Times Union, SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY SHAMEA MACKEY-MILLER, Plaintiff, -against- PAUL D. MILLER, Defendant. SUMMONS WITH NOTICE Index No.: 1877-12 RJI No.: 01-12-106559 ACTION FOR DIVORCE To the above named Defendant YOU ARE HEREBY SUMMONED to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the date of service (or within 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 may be taken against you by default for the relief demanded in the notice set forth below. Dated: March 30, 3012 DiSTEFANO LAW OFFICES, ESQS. Richard T. DiStefano, of counsel Attorney(s) for Plaintiff Office and P.O. Address: 40 Colvin Ave., Suite 104 Albany, New York 12206 Telephone: (518) 446-1696 NOTICE: The nature of this action is to obtain a judgment of divorce dissolving the marriage between the parties on the grounds of abandonment by the Defendant, Paul D. Miller, pursuant to Section 170(2) of the New York State Domestic Relations Law. The relief sought is, A judgment of absolute divorce in favor of the Plaintiff dissolving forever the bonds of matrimony between the parties in this action; granting leave to the parties to resume their premarriage surnames or any other former surname; and granting plaintiff such other and further relief as the Court may deem just and proper. STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY SHAMEA MACKEY-MILLER, Plaintiff, -against- PAUL D. MILLER, Defendant. VERIFIED COMPLAINT Index No. 1877-12 Plaintiff, Shamea Mackey-Miller, by her attorneys, Di Stefano Law Offices, Esqs, Richard T. DiStefano of counsel, as and for her verified complaint, respectfully alleges and shows the Court as follows: 1. The Plaintiff and Defendant were married on the 29th day of June, 1994 in the City of Albany, County of Albany, State of New York, and were over the age of eighteen (18) years at the time of the commencement of this action. 2. The Plaintiff and Defendant resided in the State of New York as husband and wife from June 29, 1994 to June of 2000, and were residents of the State of New York at the commencement of this marriage, and Plaintiff has been resident therefor for a continuous period of more than ten years immediately preceding the commencement of this action. 3. That no decree, judgment, or order of divorce, annulment or dissolution of marriage has been granted to the Defendant, against the Plaintiff or to the Plaintiff against the Defendant in any court of the state or in any court of any other state, territory, foreign country or dependency. 4. The Plaintiff has taken , or prior to entry of final judgment the Plaintiff will take, all steps solely within her power to remove any barrier to the Defendant's remarriage following the divorce sought herein. 5. That there are no children, the issue of said marriage. 6. That the Defendant, in or about July of 1994, abandoned the marital residence at 41A Lark Drive, Albany, New York 12110. Defendant fled Albany to avoid prosecution on drug sale charges. 7. That the Plaintiff has had absolutely no contact with the Defendant since the summer of 2000 and knows Defendant to have been deported to Jamaica after a conviction for selling drugs in Albany County Court in June of 2001. Plaintiff has spoken to Defendant's relatives and confirmed that he is in Jamaica and is forbidden from reentering the United States. 8. The Defendant's conduct and ill treatment of Plaintiff as aforesaid was wanton and unprovoked; that they were designed and done with the intent and effect of causing Plaintiff extreme physical and emotional pain; and as consequence thereof, Plaintiff has suffered humiliation, embarrassment and shame, mental anxiety and torment, and physical distress. 9. During the entire marriage, Plaintiff was a faithful, dutiful and devoted spouse of Defendant, and duly performed all of the duties, responsibilities and obligations associated therewith. WHEREFORE, Plaintiff demands judgment: (a) Dissolving the marriage now existing between Plaintiff and Defendant upon the ground of Defendant's abandonment of the Plaintiff. (b) Granting leave to the parties to resume their premarriage surnames or any other former surname; and (c) Granting Plaintiff such other and further relief as the Court may deem just and proper. Dated: March 30, 2012 Richard T. Di Stefano DiSTEFANO LAW OFFICES, ESQS. 40 Colvin Avenue, Suite 104 Albany, New York 12206 (518) 446-1696 STATE OF NEW YORK : : SS.: COUNTY OF ALBANY : I am the Plaintiff in the within action for divorce. I have read the foregoing Complaint and know the contents thereof. The contents are true to my knowledge except as to those matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. Shamea Mackey SHAMEA MACKEY MILLER Sworn to before me this 30th day of March, 2012 Kim Marie William Notary Public-State of New York Kim Marie Williams Notary Public, State of New York Registration #01WI4682093 Qualified in Rensselaer County Commission Expires 11/30/2014 TU-3t(3714461)
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