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Summons With Notice

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS

--------------------------------------------------------X                     Index No. 54068/17
SANDRA F. LEWIS,                                                           Date Summons Filed: September 1, 2017
                        Plaintiff,                                                     Plaintiff designates Kings County as the place of trial.

                                                                                           The basis of venue is Plaintiff's residence.

                -against-                                                            SUMMONS WITH NOTICE

                                                                                           Plaintiff resides at 335 Lefferts Avenue, Apt. D11,
                                                                                           Brooklyn, New York 11225.

DARON WALKER,
                        Defendant.
--------------------------------------------------------X

 

ACTION FOR DIVORCE

To the above named Defendant:

                        YOU ARE HEREBY SUMMONED to serve a notice of appearance on the Plaintiff's Attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete 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 by default for the relief demanded in the notice set forth below.

Dated: August 29, 2017

                                                                                    _______________________________
                                                                                                  Jeffrey B. Peltz, Esq
                                                                                                  JEFFREY B. PELTZ, PC
                                                                                                  Attorneys for Plaintiff
                                                                                                  26 Court St, Ste 503
                                                                                                  Brooklyn, NY 11242
                                                                                                  (718) 625-0800

 

NOTICE: The nature of this action is to dissolve the marriage between the parties, on the grounds: DRL Section 170 subd. (2) - the abandonment of the Plaintiff by the Defendant for a period of more than one year.

The relief sought is a judgment of absolute divorce in favor of the Plaintiff dissolving the marriage between the parties in this action. The nature of any ancillary or additional relief demanded is:

That the Family Court shall have concurrent jurisdiction with the Supreme Court with respect to any future issues of maintenance.

That the parties do not require payment of counsel and experts' fees and expenses.

That the Court grant such other and further relief as the Court may deem fit and proper.

The parties have divided up the marital property, and no claim will be made by either party under equitable distribution.

(Form UD-1 - 1/25/16)

 

NOTICE OF ENTRY OF AUTOMATIC ORDERS (D.R.L. 236) Rev. 1/13
FAILURE TO COMPLY WITH THESE ORDERS MAY BE DEEMED
A CONTEMPT OF COURT

PURSUANT TO the Uniform Rules of the Trial Courts, and DOMESTIC RELATIONS LAW Section 236, Part B, Section 2, both you and your spouse (the parties) are bound by the following AUTOMATIC ORDERS, which have been entered against you and your spouse in your divorce action pursuant to 22 NYCRR Section 202.16(a), and which shall remain in full force and effect during the pendency of the action, unless terminated, modified or amended by further order of the court or upon written agreement between the parties:

(1)  ORDERED: 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 fee in connection with this action.

(2)  ORDERED: 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)  ORDERED: 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 housing expenses, or for reasonable attorney's fees in connection with this action.

(4)  ORDERED: 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)  ORDERED: 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.

IMPORTANT NOTE: After service of Summons with Notice or Summons and Complaint for divorce, if you or your spouse wishes to modify or dissolve the automatic orders, you must ask the court for approval to do so, or enter into a written modification agreement with your spouse duly signed and acknowledged before a notary public.

NOTICE CONCERNING CONTINUATION OF
HEALTH CARE COVERAGE
(Required by Section 255(1) of the Domestic Relations Law)

PLEASE TAKE NOTICE that once a judgment of divorce is signed in this action, both you and your spouse may or may not continue to be eligible for coverage under each other's health insurance plan, depending on the terms of the plan.

NOTICE OF GUIDELINE MAINTENANCE

If your divorce was commenced on or after January 25, 2016, this Notice is required to be given to you by the Supreme Court of the county where your divorce was filed to comply with the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015) because you may not have counsel in this action to advise you. It does not mean that your spouse (the person you are married to) is seeking or offering an award of "Maintenance" in this action. "Maintenance" means the amount to be paid to the other spouse for support after the divorce is final.

You are hereby given notice that under the Maintenance Guidelines Law (Chapter 269, Laws of 2015), there is an obligation to award the guideline amount of maintenance on income up to $184,000 to be paid by the party with the higher income (the maintenance payor) to the party with the lower income (the maintenance payee) according to a formula, unless the parties agree otherwise or waive this right. Depending on the incomes of the parties, the obligation might fall on either the Plaintiff or Defendant in the action. 

There are two formulas to determine the amount of the obligation. If you and your spouse have no children, the higher formula will apply. If there are children of the marriage, the lower formula will apply, but only if the maintenance payor is paying child support to the other spouse who has the children as the custodial parent. Otherwise the higher formula will apply.

Lower Formula

1.  Multiply Maintenance Payor's Income by 20%.
2.  Multiply Maintenance Payee's Income by 25%.
Subtract Line 2 from Line 1 = Result 1
Subtract Maintenance Payee's Income from 40% of Combined Income* = Result 2.
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE LOWER FORMULA.

Higher Formula

1.  Multiply Maintenance Payor's Income by 30%
2.  Multiply Maintenance Payee's Income by 20%
Subtract Line 2 from Line 1 = Result 1
Subtract Maintenance Payee's Income from 40% of Combined Income* = Result 2
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE HIGHER FORMULA.

* Combined Income equals Maintenance Payor's Income up to $184,000 plus Maintenance Payee's Income.

Note: The Court will determine how long maintenance will be paid in accordance with the statute.


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