12-07527

FIRST INSERTION
PLEASE NOTE: The offices for attorney for the Plaintiff have moved since the filing of this action, please direct all correspondence to: The Law Offices of Sarah J. Leszczynski, PLLC, 2465 Riverfront Center, Amsterdam, NY 12010 Ph. (518) 842-4228
ACTION FOR DIVORCE
STATE OF NEW YORK
SUPREME COURT
COUNTY OF MONTGOMERY
NOTICE OF PUBLICATION
Index No. 2010-0693
RJI #28-1-22010-0314
LOUISE MEDBURY,
Plaintiff, -against-
JOSEPH C. MEDBURY,
Defendant.
Notice is hereby given that a Decision and Order entered by the Hon. Guy P. Tomlinson, Acting Supreme Court Judge, Supreme Court of Montgomery County, on August 10, 2012, so ordered the Summons with Notice to be published in the 'GULF COAST BUSINESS REVIEW” being a newspaper circulated in Tarpon Springs and Palm Harbor in the State of Florida, whose offices are located at Clearwater, Florida, in accordance with the requirements of Civil Practice Law and Rules §316. Publication of the Summons with Notice will take place within thirty days of the date of the Order.
Dated: August 10, 2012
HON. GUY P. TOMLINSON, Acting J.S.C.
ACTION FOR DIVORCE
STATE OF NEW YORK
SUPREME COURT
COUNTY OF MONTGOMERY
The basis for venue is the
SUMMONS WITH NOTICE
Plaintiff resides at:
30 Orchard Street
Fort Plain, NY 13339
LOUISE MEDBURY,
30 Orchard Street
Fort Plain, NY 13339
Plaintiff, -vs-
JOSEPH C. MEDBURY,
Defendant.
To the above-named Defendant:
You are hereby summoned to serve an Answer on the Plaintiff's attorneys, SARAH J. LESZCZYNSKI, ESQ. within twenty (20) days after the service of this summons, exclusive of the date of service (or within thirty [30] days if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear, judgment will be taken against you for default for the relief demanded in the notice set forth below.
DATED: June 24, 2010
NOTICE: The object of this action is to obtain a judgment of divorce dissolving the marriage between the parties.
The relief sought is: Divorce pursuant to Section 170 (2) of the Domestic Relations Law of the State of New York; granting equitable distribution of the marital property; granting Plaintiff the costs, including attorney's fees and disbursements of this action; and for such other and further relief as this Court may deem just and proper.
NOTICE TO THE DEFENDANT
YOU MAY HAVE CERTAIN RIGHTS UNDER THE LAWS OF THE STATE OF NEW YORK TO AN EQUITABLE DISTRIBUTION OF CERTAIN PROPERTY HELD INDIVIDUALLY OR JOINTLY BY YOU AND YOUR SPOUSE DURING THE TERM OF YOUR MARRIAGE. AND TO RECEIVE MAINTENANCE FROM YOUR SPOUSE. THESE RIGHTS MAY BE AVAILABLE TO YOU, NOTWITHSTANDING THAT A SEPARATION AGREEMENT HAS BEEN ENTERED INTO BETWEEN YOU AND YOUR SPOUSE. A FAILURE TO ANSWER THIS COMPLAINT AND TO APPEAR IN THIS ACTION MAY THEREFORE RESULT IN A JUDGMENT OF DIVORCE BEING OBTAINED AGAINST YOU, AND ADDITIONALLY, A WAIVER OF YOUR RIGHTS.
NOTICE TO DEFENDANT OF AUTOMATIC ORDERS PURSUANT TO DRL SECTION 236(B)(2)
(1) NEITHER PARTY SHALL SELL, TRANSFER, ENCUMBER, CONCEAL, ASSIGN, REMOVE OR IN ANY WAY DISPOSE OF, WITHOUT THE CONSENT OF THE OTHER PARTY IN WRITING, OR BY ORDER OF THE COURT, ANY PROPERTY (INCLUDING, BUT NOT LIMITED TO REAL ESTATE, PERSONAL PROPERTY, CASH ACCOUNTS, STOCKS, MUTUAL FUNDS, BANK ACCOUNTS, CARS AND BOATS) INDIVIDUALLY OR JOINTLY HELD BY THE PARTIES, EXCEPT IN THE USUAL COURSE OF BUSINESS, FOR CUSTOMARY AND USUAL HOUSEHOLD EXPENSES OR FOR REASONABLE ATTORNEY'S FEES IN CONNECTION WITH THIS ACTION.
