Criminal Defense

Motion for a List of Witnesses

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 15 CRS ______________

 

STATE OF NORTH CAROLINA       )

)

  1.    )                                DEMAND FOR LIST

)                                OF WITNESSES

________________________,              )

Defendant                      )

 

 

NOW COMES the Defendant herein, _______________ by and through his attorney, Paul Y. K. Castle, prior to trial and demands a list of witnesses on whose testimony the charges against him are founded, and a complete list of witnesses whom the Assistant District Attorney may call to testify at trial.  This list shall be supplemented by the Assistant District Attorney as his trial preparation becomes complete, and it is incumbent upon him to notify counsel for the Defendant of any additions or omissions to this list.

 

This the _______ day of ______, 2017.

 

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

castlelawfirm@gmail.com

 

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Demand for List of Witnesses in the above-entitled action upon ______________, Assistant District Attorney, the _________ Judicial District, by hand delivering a copy of the same to his office located at ________ Court Street, Jacksonville, North Carolina.

 

This the ________day of ______, 2017.

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

Motion for Complete Recordation

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 15 CRS ______________

 

 

STATE OF NORTH CAROLINA,     )

)

  1.   )                                 MOTION FOR

)                     COMPLETE RECORDATION

_________________________,           )                         OF ALL PROCEEDINGS

Defendant                     )

 

 

NOW COMES the Defendant in the above-captioned cases, ____________, by and through his attorney, Paul Y. K. Castle, and moves the Court for an Order directing the court reporter to take down and record all hearings on motions, the arrangement, all bench conferences, all jury voir dire, opening statements, closing statements, all testimony and each and every proceeding involved in pretrial and trial in the above-captioned cases.

 

This the _______ day of _______, 2017.

 

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

castlelawfirm@gmail.com

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Motion for Complete Recordation of All Proceedings in the above-entitled action upon ____________, Assistant District Attorney, the __________ Judicial District, by hand delivering a copy of the same to his office located at ________ Court Street, Jacksonville, North Carolina.

 

This the ________day of ___________, 2017.

 

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

Motion for Disclosure of Favorable Information

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 15 CRS _____________

 

STATE OF NORTH CAROLINA       )

)

  1.    )                   MOTION FOR DISCLOSURE

)               OF FAVORABLE INFORMATION

___________________,                        )

Defendant                      )

 

NOW COMES the Defendant, _______________, by and through the undersigned counsel, PAUL Y. K. CASTLE, and respectfully moves this Court to direct the State by and through its agents, attorneys, or the like to disclose information which may be favorable and material to the defense of this case and relevant to any punishment that might be imposed and shows unto the Court the following:

 

  1. That the State should disclose to and permit counsel for the Defendant to inspect, copy, photograph all evidence, of whatever kind, within the possession or the control of the State, its agencies or its agents, including any law enforcement officers, which may be favorable to or tend to be favorable in any manner to the Defendant in this case. The Defendant also requests the disclosure of any evidence which might serve to mitigate the punishment which might be imposed.  Clearly, such a request is appropriate and should be granted based on the authority of United States v. Agurs, 426 U.S. 97 (1976); Brady v. Maryland, 373 U.S. 83 (1963); and State v. Hardy, 293 N.C. 105, 235 S.E.2d 828 (1977), as well as the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution and Article I of the North Carolina Constitution.

 

  1. Without limiting the scope of the information sought through this motion, the Defendant specially seeks the disclosure of the substance of any oral or written statements, made to any person whatever, material to the Defendant’s case by any officers connected with the investigation of the Defendant or by any persons interviewed by the officers or agents which are or may be to any degree inconsistent with the testimony to be offered against the Defendant.

