McCAULEY v. McCAULEY

No. 256 March term, 1979.

25 Pa. D. & C. 3d 363 (1983)

McCauley v. McCauley

Common Pleas Court of Lancaster County, Pennsylvania.

January 14, 1983.


Attorney(s) appearing for the Case

Michael H. Ranck, for defendant.

San Ferguson Musser, for plaintiff.


HUMMER, J., January 14, 1983.

The present case raises the question of whether a claim for equitable distribution survives even though the underlying divorce action has abated due to the death of a litigant. This issue has been raised by defendant's petition to dismiss the above-captioned divorce action. Defendant has also asked this court for an award of counsel fees incurred in prosecuting her petition to dismiss.

The pertinent facts are that a complaint...

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