(2) NEITHER PARTY SHALL TRANSFER, ENCUMBER, ASSIGN, REMOVE, WITHDRAW OR IN ANY WAY DISPOSE OF ANY TAX DEFERRED FUNDS, STOCKS OR OTHER ASSETS HELD IN ANY INDIVIDUAL RETIREMENT ACCOUNTS, 401K ACCOUNTS, PROFIT SHARING PLANS, KEOGH ACCOUNTS, OR ANY OTHER PENSION OR RETIREMENT ACCOUNT, AND THE PARTIES SHALL FURTHER REFRAIN FROM APPLYING FOR OR REQUESTING THE PAYMENT OF RETIREMENT BENEFITS OR ANNUITY PAYMENTS OF ANY KIND, WITHOUT THE CONSENT OF THE OTHER PARTY IN WRITING, OR UPON FURTHER ORDER OF THE COURT; EXCEPT THAT ANY PARTY WHO IS ALREADY IN PAY STATUS MAY CONTINUE TO RECEIVE SUCH PAYMENTS THEREUNDER.
(3) NEITHER PARTY SHALL INCUR UNREASONABLE DEBTS HEREAFTER, INCLUDING, BUT NOT LIMITED TO FURTHER BORROWING AGAINST ANY CREDIT LINE SECURED BY THE FAMILY RESIDENCE, FURTHER ENCUMBRANCING ANY ASSETS, OR UNREASONABLY USING CREDIT CARDS OR CASH ADVANCES AGAINST CREDIT CARDS, EXCEPT IN THE USUAL COURSE OF BUSINESS OR FOR CUSTOMARY OR USUAL HOUSEHOLD EXPENSES, OR FOR REASONABLE ATTORNEY'S FEES IN CONNECTION WITH THIS ACTION.
(4) NEITHER PARTY SHALL CAUSE THE OTHER PARTY OR THE CHILDREN OF THE MARRIAGE TO BE REMOVED FROM ANY EXISTING MEDICAL, HOSPITAL AND DENTAL INSURANCE COVERAGE, AND EACH PARTY SHALL MAINTAIN THE EXISTING MEDICAL, HOSPITAL AND DENTAL INSURANCE COVERAGE IN FULL FORCE AND EFFECT.
(5) NEITHER PARTY SHALL CHANGE THE BENEFICIARIES OF ANY EXISTING LIFE INSURANCE POLICIES, AND EACH PARTY SHALL MAINTAIN THE EXISTING LIFE INSURANCE, AUTOMOBILE INSURANCE, HOMEOWNERS AND RENTERS INSURANCE POLICIES IN FULL FORCE AND EFFECT.
NOTICE TO DEFENDANT REGARDING HEALTH INSURANCE
UPON ENTRY OF A JUDGMENT IN THIS MATTER YOU MAY NO LONGER BE ALLOWED TO RECEIVE HEALTH COVERAGE UNDER YOUR SPOUSE=S HEALTH INSURANCE PLAN. YOU MAY BE ENTITLED TO PURCHASE HEALTH INSURANCE ON YOUR OWN OR THROUGH A COBRA OPTION, IF AVAILABLE; OTHERWISE YOU MAY BE REQUIRED TO SECURE HEALTH INSURANCE ON YOUR OWN.
SARAH J. LESZCZYNSKI, Esq.
Attorney for the Plaintiff
P.O. Box 180
22 Church Street
Canajoharie, New York 13317
(518) 673-3221
Aug. 31; Sept. 7, 14, 2012 12-07527