Legacy Complete Case Scan September 04, 2024 (2024)

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On September 22, 2023 aLegacy Complete Case Scanwas filedinvolving a dispute betweenJones, Amber L,andBradley, Brianna A,for Civil Domestic without Claim for absolute divorcein the District Court of Polk County.

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oOSTATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICECOUNTY OF POLK DISTRICT COURT DIVISIONPOLK COUNTY, on behalf of FILE # 23CVD223 IV-D#: 8906947AMBER L. JONES. PLAINTIFF VS . ORDERBRIANNA A. BRADLEY, DEFENDANT. THIS coming on to be heard and being heard before the undersigned JudgePresiding “s Motion; AND THE COURT, inquiring into the matter, find thefollowing fatts=of 1. That the Defendant (id not) appear personally before the Court. 2. That the Defendant, as of D : A\. 2004 was in arrears of $ 1D0.00 in support payments.() 3. The Plaintiff/Defendant requests their motion be withdrawn.() 4. Other: WHEREFORE, IT IS CONCLUDED AS A MATTER OF LAW:(X) 1. That this Court has jurisdiction in this matter.() 2. This matter should be continued.() 3. This matter should be denied for failure to prosecute.(.) 4. This matter should be withdrawn. IT IS NOW, THEREFORE, ORDERED:() 1. This matter shall be continued until , at which time theDefendant shall appear in District Court at 8:30 a.m.(_) 2. This matter shall be denied for failure to prosecute.(_) 3. Plaintiff/Defendant motion shall be withdrawn. 4. Special Order: Effective ls. |. B0d4 , Defendant shall pay O per month towards arrears in addition to the current child supportobligation of $ .0O per month for a total monthly payment of $_ (00:00 _.Arrears payment shall continue until arrears paid in full. THIS the 7" day of JUNE 2024. DISTRICT COURT JUDGE PRESIDING Abe HudsonCERTIFICATE OF SERVICE This is to certify that the undersigned has this date served a copy of the”foregoing Order from the hearing upon all otherparties to this cause by: sending a copy to the parties by facsimile. hand delivery a copy to the parties Xx depositing a copy thereof in a postpaid wrapper in a post office or officialdepository under the exclusive care and custody of the United States PostalService to the attorneys of record for said parties, or said parties. This the __\2\__ dayof une. 20 A4 STEPHEN ALLINGER Polk Child Support Enforcement 40 Coxe Avenue, 2" Floor Asheville NC 28802 (828)250-6340 N.C. Bar# 54085—_—_ema‘ 0 DOCKET # 23CVD000223 Iv-D # 0008906947 RETURN OF SERVICE certify that this ORDER TO SHOW CAUSE WASRECEIVED AND SERVED AS FOLLOWS 10M HAY 1) > 3,98 Date Served i ‘ POLK COUN — Supporting/\Part: ny J BY. By dehvering to the supporting party named above a copy of this Order —__— By leaving a copy of this Order at the dwelling house or usual place of abode of the supporting party named above with a person of suitable age and discretion then residing therein Name and address of person with whom copies left - ~ - - ~ itL ~ a - . t - x The supporting party WAS NoT served for the following reason Date received |Name of Sheriff 5.7.04 |_A Norman Date of return I ‘county 5-\3-94 Cleveland | Service Fee —. paid —— due [Deputy Sheriff Making Return IM. — -- ee aoe wee ee woe one DSS- 4663 (02/17) css/ACTS© oewe ~ ae a a= we ee es _—. -' 6 ee “ 1 O°: 2 POLK COUNTY CHILD SUPPORT ENFORCEMENT 05/02/2024 231 WOLVERINE TRAIL IV-D CASE # 0008906947 MILL SPRING, NC 28756 CP MPI # 0003424406 NCP MPI # 0004604857 RESPONSIBLE AGENT POLK1001 FILED ‘ oH HAY 17 P 3-08 i POLK COUNTY, CSC ' BY. CLEVELAND COUNTY SHERIFF OFFICE PO BOX 1508 ‘ SHELBY, NC 28151 RE AMBER L JONES aon- vs BRIANNA A BRADLEY Dear Sheriff The following information 1s supplied to assist you in serving the enclosed document (s) [Subject BRIANNA ALEXIS BRADLEY Address 259 S RIVER RD 4 8823 |Telephone 828-744 6315 st Nc | |Alaas BRADLEY BRIANNA Employment. SSN XXX-XX- 6078 |DoB 09/19/2000 Race WH SexF ID Marks |Father's Name Mother's Name ‘ Vehicle 1 Yr Make t Model Plate st [Vehacle 2 Xr Make Model Plate St This action is filed by the POLK County Child Support Enforcement ncy incrrel:aoe we ee ~~ wo wee ws REBE [ARRINER CASE GER 828-894 5733 . 4 DSS-4605 (10/14) css/aAcTS“>ee —.- a _ enSTATE OF NORTH CAROLINA IN THE cen fen COURT OF JUSTICE DISTRICT COURT DIVISIONCOUNTY OF POLK DOCKET# 23CVD223 IV-D# 8906947POLK COUNTYOn behalf of at ~ A,AMBER L. JONES, Plaintiff,Vs.BRIANNA A. BRADLEY, MOTION TO ADD ARREARS PAYMENT Defendant.NOW COMES Polk Child Support Services Agency, pursuant to N.C.G.S. § 50-13.4(f) and/or otherapplicable law, and moves the Court to order a monthly arrears payment; and as grounds thereforeshows unto the Court the following: 1 An Order was entered by this Court ordering the Defendant to pay monthly ongoing child support for the support of his/her minor child(ren). 