 

  1. Without limiting any of the foregoing, the Defendant specifically requests the disclosure of:

 

  1. Any evidence that can be used for the purpose of impeaching the credibility of witnesses upon whom the State intends to rely in support of the matters alleged in the Indictment, including the criminal record of the witnesses;
  2. Statements or evidence which would reasonably tend to show that the Defendant did not commit the offenses charged;
  3. Any evidence revealing cooperation given by the Defendant to the arresting authorities including any information provided by the Defendant to the arresting authorities which in any way assisted in the identification, arrest, or conviction of any accomplices, accessories, co-conspirators or principals in narcotics or other offenses.

 

  1. Pursuant to United States v. Agurs, 426 U.S. 97 (1976), and Brady v. Maryland, 373 U.S. 83 (1963), the Defendant specifically requests any and all evidence in the possession of the prosecutor or any agents or other persons action in cooperation with or in behalf of the State in this case which is favorable to, may be favorable to, or tends to be favorable in any way to the Defendant by tending to corroborate any exculpatory statements made in any way to the Defendant known to law enforcement officers investigating this matter or known to the office of the District Attorney.

 

  1. The Defendant further particularly requests the substance of any exculpatory statements made by or attributed to the Defendant known to law enforcement officers investigating this matter or known by the office of the District Attorney.

 

  1. The Defendant specifically requests a recordation and the disclosure of any threats of arrest, indictment, issuance of subpoena or the like made by any law enforcement officers investigating this matter to any witness or potential witness known to such law enforcement officers or known to or by the office of the District Attorney.

 

  1. The Defendant specifically seeks the disclosure of the existence of any facts supporting or tending to support or in any manner corroborating any mitigating factors concerning any possible sentence to be imposed in this case.

 

Respectfully submitted, this the _______ day of ________, 2017.

 

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

castlelawfirm@gmail.com

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Motion for Disclosure of Favorable Information in the above-entitled action upon __________, Assistant District Attorney, the __________ Judicial District, by hand delivering a copy of the same to his office located at ______ Court Street, Jacksonville, North Carolina.

 

This the ________day of _______, 2017.

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

Motion for Disclosure of Impeaching Information

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 15 CRS ___________________

 

STATE OF NORTH CAROLINA       )

)

  1.    )                   MOTION FOR DISCLOSURE

)               OF IMPEACHING INFORMATION

___________________________,        )

Defendant                      )

 

 

NOW COMES the Defendant, _____________________, by and through the undersigned counsel, PAUL Y. K. CASTLE, and respectfully moves this Court for entry of an Order directing the State to investigate and disclose all of the following within its possession, custody, control, or the existence of which is known or by the exercise of due diligence could be known to the State:

 

  1. Any and all consideration or promises of consideration given to or made on behalf of the State’s witnesses. By “consideration” the Defendant refers to absolutely anything of value or use, including but not limited to immunity grants, witness fees, special witness fees, transportation assistance, assistance to members of witness’s family or associates of witness, assistance or favorable treatment with respect to any criminal, civil, or administrative dispute with the State or the United States, and anything else which could arguably create an interest or bias in the witness in favor of the State or against the Defendant or acts as an inducement to testify or color testimony.

 

  1. Any and all prosecutions, investigations or possible prosecutions pending or which could be brought against the witness and any probationary, parole, or deferred prosecution status of the witness.

 

  1. Any and all records and information revealing felony and/or misdemeanor convictions attributed to this witness.

 

  1. Any and all records and information showing prior misconduct or bad acts committed by the witness.

 

  1. Any and all personnel files for the witness.

 

  1. The total and complete list of all persons interviewed in the entire investigation and the name of the person or persons conducting such interview, together with a copy of the interview or a correct account of the same. If more than one interview has been made as to any person, then a copy and result of each interview should be furnished.

 

  1. A meaningful address should be furnished by the State as to all persons interviewed by the authorities in this case so that the Defendant might have the opportunity to determine what exculpatory or beneficial evidence each witness might have.

 

  1. Any and all tape or electronic recordings, written statements or summaries thereof by any officer or employee of the State, County, Sheriff’s or District Attorney’s office with reference to all persons interviewed, whether they are to be called as a witness for the State or not.

