The URL can be used to link to this page

Home My WebLink About09-3541DAWN MURCAVAGE, Plaintiff V. MURCAVAGE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA s NO. 0q3 sf l `w 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 apers by the plaintiff. You may lose money or property or other rights important to you, includ ng 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. A list of marriage counselors is available in the office of the Prothonotary on the first floor of the Cumberland County Courthouse, Carlisle, Cumberland County, PA. 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. .'OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE ?ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 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 the Court Administrator at (717) 780-6624. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. Melani L. Erb, Esquire 2132 M arket Street Camp Hill, PA 17011 717-97 5-9446 Merb dcdlaw.net DA MURCAVAGE, Plaintiff V. MURCAVAGE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 091 367// CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Dawn Murcavage, by and through her attorney, Melanie L. Erb Esquire and the Law Offices of Darrell C. Dethlefs, who brings this Complaint in and avers as follows: 1. Plaintiff is Dawn Murcavage, an adult individual currently residing at 1207 Musket Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Daniel Murcavage, an adult individual currently residing at 1207 Musket Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff avers that Defendant has also been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. The parties were married on August 14, 1993 in Mechanicsburg, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken 8. Plaintiff avers that neither party is an active member of the United States Military or its allies. 9. 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. Being so advised, Plaintiff waives that right. 10. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 11. Plaintiff avers the grounds for divorce: a. The marriage is irretrievably broken; b. The parties consent to the divorce; or in the alternative, grant < C. The parties have lived separate and apart for a period or two (2) years. WHEREFORE, Plaintiff, Dawn Murcavage, respectfully requests this Honorable Court L Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 thru 11 are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have acquired property during the marriage which is subjectlto equitable distribution. of said 14. Plaintiff and Defendant have been unable to agree as to an equitable distribution WHEREFORE, Plaintiff, Dawn Murcavage, respectfully requests this Honorable Court to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry Of a final divorce decree. COUNT III CUSTODY full. Chloe 15. Paragraphs 1 thru 11 are incorporated herein by reference as though set forth in 16. Plaintiff seeks shared legal and primary physical custody of the minor children, ria Murcavage, born December 19, 2000, Paris Murcavage, born December 19, 2000, and Murcavage, born May 27, 2003. 17. The children were not born out of wedlock. 18. The children are presently in the joint custody of the parties at 1207 Musket Lane, nicsburg, Pennsylvania, 17050. 19. During the past five years and since their birth, the children have resided at 1207 Lane, Mechanicsburg, Pennsylvania with their parents. 20. The mother of the children is Dawn Murcavage, currently residing at 1207 Lane, Mechanicsburg, Pennsylvania, 17050. She is married to the Defendant, but 2 a divorce. 1. The father of the children is Daniel Murcavage, 1207 Musket Lane, icsburg, Pennsylvania, 17050. He is married to the Plaintiff. The relationship of Plaintiff to the children is that of natural mother. The Plaintiff y resides with the following persons: Daniel Murcavage Spouse Demetria Murcavage Daughter Paris Murcavage Daughter Chloe Murcavage Daughter 23. The relationship of Defendant to the children is that of natural father. The currently resides with the following persons: Name Relationship Dawn Murcavage Spouse Demetria Murcavage Daughter Paris Murcavage Daughter Chloe Murcavage Daughter 24(a). Plaintiff has not participated as a party or witness, or in another capacity, in other on concerning the custody of the children in this or another court. 24(b). Plaintiff has no information of a custody proceeding concerning the children g in a court of this Commonwealth or any other state. 25. The best interest and permanent welfare of the children will be served by ing the relief requested because Plaintiff has been the children's primary caregiver. 26. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the c0dren will be given notice of the pendency of this action and the right to intervene: N WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order a custody conciliation conference. Respectfully Submitted, Mel ie L. Erb, Esquire A orney I.D. No. 84445 The Law Offices of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Plaintiff VERIFICATION I, DAWN MURCAVAGE, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements made herein are subject to the of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. M I V,00 5 MURCAVAGE DATE L TK: ; I I ? a ?r;111111 ;'i L? ?`i Ea• t L4 U,J I 'y y?. ?335?? s6 o0 o ? so ?y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW • PaMva 6 claintiff : FILE NO.01D0q-U 3SW, 20 VS. IN DIVORCE AUtit'd qtd\COL e • Qfendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the 1 r day of Q a h , 9 hereby elects to resume the prior surname of f/f Ck(j'( and gives this written notice pursuant to the provisions of 54 P.S. 704. P p DATE: `� r�3 .Da -' ._ //C +.-UAv k Signature U fft 1/337g515/ at,u),_ 3,1(cleitszfr) Signature of name being resuiWed COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On the / 3 day of , 20 1 , before me, a Notary Public, personally appeared the above af'ant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof,I have hereunto set my hand and official seal. rAg Notary Public won &Pim the R ate of�pk 2014 OF.THE PRO THONO TA PC( • 2013 JUN t 3 AH J:41 4 CUMBER".AND Cat N T Y PENNSYLVANIA le . . . , ,i, , ,„ oZ.9ig • • • • • • ( . • • MM f1n�,��i;l C`p9.+n,,�'l%'Ei6.`�,,k!.1t' 4u3"� 4+.1,' _ri:.R'v`!yi.:fSe"p� MM.4m.l,to aot}+o Tt icy1g Ks;4'.i'gx HhOlils'�l.I' ).$thi