LeRoy Pennysaver & News

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Call for info 585-298-1220. 3/25 LEGAL NOTICE STATE OF NEWYORK SUPREME COURT : COUNTY OF GEN- ESEE COUNTY ENRIQUE GONZALO DIAZ-PEREZ, Action for Divorce. 8141 Lewiston Road, Batavia, NY 14020. DOB: 001-10-1984 SS No.: SUMMONS with ORDERS Plaintiff, AND VERIFIED COMPLAINT -vs- JOSSELYN IVETH CANADAS, 9309 York Road Index No.: Leroy, NY 14482. DOB: 12-29-1991. SS No.: Unk. Defendant. ACTION FOR DIVORCE To the Defen- dant: YOU ARE HEREBY SUMMONED AND REQUIRED TO RESPOND TO THIS SUMMONS and to the requests for relief made by the Plaintiff by serv- ing a written Notice of Appearance on the Plaintiff’s attorney, at the address stated below. If this Summons with Notice was served upon you within the State of New York by personal delivery, you must respond WITHIN 20 DAYS after service, exclusive of the day of service. If this Summons with Notice was not personally delivered to you within the State of New York you must respond WITHIN 30 DAYS after service is complete in accordance with the re- quirements of the Civil Practice Law and Rules. THE NATURE OF THIS ACTION IS TO OBTAIN A JUDGMENT OF DIVORCE, DISSOLVING THE MARRIAGE RELA- TIONSHIP BETWEEN PLAINTIFF AND DEFENDANT. THIS ACTION FOR DIVORCE IS BASED UPON THE FOLLOWING GROUND OR GROUNDS: The irretrievable break down of the marriage, pursuant to Domestic Relations Law Section 170(7). THE RELIEF SOUGHT BY THE PLAIN- TIFF IN THIS ACTION IS A JUDGMENT DIVORCING THE PARTIES AND DIS- SOLVING THE MARITAL RELATION- SHIPWHICH HAS HERETOFORE EXISTED. PLAINTIFF ALSO REQUESTS THAT SUCH JUDGMENT GRANT THE FOLLOWING ITEMS OF ADDITIONAL AND ANCILLARY RELIEF: ‚ Awarding the Plaintiff an equita- ble share of the marital assets; ‚ Awarding the Plaintiff attorney fees; ‚ Directing the Defendant to pay her share of the marital debts; ‚ Directing the Defendant to be solely responsible for any debts in- curred after August 8, 2013; ‚ Granting the Defendant the right to resume the use of any maiden name or other premarriage surname to wit: CANADAS. Awarding Plaintiff such other and further relief as to the Court may seem just and proper, together with the costs and disbursements of this action. IN THE EVENT THAT YOU FAIL TO AP- PEAR OR ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU, by default, for the relief demanded in this Sum- mons and Verified Complaint.. Dated: September 24, 2017 Yours, etc., NOEMI FERNANDEZ, ESQ. LAW OFFICES OF NOEMI FERNANDEZ, PLLC Attorney for Plaintiff 69 Dela- ware Avenue, Suite 603, Buffalo, NY 14202 (716) 842-1379 BE ADVISED, that once the Judgment is signed in the above matter, a party thereto may or may not be eligible to be covered under the other par- ty's health insurance plan, depend- ing on the terms of the Plan. BE ADVISED, simultaneous with and as a part of the service of the Sum- mons herein, you are being served with Automatic Orders set forth hereafter. The Automatic Orders shall be binding upon the Plaintiff in the matrimonial action immediately upon the filing of the Summons, or Summons and Complaint, and upon the Defendant immediately upon the service of the within Automatic Orders and Summons [this docu- ment]. The Automatic Orders shall remain in full force and effect during the pendency of the above action, unless terminated, modified or amended by further Order of the court upon motion of either of the parties or upon written agreement between the parties duly executed and acknowledged. The Automatic Orders are as follows: ORDERED, (1) Neither party shall sell, transfer, encumber, conceal, as- sign, 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, mu- tual 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; and it is further ORDERED, (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 ac- counts, 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 pay- ments of any kind, without the con- sent of the other party in writing, or upon further Order of the court; and it is further ORDERED, (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 reason- able attorney's fees in connection with this action; and it is further ORDERED, (4) Neither party shall cause the other party or the chil- dren of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each party shall maintain the ex- isting medical, hospital and dental insurance coverage in full force and effect; and it is further ORDERED, (5) Neither party shall change the beneficiaries of any existing life insurance policies, and each party shall maintain the ex- isting life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect. STATE OF NEWYORK SUPREME COURT : COUNTY OF GEN- ESEE COUNTY ENRIQUE GONZALO DIAZ-PEREZ, Plaintiff, VERIFIED COMPLAINT -vs- JOSSELYN IVETH CANADAS, Index No.: Defendant. The Plaintiff, ENRIQUE GONZALO DIAZ-PEREZ, by his attorney, NOEMI FERNANDEZ, ESQ., hereby states upon informa- tion and belief: 1. That during a consecutive period of a least two (2) years before the commencement of this action, the Plaintiff was and is still a resident of the County of Genesee and State of New York. 2. That during a consecutive period of at least two (2) years before the commencement of the action, the Defendant was and is still a resident of Genesee County and the State of New York. 3. That the Plaintiff and Defendant were married on the 10th day of August 2011 in the City of Batavia, New York.. 4. There were is no issue of the mar- riage. 5. The Plaintiff does not expect for there to be any issue of this mar- riage. 6. The Plaintiff and the Defendant are both over eighteen (18) years of age. 7. That the Defendant’s maiden name is CANADAS. 8. That the Defendant is NOT in the service of any of the branches of the United States Armed Forces. 9. That the Plaintiff is not in the service of any of the branches of the United States Armed Forces. 10. That the Plaintiff has taken or will take prior to final entry of judgment in this matter, any steps solely within his power to remove any barrier to the remarriage of the Defendant. 11. That there has been no prior de- cree of divorce, separation, or annul- ment between the Plaintiff and the Defendant nor is there any action pending for such relief in a Court of this or any other jurisdiction to the best knowledge of the Plaintiff. 12. That there has been an irretriev- able break down of the marriage for a period of at least six (6) months. 13. That the irretrievable break down of the marriage has had an adverse impact upon the Plaintiff’s mental and physical well-being, so as to make it unsafe and improper for the Plaintiff to cohabit with the Defendant as hus- band and wife. WHEREFORE, the Plaintiff requests that this Court grant him a judgment of absolute divorce dissolving the marriage of the parties based upon the irretrievable break down of the marriage and awarding the Plaintiff the following relief: ‚ Awarding the Plaintiff an equita- ble share of the marital assets; ‚ Awarding the Plaintiff attorney fees; ‚ Directing the Defendant to pay her share of the marital debts prior to Auguest 28, 2013; ‚ Directing the Defendant to be solely responsible for any debts in- curred after August 28, 2013; ‚ Granting the Defendant the right to resume the use of any maiden name or other pre-marriage surname to wit: CAN- ADAS; ‚ Awarding Plaintiff such other and further relief as to the Court may seem just and proper, together with the costs and disbursements of this action. Dated: September 16, 2017 Enrique Gonzalo Diaz-Perez Plaintiff Don't waste precious time traveling around ... SHOP LOCALLY! Le Roy Pennysaver Mon.-Fri. 8 am to 5 pm