2 The Defendant has accrued arrears under the ongoing support Order and does not have a monthly ordered amount to pay the arrears of past due child support.WHEREFORE Plaintiff prays that the Court: 4 Order that the Defendant pay an additional amount per month to be applied to arrears until such time that arrears have been paid and satisfied in full. 2. Grant such other relief that the Court deems just and proper.This the 3 day of Maxy 2004. ST EN ALLINGER Attorney for Polk Child Support Services 40 Coxe Ave 2 FI Asheville, NC 28802 (828) 250-6340 NC Bar #540850STATE OF NORTH CAROLINAVERIFICATIONCOUNTY OF POLK Rebecca Warriner, being first duly sworn, deposes and says she is the agent forthe Polk County Child Support Enforcement Agency, that she has read the foregoingMotion, and knows the same to be true, except as to those matters stated therein oninformation and belief, and as to those matters and things, she believes them to be true. GENTPolk County, NC| certify that the following person personally appeared before me this date,acknowledging to me that she voluntarily signed the forgoing document for the purposestates therein and in the capacity indicated:Rebecca Warriner, Case ManagerSWORN TO AND SUBSCRIBED before me, this the lg day of Cut , 2024 . Na APS Jose G BeltranNotary Public NOTARY PUBLIC Polk County, NC ale la My Commission Expires September 2, 2024My Commission Expiresye my ve wee " :-- -STATE OF NORTH CAROLINA 0 IN THE GENERAL COURT OF JUSTICECOUNTY OF POLK DISTRICT COURT DIVISION DOCKET # 23CVD000223 Iv-D # 0008906947POLK COUNTY )on behalf of x y 7 NOBICE OF HEARINGAMBER L JONES plaintit f,) vsBRIANNA A BRADLEY Def: canny] cTO BRIANNA A BRADLEY 259 S RIVER RD MOORESBORO, NC 28114-8823 PLEASE TAKE NOTICE that the undersigned will bring theMOTION TO ADD ARREARS PAYMENT for hearing on the 7THday of JUNE , 2024, at 09:00 AM, at the POLK CountyCourthouse, Room 001 , COLUMBUS ' North Carolina. sid i ood day of Moxy , 20.Xt. ZeDEZ IV-D ATTORNEY STEPHEN ALLINGER BUNCOMBE/POLK/TRANSYLVANIA IVD ATTY PO BOX 2450 ASHEVILLE, NC 28802 (828) 250-6340 Attorney Bar#: 3700054085DSS-4621 03/01CSS/ACTS For more information or online payments go to NCCHILDSUPPORT.NCDHHS.GOV@ DOCKET # 23CVvD000223 Iv-D # 0008906947 CERTIFICATE OF SERVICE (1)\ ae 4 A I, STEPHEN ALLINGER 1 ie eeeoe od Hy! Dhat on this day Iserved a copy of the attached Motion and Notic: e ring, by depositing a copythereof in a postpaid and properly addressed enve first class mail,addressed as follows: BRIANNA A BRADLEY 259 S RIVER RD MOORESBORO, NC 28114-8823 This the 4 day of Mow 20. ) ALZCAL IV-D ATTORNEY STEPHEN ALLINGER BUNCOMBE/POLK/TRANSYLVANIA IVD ATTY PO BOX 2450 ASHEVILLE, NC 28802 (828) 250-6340 Attorney Bar#: 3700054085DSS-4621 03/01CSS/ACTS For more information or online payments go to NCCHILDSUPPORT.NCDHHS.GOV® 6STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICECOUNTY OF POLK DISTRICT COURT DIVISION DOCKET # 23CVD000223 Iv-D # 0008906947POLK COUNTY )on behalf of ) NOTICE OF HEARINGAMBER L JONES Plaintif£,) 15 r vsBRIANNA A BRADLEY Defendant.)TO: AMBER L JONES 48 LITTLE CHIEF WAY COLUMBUS, NC 28722 KS PLEASE TAKE NOTICE that the undersigned will bring theMOTION TO ADD ARREARS PAYMENT for hearing on the 7THday of JUNE 1 2024, at 09:00 AM, at the POLK countyCourthouse, Room 001 , COLUMBUS 1 North Carolina. whis the 9 day of Moy oat. IV-D ATTORNEY STEPHEN ALLINGER Foz) BUNCOMBE/POLK/TRANSYLVANIA IVD ATTY PO BOX 2450 ASHEVILLE, NC 28802 (828) 250-6340 Attorney Bar#: 3700054085DSs-4621 03/01CSS/ACTS For more information or online payments go to NCCHILDSUPPORT.NCDHHS.GOV6 DOCKET # 23CVD000223 Iv-D # 0008906947 CERTIFICATE OF SERVICE. : (1) ai I, STEPHEN ALLINGER ’ do nerdy Seb Bity that on this day Iserved a copy of the attached Motion and Notice of Hearing by depositing a copythereof in a postpaid and properly addressed ‘Lope, first class mail,addressed as follows: AMBER L JONES 48 LITTLE CHIEF WAY COLUMBUS, NC 28722 This the 1 day of Ma J O Zaz S84 IV-D ATTORNEY STEPHEN ALLINGER BUNCOMBE/POLK/TRANSYLVANIA IVD ATTY PO BOX 2450 ASHEVILLE, NC 28802 (828) 250-6340 Attorney Bar#: 3700054085DSS-4621 03/01CSS/ACTS For more information or online payments go to NCCHILDSUPPORT.NCDHHS.GOVSTATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICECOUNTY OF POL DISTRICT COURT DIVISION DOCKET # 23CVD000223 Iv-D # 