 

  1. The results of all polygraph tests performed by the __________________ Police Department, the results of which may be beneficial and useful to the defense in either a direct or impeaching manner. The Defendant also seeks the name of the polygraph operator or operators.

 

  1. A complete and detailed list of the criminal records of all State’s witnesses, whether the State intends to call these witnesses at the trial of the case or not, including any and all charges which may now be pending against them and which have not yet been officially disposed of by plea, trial, or otherwise.

 

  1. The total and complete investigative files on this case of the State Bureau of Investigation, the Sheriff’s office, the District Attorney’s office, or any other agency or bureau of the State who may have taken part in any phase of police investigation, together with all correspondence and communications concerning the same.

 

  1. There may be other items and matters of evidence, information, and data in existence that are not herein enumerated and of which movant is unaware, due to the secrecy surrounding the investigation, but in any event, movant now requests and demands that she be afforded any and all evidence and information, whether specifically delineated and listed herein or not, that may be materially favorable to movant in either a direct or impeaching manner or relevant to punishment, which falls within the context of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed 2d 215 (1968).

 

WHEREFORE, the Defendant, _________________, prays:

 

  1. That an evidentiary hearing be held on this motion in order that a proper foundation may be laid as to which evidence, information, and data is in possession of the State and prosecution, and that the State be directed to make such disclosures immediately.

 

  1. That if all items requested are not disclosed, movant requests that all of the State’s reports, statements, photographs, files and all other items specified herein should be properly identified, and examined in camera by the Court and that the Court turn over to defense counsel all such material which the Court finds to be favorable to the Defendant as to innocence or punishment.

 

  1. That the Court make photostatic copies of all material viewed by the Court and have the same sealed and included in the record of this case for the purpose of insuring effective review of the Court’s denial of Defendant’s previously filed motion for disclosure.
  2. That the duty of the District Attorney to disclose pursuant to this motion shall be continuing up until and through the trial.

 

Respectfully submitted, this the _______ day of _________, 2017.

 

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

castlelawfirm@gmail.com

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Motion for Disclosure of Impeaching Information in the above-entitled action upon _____________, Assistant District Attorney, the _________ Judicial District, by hand delivering a copy of the same to his office located at ____ Court Street, Jacksonville, North Carolina.

 

This the ________day of ____________, 2017.

 

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

 

 

 

Request for Prosecutors’ Notes of Pretrial Interviews

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 15 CRS ____________________

 

 

STATE OF NORTH CAROLINA       )

)

  1.    )                    REQUEST FOR PROSECUTORS’

)                    NOTES OF PRETRIAL INTERVIEWS

__________________,                          )

Defendant                      )

 

 

 

NOW COMES the Defendant, __________________, by and through the undersigned counsel, Paul Y. K. Castle, pursuant to the provisions of N.C.G.S. Sec. 15A-903(a)(1), and moves the Court for an Order requiring the prosecutors involved in the above-referenced case to disclose, in written or recorded form, statements made to them by witnesses during pretrial interviews.  In support of this motion, the Defendant shows onto the Court the following:

 

  1. N.C. Gen. Stat. 15A-903(a)(1) provides that the court must, upon motion of the defendant, order the State to make available to the defendant the complete files of all law enforcement and prosecutorial agencies involved in the investigation of the crimes committed or the prosecution of the defendant.

 

  1. N.C. Court of Appeals in State v. Shannon, 182 N.C. App. 350 (2006) held that said statute requires prosecutors to disclose, in written or recorded form, statements made to them by witnesses during pretrial interviews.

 

  1. The Defendant has been informed, and thus believes and alleges that Mr./Ms. _____________, the prosecutor involved in the above-referenced case, has interviewed several witnesses in his preparation for the trial.

