HomeMy WebLinkAbout00-03251
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JEFFREY E. MIKOLAJCZAK,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00- .l:lS/ Oiu~l /~
HEATHER L. MIKOLAJCZAK, : CIVIL ACTION - LAW
Defendant : 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 or property or other rights important to you,
including custody or visitation or 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 ofthe Prothonotary, Cumberland County Courthouse, Carlisle,
Pennsylvania.
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 LAWYER REFERRAL SERVICE
TWO LIBERTY STREET
CARLISLE, PENNSYLVANIA 17113
(717) 249-3166
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JEFFREY MIKOLAJCZAK,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. tto- .3.2.5'/ ~-r~
HEATHER MIKOLAJCZAK,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
COMPLAINT
COUNT 1 - DIVORCE
AND NOW comes Plaintiff, JEFFREY E, MIKOLAJCZAK, by his attorney,
Kathy M. Shughart, and files this Complaint, based upon the following:
I. Plaintiff, JEFFREY E. MIKOLAJCZAK, born November 26,1967, is an
adult individual and national of the United States of America, who currently resides at
634 Hummel A venue, Apartment 2, Lemoyne, Cumberland County, Pennsylvania,
2. Defendant, HEATHER 1. MIKOLAJCZAK, born October 6, 1965, is an
adult individual and national of the United States of America, whose last known address
is 238 Oliver Street, Upper, North Tonawanda, Buffalo County, New York.
3. Plaintiff and Defendant were married on March 4, 1988 in Grand Island,
Niagra County, New York.
4. Plaintiff and Defendant separated on or about April, 1998,
5. The parties have a minor child EDWARD DAVID MIKOLAJCZAK, born
December 2, 1993.
6. Plaintiff and the parties' minor child have been bona fide residents of this
Commonwealth for at least six (6) months immediately prior to the filing of this
Complaint.
7. Defendant is not presently a member of the Armed Forces on active duty.
Plaintiff is not presently a member of the Armed Forces on active duty.
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8. There are no pending actions in divorce or annulment in this jurisdiction
or in any other jurisdiction brought by either Plaintiff or Defendant above-named.
9, Plaintiff has been advised of the availability of counseling and that
Plaintiff may have the right to request that the court require the parties to participate in
counseling.
10. Plaintiff avers that the marriage is irretrievably broken.
11, The parties have been living separate and apart. At a subsequent time,
Plaintiff may submit an Affidavit that the parties have lived separate and apart for at least
two (2) years.
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree of
Divorce from the bonds of matrimony.
COUNT 2 - CUSTODY
13. Paragraphs I through 12 are incorporated by reference herein.
14. Plaintiff seeks to confirm custody of EDWARD DAVID
MIKOLAJCZAK, born December 2, 1993. Plaintiff is the natural father of the child and
Defendant is the natural mother of the child. The child was not born out of wedlock. The
child is currently in the custody of Plaintiff.
15. During the past five years, the child has resided with the following persons
and at the following addresses:
Defendant Buffalo, New York
Plaintiff 366 Cypress Road
Middletown, P A 17057
634 Hummel Avenue
Lemoyne, PA 17043
16. Plaintiff has not participated as a party or a witness, or in another capacity,
in other litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
1997 - October 1999
October 1999- May 2000
Plaintiff
May 2000 - present
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Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
17. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the child have been named as parties to this
action.
18. The best interest and permanent welfare of the child will be served by
granting the relief requested for the following reasons:
a. Plaintiff, the father, will provide a safe home and a stable and
loving environment for the child.
b. Primary custody with Plaintiff should be confirmed by an Order of
Court.
WHEREFORE, Plaintiff requests Your honorable Court to confirm custody of
the minor child.
Respectfully submitted,
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Katny M. hug art,
Supreme Court ID #39779
27 South Arlene Street
Post Office Box 6315
Harrisburg, PA 17112-0315
(717) 540-8511
DATE:
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JEFFREY E. MIKOLAJCZAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO.
HEATHER L. MIKOLAJCZAK, : CIVIL ACTION - LAW
Defendant : DIVORCE
VERIFICATION
I, JEFFREY E. MIKOLAJCZAK, verify that the averments made in the within
foregoing document are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to
authorities.
DATE: S/20/0(/
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