0008906947POLKon behalf of COUNTY FILEDAMBER L JONES 224 HAYnn A 10 20 Plaintiff, ORDER TO APPEAR AND SHOW vs ih Tu. SQGAUSE FOR FAILURE TO COMPLYBRIANNA A BRADLEY ) SUPPORT ORDER AND ORDER TO Defendant ) PRODUCE RECORDS Sto multiple 30Name and address of supporting party | Employer name and addre.BRIANNA A BRADLEY259 S RIVER RD You ar ‘e sub} NC 28114-8823| day senten ces up to 6 monthsMOORESBORO the number ofSocial Security Number XXX-XX-6078 | based upon | | missed payments.TO THE SUPPORTING PARTY NAMED ABOVEThe undersigned finds that there is probable cause to believe that you are in contempt forfailure to comply with the order(s) of this Court and/or you have failed to comply withother provisions of the order indicated below. Your account is now in arrears in the amountindicated below. Additional payments may be due priorto the hearing date. YOU ARE ORDERED to appear in person at the place, date and time indicatedbelow to show cause why you should not be subject to income withholding or held in contemptof court for failing to comply with the lawful orders of this Court. The Court may orderincome withholding if you are delinquent in an amount equal to the support for one monthIf income withholding is ordered, it will apply to your current employer and all subsequentemployers and will be continued until terminated pursuant to G.S.110-136.10. Ifincomewithholding is not an available or adequate remedy, the Court may proceed with contempt.impose a lien or require you to post a bond, or use other available remedies allowed by law.Pursuant to federal regulation, you are notified that your ability to pay constitutes thecritical question in the civil contempt action. If the Court finds you in civil contempt,you may be committed to jail for as long as the civil contempt continues. If the Courtfinds you in criminal contempt, you may be fined up to $500, imprisoned for up to 120 days,or both. YOU ARE FURTHER ORDERED to bring with you all recordsand information relating to your employment and the amount and source of yourdisposable income. FAILURE TO APPEAR OR FAILURE TO BRING THESE RECORDS ANDINFORMATION WILL BE GROUNDS FOR CONTEMPT.PLACE: POLK COUNTY COURTHOUSE | DATE: 06/07/2024 | TIME: 09:00 AM 1 COURTHOUSE SQUARE | | | | COLUMBUS NC 28722 | | | !TOTAL AMOUNT PAST DUE SUPPORT: $50.00 AS OF 05/01/2024TOTAL AMT DUE UNDER TERMS OF LAST ORDER $50.00 AS OF 05/01/2024DATE OF SUPPORT ORDER: 04/05/2024Notice to Sheriff | Date: S77This Order must be returned to the Clerk | Signaturesno later than this date | asst CSC__DSS-4663 (02/17)css/ACTSSTATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICECOUNTY OF POLK DISTRICT COURT DIVISION DOCKET # 23CVD000223 Iv-D # 0008906947POLKon behalf of COUNTY FILEDAMBER L JONES WAMAY-7 A O21 Plaintiff, gnw. OUNTY d on vs. ) MOTION FOR ORDER TO ) os SHOW CAUSEBRIANNA A BRADLEY ) Defendant. ) The undersigned, being first duly sworn, says that he/she has aninterest in enforcing the orders of the Court in this action and respectfullypresents to the Court the following information in support of this motion. 1. By Order of this Court dated 04/05/2024, the Obligor was required topay $50.00 monthly as support. 2. The Obligor has willfully failed to comply with that Order in thathe/she has failed to pay the court ordered support. 3. Lam informed and believe that the Obligor has the means to complywith that Order. I request that the Court issue an order to the Obligor to appear andshow cause, if any why he/she should not be held in civil or criminal contemptfor his/her failure to comply with the Court's order. This the day of, OY dort STEPHEN ALLINGER BUNCOMBE/POLK/TRANSYLVANIA IVD ATTY PO BOX 2450 ASHEVILLE NC 28802 (828) 250-6340 Attorney Bar#: 3700054085 VERIFICATION I the undersigned, being first duly sworn, say that this motion i;to my own knowledge, except as to those matters stated upon ipbelief and as to those I believe them to be true. |_~) } WOA AY LW EBEQCA WARRINER CASE ‘MANAGERSworn and subscribed to before methis the Le day of. mau PhMy Neca tr. hn commission expires: | 2 |2 Jose G Beltran NOTARY PUBLIC Polk County, NC My Commission Expires September 2, 2024aa . “oee NORTH CAROLINA “ DEPARTMENT OF HEALTH AND HUMAN SERVICES CHILD SUPPORT ENFORCEMENTAMBER L. JONES ) FI L Bont Parent: Custodian, aha aay . 