 

  1. The Defendant is entitled, pursuant to N.C. Gen. Stat. Sec. 15A-903(a)(1) and State v. Shannon, 182 N.C. App. 350 (2006), to discovery of any statements made to Mr./Ms. _________ or any other prosecutor assigned to the case by witnesses during pretrial interviews.

 

WHEREFORE, the Defendant prays of the Court as follows:

 

  1. For an Entry of an Order requiring the prosecutors involved in the above-referenced case to disclose, in written or recorded form, statements made to them by witnesses during pretrial interviews.

 

  1. For such further relief as the Court deems just and fair.

 

Respectfully submitted, this the ___ th day of _____________ 2017.

 

 

 

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

castlelawfirm@gmail.com

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Request for Prosecutors’ Notes of Pretrial Interviews in the above-entitled action upon _____________, Assistant District Attorney, the _______________ Judicial District, by hand delivering a copy of the same to his office located at _____________ Court Street, Jacksonville, North Carolina.

 

This the ______th day of ___________, 2017.

 

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

 

Motion to Require State to Reveal Any Agreement Entered into between the State and Any Prosecution Witness that Could Possibly Influence His Testimony

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 15 CRS _________________

 

 

STATE OF NORTH CAROLINA    )

)                       MOTION TO REQUIRE STATE

)                       TO REVEAL ANY AGREEMENT

)                       ENTERED INTO BETWEEN THE

  1. )                       STATE AND ANY PROSECUTION

)                       WITNESS THAT COULD POSSIBLY

)                       INFLUENCE HIS TESTIMONY

________________________,           )

Defendant                   )

 

 

NOW COMES the Defendant, ___________________, by and through the undersigned attorney, PAUL Y. K. CASTLE, and moves this Court for an Order requiring the State of North Carolina to reveal any agreement entered into between the District Attorney’s Office or any other law enforcement agency and any prosecution witness that could conceivably influence said witness’ testimony on the following grounds:

 

  1. That the Defendant is charged in the above-captioned indictments with possess meth precursor, maintain dwelling (F), possess drug paraphernalia, manufacture methamphetamine, felony conspiracy, PWIMSD methamphetamine, and possess meth precursor.

 

  1. That the Defendant is alleged to have conspired with an individual named __________________, among others, to commit the aforementioned offenses. This event is alleged to have occurred in Onslow County, North Carolina on ___________, 2015.

 

  1. That the Defendant has every reason to believe that __________________ will serve as one of the State’s witnesses against him in the course of the trial.

 

  1. That the credibility of said witness will be an important issue in the principal case, and the evidence of any understanding or agreement as to future prosecution or any other consideration would be relevant to such witness’ credibility and the trial jury is entitled to know of it.

 

  1. That a refusal to reveal any said agreements constitutes a violation of the due process clause of the Fourteenth Amendment of the United States Constitution.

 

  1. That a refusal to reveal any said agreements constitutes a violation of the right guaranteed the Defendant under Article I. Sec. 19, and 23 of the North Carolina Constitution.

 

  1. That the Defendant specifically requests that any agreement or consideration given to _____________ be disclosed forthwith.

 

  1. That the Defendant moves the Court further to order the District Attorney to comply with the provisions of N.C.G.S. Sec. 15A-1054.

 

Respectfully submitted, this the _______  day of ____________, 2017.

 

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

Bar No.: 33378

 

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Motion to Require State to Reveal Agreement in the above-entitled action upon _________, Assistant District Attorney for the ________ Judicial District, by hand delivering a copy of the same to his office located at ______ Court Street, Jacksonville, North Carolina.

 

This the ________day of ________, 2017.

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

 

Motion to Sequester Witnesses

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 14 CRS _______________

 

 

STATE OF NORTH CAROLINA    )

)

  1. )                     MOTION TO SEQUESTER WITNESSES

)

________________________,           )

Defendant                   )

 

NOW COMES the Defendant, _____________________, by and through the undersigned attorney, Paul Y. K. Castle, pursuant to N.C. Gen. