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Home My WebLink About10-2374ors r7Y 2V 1 Q x;o'r? - 9 F CL;l i n Z r C. l ? Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntDCPBruntLaw.com Attorney for Plaintiff LISA A. MICHAJLUK, Plaintiff V. SCOTT D. MICHAJLUK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . NO. 10 - 013,7q rr&rm IN DIVORCE AND CUSTODY 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 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 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 Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 44vi.5o PQ Ai" e?c 100a ?t? oz fZ? qoavq C 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunto_CPBruntLaw.com Attorney for Plaintiff LISA A. MICHAJLUK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. . NO. SCOTT D. MICHAJLUK, Defendant IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, LISA A. MICHAJLUK, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, SCOTT D. MICHAJLUK, upon the grounds hereinafter set forth. COUNTI DIVORCE 1. Plaintiff is LISA A. MICHAJLUK, an adult individual who currently resides at 709 Cur Lee Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is SCOTT D. MICHAJLUK, an adult individual who currently resides at 709 Cur Lee Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 25, 1997, in Gettysburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. -2- COUNT II CUSTODY 11. Paragraphs 1 and 2 above are incorporated herein by reference. 12. The Plaintiff is seeking legal and physical custody of the following children: Name Residence ,Acme Graison Michajluk 709 Cur Lee Lane 5 Boiling Springs, PA 17007 Cohen Michajluk 709 Cur Lee Lane 3 Boiling Springs, PA 17007 The children were born of the marriage between Plaintiff and Defendant. The children are presently in the custody of both the Plaintiff and Defendant, residing at 709 Cur Lee Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. The parties have entered into a Marital Settlement Agreement dated April 8, 2010, and intend to separate within the near future. For the last 5 years, the children have resided with the following persons and at the following addresses: (a.)Birth until July 2007 296 Stuart Road Carlisle, PA 17013 With Plaintiff and Defendant (b.)July 2007 to present 709 Cur Lee Lane Boiling Springs, PA 17007 With Plaintiff and Defendant The mother of the children is LISA A. MICHAJLUK, who currently resides at 709 Cur Lee Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. She is -3- currently married to Defendant, SCOTT D. MICHAJLUK, but it is the intention of the parties to separate and divorce as soon as possible. The father of the children is Defendant, SCOTT D. MICHAJLUK, who currently resides at 709 Cur Lee Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. He is currently married to Plaintiff, LISA A. MICHAJLUK, but it is the intention of the parties to separate and divorce as soon as possible. 13. The relationship of Plaintiff, LISA A. MICHAJLUK, to the children is that of natural mother. 14. The relationship of Defendant, SCOTT D. MICHAJLUK, to the children is that of natural father. 15. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other court. Plaintiff has no information of a custody proceeding concerning the custody of the said children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The relief requested by Plaintiff is in the best interests of the children because the parties have mutually agreed to the entry of an Order of Court setting forth the parenting schedule that they believe is the best for their children. A Stipulation signed by the parties and a proposed Order of Court are being filed simultaneously with this Complaint. -4- 17. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in Divorce dissolving the marriage between the parties and entering an Order of Court providing for the shared legal and physical custody of the children of the parties consistent with the terms and conditions to which the parties have agreed. Respectfully submitted, CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbruntD-CPBruntLaw.com Attorney for Plaintiff -5- VERIFICATION I verify that the statements made in the foregoing Complaint In Divorce 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. DATED: /??1? LISA A. MICHAJLU , PIa tiff F;L?_- U'Ry of- Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntOCPBruntLaw.com Attorney for Plaintiff LISA A. MICHAJLUK, Plaintiff V. SCOTT D. MICHAJLUK, Defendant STIPULATION FOR ENTRY OF CUSTODY ORDER Plaintiff, LISA A. MICHAJLUK, and Defendant, SCOTT D. MICHAJLUK, hereby : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . NO. /Q o2 37 : IN DIVORCE AND CUSTODY stipulate and agree that the foregoing Custody Order shall be entered by the Court in the above-captioned matter. Date: LI A A. MICHAJLUK, lain Date: Y -1r., /c9 SCOTT D. MICHAJ WITNESS AS TO BOTH: Z??_ CONSTANCE P. BRUNT, ESQUIRE ,, efendant ~r ~~,.. ~r_,~ ,~ T~ - L,. ~.,. 2~l0~`~-~ F;,li~ ~m I(:ac~ ,. 1 a l~ i l i ,. ~.. j~.. 1 I Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cabrunt~CPBruntLaw.com Attorney for Plaintiff LISA A. MICHAJLUK, Plaintiff VS. SCOTT D. MICHAJLUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN DIVORCE NO. 10-2374 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: April 16, 2010, by Acceptance of Service filed on April 20, 2010. ,, 3. Complete either paragraph (a) or (b). a. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff on July 20, 2010; and by Defendant on July 26, 2010. b. (1) Date of execution of the Affidavit required by 3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. 4. Related claims pending: NONE. 5. Complete either (a) or (b). a. Date and manner of service of the Notice Of Intention To File Praecipe To Transmit Record, a copy of which is attached: N/A. b. Date Plaintiffs Waiver Of Notice in 3301 (c) Divorce Code was filed with the Prothonotary: August 5, 2010. Date Defendant's Waiver Of Notice in 3301 (c) Divorce Code was filed with the Prothonotary: August 5, 2010. Respectfully submitted, DATE: ~/~~~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbruntCa~CPBruntLaw.com Attorney for Plaintiff .. ~ _~~~. .. T~ e. r= ~_ r 'r 2~f0 ~~=_i':~ -~ ~~~ 11 Avlr (a Am ii: ~ ,; Constance P. Brunt, Esquire Supreme Court ID fk29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntl9~CPBruntLaw.com Attorney for Plaintiff LISA A. MICHAJLUK, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. :CIVIL DIVISION IN DIVORCE SCOTT D. MICHAJLUK, Defendant NO. 10-2374 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 9, 2010. 2. 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. 3. I consent to the entry of a final Decree In Divorce after service of notice of intention to request entry of the decree. 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. DATE: ~ -~~- IQ L A A. CHAJLU , P aintiff { .,, F. E~::. . 7~ ~- , , ~,~.,, . . Aug ~ iam tt :aro Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cabrunt~CPBruntLaw.com Attorney for Plairrtiff LISA A. MICHAJLUK, Plaintiff VS. SCOTT D. MICHAJLUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN DIVORCE NO. 10-2374 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In Divorce without notice. 2. 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. 3. 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. 1 I verify that the statements made in this Waiver of Notice 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. DATE: ~ ,~~ ~ ~~ , LI A A. M CH JL K, laintiff -2- ~, t _ , , ~,,, ~~V;F r ~" `. i_, ~ c.. ;.ci Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Rosd Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 c~brunt~CPBruntLaw.com Attorney for Plaintiff LISA A. MICHAJLUK, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. :CIVIL DIVISION IN DIVORCE SCOTT D. MICHAJLUK, . Defendant NO. 10-2374 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 9, 2010. 2. 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. 3. I consent to the entry of a final Decree In Divorce after service of notice of intention to request entry of the decree. a~ f 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. DATE: ~,~~' Io SCOTT D. MIC J ,Plaintiff t a! - .__ ,~. ~m ci-ae Constance P. Brunt, Esquire Supreme Court ID #28933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cabrunt~CPBruntLaw.com Attorney for Plaintiff LISA A. MICHAJLUK, Plaintiff VS. SCOTT D. MICHAJLUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN DIVORCE NO. 10-2374 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $3301(C) AND §3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In Divorce without notice. 2. 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. 3. 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. s I verify that the statements made in this Waiver of Notice 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. DATE: ~~ w~ l~ ~ SCOTT D. MI H L ,Defendant -2- Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0265 cobruntl~CPBruntLaw.com Attorney for Plaintiff ~} . r e~ ~.1 _ -_{ G } -:~ 4 _ rn ~'.~ r ~ .. - c- ' ~ . _ - .. - -~ c ~ i ; LISA A. MICHAJLUK, Plaintiff VS. SCOTT D. MICHAJLUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN DIVORCE NO. 10-2374 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: April 16, 2010, by Acceptance of Service filed on April 20, 2010. 3. Complete either paragraph (a) or (b). a. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff on July 20, 2010; and by Defendant on July 26, 2010. b. (1) Date of execution of the Affidavit required by 3301 (d) of the Divorce Code: N/A. (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: NONE. 5. Complete either (a) or (b). a. Date and manner of service of the Notice Of Intention To File Praecipe To Transmit Record, a copy of which is attached: N/A. b. Date Plaintiffs Waiver Of Notice in 3301 (c) Divorce Code was filed with the Prothonotary: August 5, 2010. Date Defendant's Waiver Of Notice in 3301 (c) Divorce Code was filed with the Prothonotary: August 5, 2010. Respectfully submitted, DATE: ~/~~~ i~ ///~~~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 c~brunt(u~CPBruntLaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA A. MICHAJLUK, Plaintiff V. SCOTT D. MICHAJLUK, . Defendant NO. 10-2374 CIVIL TERM DIVORCE DECREE AND NOW, ~ 2 ~ ~+s w y , 2010, it is ordered and decreed that LISA A. MICHAJLUK ,Plaintiff, and SCOTT D. MICHAJLUK ,Defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The Court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. By the Court: -~ / 7 Attest J Prothonotary ~, ~ ~~ ~~~