COUNTER PETITION FOR EXPEDITED DISSOLUTION OF MARRIAGE AND OTHER RELIEF
Respondent, Husband, Ted Jeczalik files this Counter Petition for Expedited Dissolution of Marriage and other relief and states as follows:
1. Action for Dissolution of Marriage.
This is action for dissolution of the bonds of of marriage between the parties in the above styled cause, specifically Respondent and Counter Petitioner, Ted Jeczalik, hereinafter called Husband, Age 46 years, and Petitioner and Counter Respondent, Anna Michalik, hereinafter called Wife, age 41 years.
2. Jurisdiction and Venue.
The parties have been residents of Florida for more then six (6) months prior to the filing of this counter Petition. Venue is proper in this circuit because pasco County is where the intact marriage of these parties was last evidenced by a continuing union and the intent to remain there and married to each other.
3. Marriage Statistic.
The parties were dully married to each other on April 5, 1997 in Chicago, Illinois.
4. Date of Separation.
The parties cohabited together as husband and wife until their final separation on September 1, 2010.
The marriage of the parties is irretrievably broken where Wife is involved in criminal activities against the Husband.
The children of the party are being abuse by Wife as she does not allow the children to see their father, the Respondent, Ted Jeczalik and Wife refused to make time sharing plan since last Motion for Temporary Relief filed on April 19, 2011.
The Husband, Ted Jeczalik and the children are victims of Wife' violence and mental abuse.
The children of the parties and the Husband acquired years of stress caused by Wife's violence and mental abuse.
Wife brings to the Court subpoena and motions that are not in the best interest of the children.
6. Children of the Marriage
The Minor Children common to the parties are:
Name: Caroline Jeczalik
Place of Birth: Chicago, Illinois
Birth date: September 9, 1997
Name: Paulina Jeczalik
Place of Birth: Dunedin, Florida
Birth date: May 31, 2002
Name: Lukasz Jeczalik
Place of Birth: Dunedin, Florida
Birth date: August 4, 2003
7. Present Care for the Children.
At this time, the responsibility for the minor children is being exercised primarily by Wife.
8. Requested Parental responsibility.
Parental responsibility for the minor children of the parties should be shared by both Husband and Wife, pursuant to the applicable Florida Statues. Furthermore a parenting plan should be entered allowing the Husband open, liberal, reasonable and frequent time sharing with the minor children.
9. Support of Children.
The Court should provide for the support of minor children of the parties as provided by the applicable Florida Statues.
10. Equitable Distribution.
The parties have accumulated certain property and liabilities during the course of their marriage. There is justification for the court to equitably divide these assets and liabilities between the parties so as to achieve an equitable distribution of the assets and liabilities and to ensure that the support needs of the parties are furthered.
11. Personal Property.
The parties possess jointly owned personal property in regard to which the rights of the parties should be adjudicated by this court.
The parties have incurred certain debts during the marriage in regard to which the individual and specific obligations of the parties should be adjudicated by the Court.
13. Injunction Against Disposal of Assets.
Husband believes and therefore alleges that Wife might hide, remove or dispose of part or all her assets and funds to the detriment of Husband if she is not restrained by an order of this Court.
Wife will sustain no damage from entry of an order enjoining disposal or transfer of any assets without consent of Husband or order of the Court. The great majority of Wife's assets can be easily encumbered, sold, transferred or disposed of. Husband would be irrevocably injured by by these acts of Wife and believes the injury will occur if Wife is not restrain and enjoined without notice from disposing, encumbering, withdrawing, selling, transferring or permitting the disposal, encumbrance, withdrawal, sale or transfer of her assets, or transfer of any assets, or making any changes in her life insurance policies, health and other insurance policies, or employment benefits from that which existed at the time prior to separation of the parties until further order of this court.
14. Restraining Orders and Mutual Injunction.
Husband and Wife are now in separate residences, but Wife continues to call and harass Husband. in addition, Wife has made numerous calls to the friends, acquaintances and family of Husband, slandering him and greatly damaging his relationships with these individuals.
Husband also desires and should be granted a mutual injunction enjoining and restraining both parties from bothering, molesting, harassing or interfering with each other, either directly or indirectly ot through third parties, at the places where they reside, at their places of business or wherever they might be located, until further order of this court.
Husband is without sufficient funds to post the bond required by the applicable section of the Florida Rules of Civil Procedure and the Florida Family Law Rules of Procedure.
15. Military Status.
Both parties are over the age of eighteen (18) years and neither is, nor with a period of thirty (30) days immediately prior to this date has been, enlisted in the military service of United States as defined by the Service Member Civil Relief act of 2003.
16. Attorney's Fees and Cost.
Husband is financially unable to employ or pay any attorney to represent him or Wife, but Wife is well able to do so. Husband lost substantial amount of time and income defending himself in the Court and Husband should be compensated for lost income by Wife.
WHEREFORE, Husband, TED JECZALIK, respectfully request that this Honorable Court:
A. Award Husband the relief sought herein, and dissolve the marriage of the parties in expedited terms.
B. Award parental responsibility for the minor children to both husband and Wife, pursuant to the applicable Florida Status including time sharing between the Husband and the minor children of the parties.
C. Award support of the minor children of the parties as provided by the applicable Florida Statues.
D. Grant an equitable distribution of the assets and liabilities that each of the parties acquired during or a result of this marriage, making use of all appropriate remedies, giving due regard to the applicable factors set forth in Florida Statues.
E. Adjudicate the rights of the parties in regard to their jointly owned real and/or personal property and debts, including such marital and non marital rights and obligations as may exists. And, pending such adjudication, selling, or in any other way disposing of such assets without written agreement of Husband or order of Court.
F. Require Wife to pay all debts incurred by the parties prior to the dissolution of marriage.
G. Enter appropriate temporary restraining orders without notice to Wife granting husband the relief requested herein, pending further hearing, restraining wife from any violence or threats of violence, and from calling Husband, his family, friends and acquaintances, and from going to the home of Husband or place at which he may be working.
H. Waive posting of any bonds as per Florida Rules of Civil Procedure.
I. Require Wife to contribute to Husband's lost of income and related legal expenses and costs.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been furnished by mail
delivery to the persons listed below this 23 day of April, 2012.
Audrey A. Jefferis, Esquire
8138 Massachusetts Ave.,
New Port Richey, FL 34653
Tel. 727-845-6174, fax 727-848-3091
Attorney for Petitioner
Ted Jeczalik, Respondent / Husband
P.O. Box 248,
Port Richey, FL 34673
Telephone No. 727-641-6709,
Fax 866-395-0966, Email: [email protected]