NO. D-202-DM-2014-01708

By on May 27, 2016

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT
NO. D-202-DM-2014-01708
Lora D. Jessamine, Petitioner/Counter-Respondent
vs.
Ian A. Vandermey, Respondent/Counter-Petitioner
NOTICE OF SUIT
STATE OF NEW MEXICO to the above-named RESPONDENT, GREETINGS:
You are hereby notified that the above-named PETITIONER has filed a civil action against you in the above entitled Court and cause, the general object thereof being:
PETITION FOR Counter Petition for Dissolution of Marriage and, that unless you enter your appearance in said cause on or before JUL 11 2016, judgment by default will be entered against you.
Name and address of PETITIONER or attorney(s):
Robert J. Aragon
Attorney for Respondent/Counter-Petitioner
2201 Menaul Blvd. NE
Albuquerque, NM 87107
WITNESS the Honorable JUDGE DEBRA RAMIREZ, District Judge of the Second Judicial District of the State of New Mexico, and the Seal of the District Court of Bernalillo County, this MAY 23, 2016.
JAMES A. NOEL
CLERK OF THE DISTRICT COURT
By /s/ Christine E. Martinez
Deputy Court Clerk

IN THE SECOND JUDICIAL DISTRICT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
NO. D-202-DM-2014-01708
LARA D.JESSAMINE,
Petitioner/Counter-Respondent,
v.
IAN A. VANDERMEY,
Respondent/Counter-Petitioner.
COUNTER-PETITION FOR DISSOLUTION OF MARRIAGE
COMES NOW Respondent/Counter-Petitioner, by and through his attorneys of record, the ARAGON LAW FIRM, P.C. (Robert J. Aragon), and for his Counter-Petition For Dissolution of Marriage, STATES:
l. Upon information and belief the Petitioner/Counter-Respondent is domiciled in New Mexico and has resided in Bernalillo County for at least six (6) months prior to the filing of this Petition for Dissolution of Marriage.
2. Respondent/Counter-Petitioner is domiciled in New Mexico and has resided in Bernalillo County for at least six (6) months prior to the filing of this Petition for Dissolution of Marriage.
3. Petitioner/Counter-Respondent and Respondent/Counter-Petitioner were married on July 20, 2013, in Albuquerque, New Mexico, and have been husband and wife since that time.
4. There are two (2) children born of the marriage to wit: Owen Vandermey, born XX-XX-2010, age 5, and Piper Vandermey, born XX-XX-2012, age 3. There are no other children born of the marriage and no children are expected.
5. Respondent/Counter-Petitioner is fit and proper party to have sole physical and legal custody of the minor children subject to the Petitioner-Counter-Respondent having supervised visitation.
6. Child support should be awarded according to the Child Support Guidelines for the State of New Mexico.
7. The parties have not participated in any prior litigation concerning the custody of the minor children.
8. It is in the best interest of the minor children that the Court assume jurisdiction because the parties’ and the children have a significant connection with New Mexico, and the minor children are physically present in New Mexico.
9. No proceedings to determine custody of the minor children are pending in a Court of another State exercising jurisdiction substantially and in conformity with the Child Custody Jurisdiction Act at the time of this Petition.
10. The minor children of the parties have lived, since their birth, with the Respondent/Counter-Petitioner and presently reside in the City of Albuquerque, County of Bernalillo, State of New Mexico.
11. The parties have acquired certain community property, which should be equally divided; there are community debts of the parties, which should be equitably divided.
12. The parties have separate property which should be ratified by the Court.
13. The parties have separate debts which should be ratified by the Court.
14. Each party is capable of supporting himself or herself without contribution from the other. Neither party should pay alimony or spousal support to the other.
15. A state of incompatibility exists between the parties’ because of discord and conflict of personalities. The legitimate ends of the marriage relationship have been destroyed and there is not responsible expectation of reconciliation.
WHEREFORE, Respondent/Counter-Petitioner prays the Court for the following:
1. For a dissolution of the marital relationship on the grounds of incompatibility and irreconcilable differences.
2. For equitable division of the parties’ community assets and debts.
3. For the parties separate property to be ratified by the Court.
4. For the parties separate debts to be ratified by the Court.
5. For the Respondent/Counter-Petitioner to have sole physical and legal custody of the parties’ minor children subject to the Petitioner/Counter-Respondent having supervised visitation.
6. For child support to be set in accordance with the New Mexico Child Support Guidelines.
7. For such other and further relief as the Court may deem just and proper.
Respectfully submitted,
ARAGON LAW FIRM, P.C.
“Electronically filed”
By /s/ Robert J. Aragon-electronic signature
Robert J. Aragon
Attorney for Respondent/Counter-Respondent
2201 Menual Blvd. NE.
Albuquerque, New Mexico 87107
(505) 872-3022 – Office
VERIFICATION
STATE OF NEW MEXICO
ss.
COUNTY OF BERNALILLO
I, Ian A. Vandermay, being first duly sworn upon oath depose and
state that I am a party in the above entitled matter, I have read the foregoing and know the contents therein, and the matters stated are true and correct to the best of my knowledge.
/s/ Ian A. Vandermey
SUBSCRIBED AND SWORN TO before me this 25th day of February, 2016.
/s/ Christine Ann Valdez
NOTARY PUBLIC
My Commission Expires:
3-11-2017

IN THE SECOND JUDICIAL DISTRICT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
NO. D-202-DM-2014-01708
LARA D. JESSAMINE,
Petitioner/Counter-Respondent,
v.
IAN A. VANDERMEY,
Respondent/Counter-Petitioner.
ORDER FOR PROCESS
BY PUBLICATION IN A NEWSPAPER
THIS MATTER having come before the Court on Respondent/Counter-Petitioner’s Motion for Order for Process by Publications in A Newspaper, the Court being otherwise fully advised in the premises FINDS:
1 . The Court has jurisdiction over the parties and the subject matter herein.
2. Respondent/Counter-Petitioner, Ian Vandermay filed his Counter-Petition for Dissolution of Marriage on February 29, 2016.
3. Respondent/Counter-Petitioner is unaware of the Petitioner/Counter-Respondent’s whereabouts. Petitioner/Counter-Respondent’s last known address is: 8311 Trumbull Street SE#A, Albuquerque, New Mexico 87108.
4. That since Respondent/Counter-Petitioner is unable to locate the Petitioner/Counter-Respondent service cannot reasonably be made, except by publication.
5. The Court finds the Respondent/Counter-Petitioner has made a diligent effort to make personal service upon the Petitioner, Counter-Respondent, whose last known address is: 8311 Trumbull Street SE#A, Albuquerque, New Mexico 87108.
6. The Court further finds that the newspaper of general circulation in this county is the Albuquerque Journal and that this newspaper is most likely to give the
Petitioner/Counter-Respondent notice of the pendency of the above captioned action.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED
1. That the Respondent/Counter-Petitioner, Ian Vandermay, service of process on the Petitioner/Counter-Respondent, Lara D. Jessamine shall be served by publication once a week in the Health City Sun for a period of three consecutive weeks.
2. That the Petitioner, Counter-Respondent, Ian Vandermay, shall file Proof of Service with a copy of the Affidavit of Publication when service has been completed. Date this _ day of May, 2016
/s/ Debra Ramirez
THE HONORABLE DEBRA RAMIREZ
SECOND JUDICIAL COURT JUDGE
HCS Pub. May 27, June 3, 10, 2016

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