1 BRIANNA A. BRADLEY SAMO 2 | XXX-XX-6078 vs. Dn ban Client Name ) v AMI JONESBRIANNA A. BRADLEY ) Iv-D # 0008906947 Defendant.) DOCKET # 23CVD000223 AFFIDAVIT OF ARREARSI, the undersigned, affirm and certify: a That the above-reference Obligor was ordered to pay child supportin the amount of $50.00 monthly 2. That the aforementioned Obligor is in arrears under theaforementioned order in the amount of $50.00 as of 05/02/2024. lagehcy Representative)Subscribed and sworn before me oethis the Lo day of Mont ‘ por Jose G Beltran NOTARY PUBLIC "oeTh Fite, Polk County, NC My Commission Expires September 2, 2024Notary PublicMy Commission expires: Biz: leaDSS-4648 (10/09)Css/ACTSPOLK COUNTY CHILD SUPPORT oO ENFORCEMENT 6 05/02/2024231 WOLVERINE TRAIL Iv D CASE # 0008906947MILL SPRING, NC 28756 CP MPI # 0003424406 NCP MPI # 0004604857 RESPONSIBLE AGENT POLK1001CLEVELAND COUNTY SHERIFF OFFICEPO BOX 1508 iSHELBY, NC 28151 1RE AMBER L JONES vs BRIANNA A BRADLEYDear SheriffThe following information 1s supplied to assist you 1n serving the encloseddocument (s)[Subject BRIANNA ALEXIS BRADLEY|Address 259 S RIVER RD MOORESBORO NC_28114 8823 6315. St NC|Alaas BRADLEY SSN XXX _ XX 6078[DoB 09/19/2000 Race WH SexF ID Marks en E| Father ' s Name Vehicle 1 Yr Make Model Plate st Yr Make Model Plate StThis action 1s filed by the POLK County Child Support EnforcementAgency rely,REBEt JARRINERCASE IAGER828-894-5733Dss 4605 (10/14)css/actTsA DOCKET # 23CVD000223 Iv D # 0008906947 RETURN OF SERVICEcertify that this ORDER TO SHOW CAUSE WAS RECEIVED AND SERVED AS FOLLOWSDate Served [Ne of Supportin: Part)——__— By dehvermg to the supporting party named above a copy of this Order—___. By leaving a copy of this Order at the dwelling house or usual place of abode of the supporting party named above with a person of suitable age and discretion then residing there :Name and address of person with whom copies left The supporting party WAS NOT served for the followmg reasonDate received |Name of Sheriff | |Date of return |County |Service Fee —— paid —. due [Peputy Sheriff Making Return |DSS 4663 (02/17)css/ACTSSTATE OF NORTH CAROLINA ® IN THE GENERAL COURT OF JUSTICECOUNTY OF POLK DISTRICT COURT DIVISIONPOLK COUNTY on behalf of Docket #: 23CVD223 FILED IV-D #: 8906947AMBER L. JONES , Plaintiff 2024 APR -S P 12: 00 vs. ORDER POLK COUNTY, C.S.C/BRIANNA A, BRADLEY. DefendantTHIS CAUSE coming on to be heard on the 5™ day of APRIL 2024, upon Plaintiff's petition for:Complaint for ( ) Paternity (X) Support Medical Insurance Default ()AND THE COURT, INQUIRING INTO THE MATTER, FINDS THE FOLLOWING FACTS:(Xy1. Defendant dieéd Yappear personally before the Court. Plainti pear personally before the Court.()2. Defendant's Counsel appeared before the Court.(X) 3. Plaintiff is the saothes/Sathrer/other of the minor child(ren) and Defendant is the 4e¢hes/mother of the minor child(ren): Kin ton Paz 07/07/2020 _K: ie Ave! 09/04/2021Nu and has an income/potential income of $ ul oe per ionth.Ws Defendant is employed/unemptoyett with re. erise> Tine. and has an income/potential income of $_ \ \AL -o0 gross per month.( )6. Defendant is able to work and is unemployed/underemployed as a result of Defendant's bad faith or deliberate suppression of income to avoid or minimize his/her child support obligation.hz Insurance é vailable to the at a cost not exceeding five percent (5%) of his/her gross income.®s. The minor child(ren) currently receive Medicaid healthcare coverage.()9 Other factors affecting the guideline amount are: daycare paid by Plaintiff/Defendant $ ; other support orders paid by Plaintiff/Defendant $ ; credit for other children(X) 10. Based on the Guidelines, Defendant's child support obligation is $ 50 -©O __ per month, calculated using worksheet for child(ren).( ) 11. Plaintiff consented or did not object to deviate and order child support from the month of the date of hearing.yu In accordance with 42 USC § 651 et seq., and its implementing regulations, the Polk Child Support Services Agency can report this obligation to the appropriate credit reporting agency.Mus. Any State and Federal income tax refunds to which the Defendant may be entitled are to be applied to any arrears that may accrue from this Order as long as those arrears exist.( ) 14. Genetic tests for paternity determination have been conducted and indicate that a 99.99% probability of paternity exists. 15. Evidence establishes the Defendant as the Sathe#/mother of the child(ren) in this matter.( ) 16. Plaintiff has requested an Order for medical insurance only, as parties have an agreement outside of the Polk Child Support Services Agency for monetary child support.( )17, The parties looked at their respective earnings, income, and ability to provide support; and the current reasonable needs of the child/ren for support; and determined that this deviation is appropriate and in the best interests of the child/ren.