timothy Brian McCann, born March 3, 1993, and Sean Andrew McCann, born December 6~ 1994. 6. There have been no prior actions of divorce or annulment between the parties in this or in any other jurisdiction. 7. Neither the Plaintiff nor Defendant is currently a member of the Armed Forces 8. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. 9. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301(c) and/or (d) of the Divorce Code. WHEREFORE, the Plaintiff requests this Honorable Court to enter a decree of divorce. Date: MANCKE, WAGNER, HERSHEY, & TULLY Attorneys for Plaintiff ~v'illiam T. Tully, Esquire 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Supreme Coua I.D. #36410 ~ v Z WE DO HEREBY CERTIFY THAT THE WITHIN 18 A TRUE AND COR- RECT COPY OF THE ORIGINAL LAW OFFICES MANCKE, WAGNER, HERSHEY &TULLY A WRITTEN RESPONSE TO ENCLO~-D MICHAEL SCOTT McCANN, Plaintiff Vo DANELLE LYNN McCANN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-1252 CIVIL TERM ORDER OF COURT AND NOW, this l0th day of October, 2002, upon consideration of Plaintiff's Praecipe To Transmit Record in the above-captioned case, and it appearing that Plaintiff's and Defendant's affidavits of consent were filed more than 30 days after execution in contravention of Pa. R.C.P. 1920.42(b)(2), a divorce decree will not be entered at this time, without prejudice to the parties' rights to remedy the deficiency and file a new praecipe to transmit. William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff :re BY THE COURT, J[~$sley Oler,, ~'? 16-10-Oon, MICHAEL SCOTT McCANN Plaintiff Vo DANELLE LYNN McCANN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1252 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 13, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. o I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 41 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. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904, relating to unswom falsification to authorities. Date: Da~e Lynn l~f~ann MICHAEL SCOTT McCANN Plaintiff Vo DANELLE LYNN McCANN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1252 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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. 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. 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 unswom falsification to authorities. Date: c?.~ei y ~ann MICHAEL SCOTT McCANN Plaintiff DANELLE LYNN McCANN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1252 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 13, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. o I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. 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. Michael Scott McCann MICHAEL SCOTT McCANN Plaintiff Vo DANELLE LYNN McCANN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1252 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c} OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. 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 unswom falsification to authorities. ! - ! 'chael Scott McCann MICHAEL SCOTT McCANN Plaintiff Vo DANELLE LYNN McCANN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1252 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: TRANSMIT the record, together with the following information, to the Court for entry of a Divorce Decree: Ground for divorce: irretrievable breakdown under Section 3301 (c), 3~l(d) of the Divorce Code. (Strike out inapplicable section). Date and manner of service of the Complaint: March 19, 2002, by certified mail, restricted delivery, return receipt requested. 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.' 02/20/03 By Defendant: 02/18/03 (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code (2) Date of service of the Plaintiff's Affidavit unto the Defendant: Related claims pending: None. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit the Record, and attach a copy of said Notice under Section 330 l(d)(1)(i) of the Divorce Code: William T. Tully, Esquire Attorney for Plaintiff IN THE COURT OF Of CUMBERLAND STATE OF ~ MICHAEL SCOTT MCCANN Versus DANELLE LYNN MCCANN COMMON COUntY PENNA. PLEAS DECREE IN DIVORCE AND NOW,... ~.~C~., .2,~.': ............. ~......2.oc~ ,~ it is ordered ond decreed thot ......~1~;¢[~A~;~. ~.C~T~..~J¢¢~ ..................... plointiff, ond .........o~.~.~ .r.¥~ .~¢¢R~ ........................., def®ndent, are divorced from the bonds of motrimony. 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;