Superior Court of New Jersey
Chancery Division
Middlesex County
Docket No.: FM-12-303-25
NOTICE OF MOTION
TO ENTER DEFAULT AND DEFAULT JUDGMENT
Milkos Kozo (Plaintiff) to:
Victoria Kozo
PLEASE TAKE NOTICE, that on Friday, the 24th of October, at 9 o'clock in the forenoon, or as soon thereafter as counsel may be heard, the undersigned attorneys for Plaintiff shall move before the such judge of the Superior Court of New Jersey, Middlesex County, Family Part, at 120 New Street, New Brunswick, New Jersey, as may then be sitting for the hearing of matrimonial motions, for an order as follows:
1. Entering a default on the Defendant for failure to please or otherwise as to the Complaint for Divorce filed in the above titled matter;
2. Granting the Plaintiff a Judgment of Divorce;
3. For such further relief as the court may deem just and equitable.
PLEASE TAKE FURTHER NOTICE that in accordance with the provisions of Rule 1:6-2 a proposed form of Order is annexed hereto.
PLEASE TAKE FURTHER NOTICE that oral arguement is requested if opposition is filed or deemed helpful by the Court.
PLEASE RAKE FURTHER NOTICE that in support of the within Notice of Motion, the undersigned will rely upon the annexed Certification and supporting documents.
Almasy LaMountain, LLC - Kimberley Almasy LaMountain, Esq. - Attorney for Plaintiff
CERTIFICATION OF SERVICE
I hereby certifiy that an original and two (2) copies of the within Notice of Motion and supporting Certificztion have been serviced upon the Matrimonial Motions Clerk, Chancery Division, Family Part, within the time and manner prescribed by the Rules of Court; and that two (2) copies of same have been served upon the Defendant through Defendant pro se within the time and manner prescribed by the Rules of the Court.
Almasy LaMountain, LLC - Kimberley Almasy LaMountain, Esq. - Attorney for Plaintiff
NOTICE TO LITIGANTS: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. This written response shall be by affidavit or certification. (Affidavits and certifications are documents filed with the Court. In either document the person signing it wears to its truth and acknowledges that they are aware that they can be punished for not filing a true statement with the court. Affidavits are notarized and certifications are not.) If you would also like to submit your own seperate requests in a motion to the judge you can do so by filing a cross-motion. Your response and/or corss-motion may ask for oral arguement. That means you can ask to appear before the court to explain your position. However, you must submit a written response even if you request oral arguement. Any papers you send to the court must be sent to the opposing side, either to the attorney if the opposing party is represented by one, or to the other party if they represent themselves. Two copies of all motions, cross-motions, certifictions, and briefs shall be aent to the opposing side.
The response and/or cross-motion must be submitted to the court by a certain date. All motions must be filed on the Tuesday 24 days before the return date. A response and/or cross motion must be filed fifteen days (thursday) before the return date.
Answers or responses to any opposing affidavits and cross-motions shall be served and filed no later than eight days (Thursday) before the return date. No other response is permitted without permission of the court. If you mail in your papers you must add three days to the above time periods. Responses to motion papers sent to the court are to be sent to the following address: Middlesex County Superior Court, Family Division, 120 New Street, New Brunswick, New Jersey 08901. Call the Family Division Manager's Office 732-645-4300 if you have any questions on how to file a motion, cross-motion or any response papers. Please note that the Family Division Manager's office cannot give you legal advice.
CERTIFICATION IN SUPPORT OF ENTRY OF DEFAULT AND ENTRY OF JUDGMENT OF DIVORCE
I, Kimberley Almasy LaMountain, as counsel for the Plaintiff, Miklos Kozo, here certify as follows:
(1) I am an attorney at law within the State of New Jersey and represent Mr. Milkos Kozo.
(2) On or about March 18, 2025, proof of service was filed with the Court with all attachments. Defendant was served with the summons and complaint for divorce by publication.
(3) It has been more than 35 days since the Notice by Publication has been effectuated, as set forth in the proof of service.
(4) Defendant has filed to file an answer or otherwise respond to the complaint.
(5) Plaintiff seeks the entry of a Judgment of Divorce.
(6) A proposed Judgment of DIvorce is attached.
I hereby certify that the aforementioned is true and accruate and if it is later determined to be false, I am subject to penalties and costs.
Kimberley Almasy LaMountain, Esq.
FINAL JUDGMENT OF DIVORCE
THIS MATTER coming before the Court on October 24th, 2025, before the Honorable ______________, J.S.C., and in presence of Kimberley Almasy LaMountain, Esq., attorney for Plaintiff, and Defendant having failed to plead or otherwise defend, and the Court having heard and considered the proofs in this matter, and it appearing that the Plaintiff and the Defendant were joined in the bonds of matrimony on or about August 7, 1988, and that the Plaintiff has pleased and proved his cause of action for divorce on the Complaint filed on or about July 9, 2024, pursuant to the provisions of N.J.S.A.2A:34-2 based upon irreconcilable differences,
IT FURTHER APPEARING that at the time the within cause of action arose, Plaintiff was a bona fide resident of this State and that he has ever since and for more than one year next preceding the commencement of the action, continued to be such bona fide resident; and
IT FURTHER APPEARING that jurisdiction herein has been acquired, pursuant to the Rules of the Court;
IT FURTHER APPEARING that there were no children born of the marriage;
IT FURTHER APPEARING that there is no real or personal sought to be divided between the parties pursuant to equitable distribution:
IT IS ON THIS _____ DAY OF ____________, 2025 ORDERED AND ADJUDGED by virtue of the power and authority of this Court and of the acts of the Legislature in such cases made and provided, that the Plaintiff and the Defendant be and hereby are divorced from the bonds of matrimony from each other for the causes aforesaid, and that the said parties and each of them be and same are hereby freed and discharged from the obligations thereof and the marriage between the parties be and same hereby dissolved; and
IT IS FURTHER ORDERED AND ADJUDGED that a copy of this Judgment shall be served upon the Defendant within 10 days of its entry by the Court.
To be signed by the Judge of the Middlesex County Superior Court
October 1 2025
LNYS0379577
$121.68