( )18. OTHER:THE COURT CONCLUDES AS A MATTER OF LAW: 1, Default Judgment must be ordered, N.C.G.S. § 1A-1, N.C.R.Civ.P. Rule 55(b)(2).(X) 2. The Court has jurisdiction of the parties and the subject matter of this action. 3. Defendant is capable of supporting bieRerJninor child(ren) and should pay support.()4 Potential income should be imputed to Defendant based on work history, and/or qualifications and deliberate suppression of income, naive indifference, or bad faith.(ys. Gross income of the parties for Guideline calculation should be determined upon the figures found in Findings of Fact 4 and 5.We. In accordance with 42 USC § 651 et seq., and its implementing regulations, the Polk Child Support Services Agency can report this obligation to the appropriate credit reporting agency.()7. The effective date for prospective child support should be- -- ms -(8. e It is appropriate to deviate to order support from the month of the date of hearing or from the following monthKo. Any State and Federal income tax refunds to which Defendant may be entitled should be applied to any arrears that may accrue from this Order for as long as those arrears exist.ro Wage withholding should be ordered in this IV-D case 11, Plaintiff/Befemdent should provide or maintain medical insurance when it is available at a cost not exceeding five percent (5%) of his/her gross income. See N.C.G.S. § 50-13.11(a); 45 CFR § 303.31(b)(2); Health Insurance and Health Care Costs section of the Guidelines.x Defendant is the fathewmother of the minor child(ren): Kingston Paz 07/07/2020 _ Kyrie Avery 09/04/202:( -)13. This matter is hereby continued.(14. OTHER:(X) 15. The paragraphs checked below should be ordered.IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: Default Judgment is hereby entered against the Defendant in favor of the Plaintiff. Wage withholding is to be implemented with Defendant's employer. Defendant is the Sather/mother of the minor child(ren): Kingston Paz 07/07/2020__Kyrie Avery 09/04/2021a $20.00 Beginning Defendant is to pay to the NC Child Support Centralized Collections, PO Box 900006, Raleigh, North Carolina 27675-9006 the amount of 00 __ per month for child supportC5 Beginning Defendant is to pay to the NC Child Support Centralized Collections an additional amount of $ per month toward arrears of $me In accordance with 42 USC § 651 et seq., and its implementing fegulattonis, the Polk Child Support Services Agency shall report this obligation to the appropriate reporting agency.7 Any State and Federal income tax refunds will be applied to any arrears that may accrue from this Order for as long as Those arrears exist.(18, Plaintiff/Defendant is hereby ordered to obtain health insurance coverage for the minor child(ren) and notify either the Court or Polk Child Support Services Agency in writing within 30 days of it becoming available at a cost not exceeding five percent (5%) of his/her gross income, and of any changes or termination of coverage Plaintiff/Defeadantis hereby ordered to maintain health insurance coverage for the minor child(ren) when it is available at a cost not exceeding five percent (5%) of his/her gross income, and to notify either the Court or Polk Child Support Services Agency in writing within 30 days of any changes or termination of coverage. This provision is satisfied if Medicaid coverage is maintained for the minor children.M10. Defendant and Plaintiff shall keep the Polk Child Support Services Agency informed of their current addresses, telephone numbers, and employers.(11, This matter is continued to the day of 20 at which time Defendant and Plaintiff shall appearin Polk District Court at 9:00 a.m.(12. The child support Guideline is based on Defendant's zero income and may be reviewed when Defendant becomes employed and income verified, at the request of either party.Yu Current child support payments for the child(ren) shall terminate when the youngest child in this matter reaches the age of 18 except pursuant to N.C.G.S. § 50-13.4(0).() 14 OTHER: This the 5™ day of APRIL 2024 . LAW ISTRICT JUDGE PRESIDING0 0 | STATE OF NORTH CAROLINA In The General Court Of Justice | COUNTY OF POLK (x) District ( ) Superior Court Division | Docket # 3714923cvp000223 a FILED Iv D # 0008906947 fies Type (Code) cv CAMMY, ¢ $C Plaintiff WORK SHEET A (x) Civil AMBER POLK () Criminal | CHILD SUPPORT OBLIGATION BI STATE | VERSUS | PRIMARY CUSTODY Defendant |_BRIANNA, A_BRADLEY G S$ 50 13 4(c) Di ch hildren KINGSTON A PAZ 107/07/2020 KYRIE S_ AVERY 09/04/2021 ! l |

Case Info

Case No.

(Subscribe to View)

Document Filed Date

September 04, 2024

Case Filing Date

September 22, 2023

County

Category

Civil Domestic without Claim for absolute divorce

Status

Disposed - Trial by Judge

Parties

  • BRADLEY, BRIANNA ADefendant

  • JONES, AMBER LPlaintiff

  • POLK COParty

  • Pro SeAttorney for the Defendant

  • Pro SeAttorney for the Plaintiff

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Miler Lillia Torres vs. Julio Cesar Castillo

Sep 07, 2024 |FL0000636

DATE: 09/04/24 TIME: 9:00 A.M. DEPT: B CASE NO: FL0000636 PRESIDING: COM. JANET L. FRANKEL REPORTER: CLERK: ALEX URTON PETITIONER: MILER LILLIA TORRES and RESPONDENT: JULIO CESAR CASTILLO NATURE OF PROCEEDINGS: REQUEST FOR ORDER — CHILD/SPOUSAL SUPPORT/VISITATION; PROPERTY CONTROL; TEMPORARY SPOUSAL SUPPORT RULING This matter comes before the court on Petitioner/Mother Request for Order (RFO) filed July 9, 2024, seeking child custody, child visitation, child support, temporary spousal support, property control, and attorney’s fees. CUSTODY AND VISITATION - RESOLVED BY AGREEMENT The parents met with Family Court Services child recommending mediation counselors and reached agreements regarding custody and visitation of their minor child, Santiago, born September 19, 2008, on August 7, 2024. Those agreements were filed with the court on August 19, 2024. PROPERTY CONTROL Mother seeks exclusive use of the family residence at 1600 Hotchkin Drive in Novato. Mother asserts that the parties separated in December 2015, and Mother has continued to reside in the family residence, paying the house bills and expenses (carrying costs). Father lives in Vallejo and does not oppose Mother’s request for exclusive use if she pays the carrying costs. The court grants Mother’s request for exclusive use of the family residence, at 1600 Hotchkin Drive, Novato. The court further orders Mother to pay the carrying costs for the family residence pending further court order. The court reserves jurisdiction over all claims for reimbursements, charges, or credits related to the family residence. CHILD SUPPORT / PENDENTE LITE SPOUSAL SUPPORT / ATTORNEY’S FEES Mother seeks child support and pendente lite spousal support pursuant to guideline, and attorney’s fees. Mother’s RFO requests $7,500 in attorney’s fees (see page 4 of 4). Mother’s attorney’s declaration in support of Mother’s request seeks $10,000 in attorney’s fees.SRE a ESS SSFL0000636In her income and expense declaration, Mother asserts that her income from employment (salaryplus commissions/overtime) averages $5,645 per month, plus an average of $87 per month fromstate disability. She states she pays $75 per month in union dues. She claims $4,110 per month inexpenses, including the mortgage on the family residence in the amount of $2,130 per month.Mother does not provide any paystubs, tax returns, or other documents to support her income andexpense declaration, as required by the local rules. The court notes that Father did submit a copyof Mother’s 2023 tax return, which tells a different story regarding Mother’s monthly income.Mother’s request for child support, spousal support, and attorney’s fees is denied, withoutprejudice, due to Mother’s failure to comply with MCR Fam 7.13.Counsel for Father shall prepare the formal order after hearing.TEMPORARILY, UNDER CURRENT ORDERS, LITIGANTS WHO REQUIRE THEASSISTANCE OF A SPANISH LANGUAGE INTERPRETER ARE REQUIRED TOAPPEAR IN PERSON. INTERPRETER SERVICES FOR PERSONS APPEARING VIAZOOM ARE NOT AVAILABLE.Any party contesting the ruling and requesting oral argument shall appear in person orremotely through Zoom either by video or telephone. Please follow the guidelines set forth onthe court website at www.marin.courts.ca.govThe Zoom appearance information is as follows:September 2024, 9:00 a.m.Join Zoom MeetingAttps:/marin-courts-ca-gov.zoomgoy.com/j/1610592888? pwa=bDZNRVpPOy9SUGhTZEpFMONAMnZJdz09Meeting ID: 161 241 5928Passcode: 997712If you are only able to appear by phone you may dial the phone number below, follow theprompts and enter the meeting ID and passcode.+1-669-254-5252 US (San Jose)Meeting ID: 161 241 5928Passcode: 997712If a party and/or counsel elects to appear over Zoom they must follow proper Zoom etiquette.This includes joining the call five minutes early, speaking only one at a time, avoidingdisruptions, and wearing proper attire appropriate for a court environment. Parties must actand speak in a professional and respectful manner as though they are in an actual courtroom.If a party or counsel is unable to follow proper Zoom etiquette, the court may halt the hearingand order the parties to return in person.Page 2 of 2a

Ruling

IN THE MATTER OF: EMMANUEL TRE'VONNE MAGGET

Sep 09, 2024 |24STCP01507

Case Number: 24STCP01507 Hearing Date: September 9, 2024 Dept: 9 Petitioner must double check the spelling and legibility of the new name on the proposed decree. If Petitioner is satisfied with the spelling and legibility of the new name on the proposed decree, NO APPEARANCE IS NECESSARY. If the new name is not clearly written and correctly spelled on the proposed decree, Petitioner must appear at the6hearing to submit a corrected proposed decree. The petition is granted. A copy of the signed decree will be available in Room 112 of the Clerk's Office seven days after the date of the hearing. Once the proposed decree is signed, it cannot be amended without a new petition to change name.

Ruling

IN THE MATTER OF: ALCADIO JOSE ESQUEDA

Sep 09, 2024 |24STCP02081

Case Number: 24STCP02081 Hearing Date: September 9, 2024 Dept: 9 Petitioner must double check the spelling and legibility of the new name on the proposed decree. If Petitioner is satisfied with the spelling and legibility of the new name on the proposed decree, NO APPEARANCE IS NECESSARY. If the new name is not clearly written and correctly spelled on the proposed decree, Petitioner must appear at the6hearing to submit a corrected proposed decree. The petition is granted. A copy of the signed decree will be available in Room 112 of the Clerk's Office seven days after the date of the hearing. Once the proposed decree is signed, it cannot be amended without a new petition to change name.

Ruling

IN THE MATTER OF: VANESSA DE ALVA, ET AL.

Sep 09, 2024 |24STCP01108

Case Number: 24STCP01108 Hearing Date: September 9, 2024 Dept: 9 Petitioner must double check the spelling and legibility of the new name on the proposed decree. If Petitioner is satisfied with the spelling and legibility of the new name on the proposed decree, NO APPEARANCE IS NECESSARY. If the new name is not clearly written and correctly spelled on the proposed decree, Petitioner must appear at the6hearing to submit a corrected proposed decree. The petition is granted. A copy of the signed decree will be available in Room 112 of the Clerk's Office seven days after the date of the hearing. Once the proposed decree is signed, it cannot be amended without a new petition to change name.

Ruling

Leonard Wynn Brooks, Jr vs. Jaquana Moses

Sep 11, 2024 |FL0000749

DATE: 09/05/24 TIME: 9:00 A.M. DEPT: L CASE NO: FL0000749 PRESIDING: HON. MARK A. TALAMANTES REPORTER: CLERK: JENN CHARIFA PETITIONER: LEONARD WYNN BROOKS, JR. and RESPONDENT: JAQUANA MOSES NATURE OF PROCEEDINGS: REQUEST FOR ORDER — CHILD CUSTODY/VISITATION RULING The court issued Custody and Visitation Orders on April 18, 2024. This matter is on for review. No additional papers were filed by either parent. Both parents met with Marin Family Court Services (“FCS”) for mediation and counseling on the issues raised by Father. [Marin is a recommending county. (Family Code §3183; Marin County Rules, Family 7.17.A.)]. The report that the current orders in place are working well for the family. Together, these parents have one child. Jasmine just turned 4 on September 2, 2024. Custody and Visitation The court has reviewed the recent Report issued by FCS on August 27, 2024, and well as the prior report issues on April 12, 2024, and after review of the current orders issued on April 18, 2024, orders no changes to the current visitation schedule. TEMPORARILY, under current orders, litigants who require the assistance of a Spanish language interpreter shall appear in person. Interpreter services via video technology are not available. As authorized by CRC 5.125, the court will prepare the Findings and Order After Hearing. Parties must comply with Marin County Superior Court Local Rules, Rule 7.12(B), (C), which provide that If a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court2 Rs ee cr I a A EE SSS SSFL0000749and all parties have been notified of a request to present oral argument, no oral argument willbe permitted except by order of the Court. In the event no party requests oral argument inaccordance with Rule 7.12(C), the tentative ruling shall become the order of the court.IT IS ORDERED that video appearances though Zoom are permitted unless a party is orderedto appear in court. In-person appearances are also permitted. Evidentiary hearings shall bein-person in Department L. The parties may access Department L for video conference via alink on the court website,FURTHER ORDERED that the parties are responsible for ensuring that they have a goodconnection and that they are available for the hearing. If the connection is inadequate, theCourt may proceed with the hearing in the party’s absence.Any party contesting the ruling and requesting oral argument shall appear in person orremotely through Zoom either by video or telephone. Please follow the guidelines set forth onthe court website at www.marin.courts.ca.go’The Zoom appearance information is as follows:September 2024, 09:00 AMJoin Zoom Meetinghttps://www.zoomgov.com/j/1610321093?pwd=Y W5DaGY 2ekZsSUFNbES1T1JsRTMvZz09Meeting ID: 161 032 1093Passcode: 991058If you are only able to appear by phone you may dial the phone number below, follow theprompts and enter the meeting ID and passcode.+1-669-254-5252Meeting ID: 161 032 1093Passcode: 991058Page 2 of 2

Ruling

IN THE MATTER OF: ALERO ODELL JEREMIAH MACK, ET AL.

Sep 09, 2024 |24STCP01056

Case Number: 24STCP01056 Hearing Date: September 9, 2024 Dept: 9 Petitioner must double check the spelling and legibility of the new name on the proposed decree. If Petitioner is satisfied with the spelling and legibility of the new name on the proposed decree, NO APPEARANCE IS NECESSARY. If the new name is not clearly written and correctly spelled on the proposed decree, Petitioner must appear at the6hearing to submit a corrected proposed decree. The petition is granted. A copy of the signed decree will be available in Room 112 of the Clerk's Office seven days after the date of the hearing. Once the proposed decree is signed, it cannot be amended without a new petition to change name.

Ruling

IN THE MATTER OF: ANTHONY MARSHON HUGHES

Sep 09, 2024 |24STCP02224

Case Number: 24STCP02224 Hearing Date: September 9, 2024 Dept: 9 Petitioner must double check the spelling and legibility of the new name on the proposed decree. If Petitioner is satisfied with the spelling and legibility of the new name on the proposed decree, NO APPEARANCE IS NECESSARY. If the new name is not clearly written and correctly spelled on the proposed decree, Petitioner must appear at the6hearing to submit a corrected proposed decree. The petition is granted. A copy of the signed decree will be available in Room 112 of the Clerk's Office seven days after the date of the hearing. Once the proposed decree is signed, it cannot be amended without a new petition to change name.

Ruling

Theresa Lafranchi vs. Scott Lafranchi

Sep 11, 2024 |FL0000924

DATE: 09/11/24 TIME: 9:00 A.M. DEPT: B CASE NO: FL0000924PRESIDING: COM. JANET L. FRANKELREPORTER: CLERK: ALEX URTONPETITIONER: THERESA LAFRANCHI andRESPONDENT: SCOTT LAFRANCHINATURE OF PROCEEDINGS: CASE PROGRESS CONFERENCE RULINGAppearances required.TEMPORARILY, UNDER CURRENT ORDERS, LITIGANTS WHO REQUIRE THEASSISTANCE OF A SPANISH LANGUAGE INTERPRETER ARE REQUIRED TOAPPEAR IN PERSON. INTERPRETER SERVICES FOR PERSONS APPEARING VIAZOOM ARE NOT AVAILABLE.Any party contesting the ruling and requesting oral argument shall appear in person orremotely through Zoom either by video or telephone. Please follow the guidelines set forth onthe court website at www.marin.courts.ca.govThe Zoom appearance information is as follows:September 2024, 9:00 a.m.Join Zoom MeetingAttps://marin-courts-ca-goy.zoomgoyv.com/j/1610592888?pwa=bDZNRVpPOyISUGhTZEpFMONAMnZJdz09Meeting ID: 161 241 5928Passcode: 997712If you are only able to appear by phone you may dial the phone number below, follow theprompts and enter the meeting ID and passcode,+1-669-254-5252 US (San Jose)Meeting ID: 161 241 5928Passcode: 997712FL0000924If a party and/or counsel elects to appear over Zoom they must follow proper Zoom etiquette.This includes joining the call five minutes early, speaking only one at a time, avoidingdisruptions, and wearing proper attire appropriate for a court environment. Parties must actand speak in a professional and respectful manner as though they are in an actual courtroom.If a party or counsel is unable to follow proper Zoom etiquette, the court may halt the hearingand order the parties to return in person.Page 2 of 2ee

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Jul 11, 2022 |Civil Domestic without Claim for absolute divorce |Civil Domestic without Claim for absolute divorce |22CVD000187-740

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Legacy Complete Case Scan September 04, 2024 (2024)
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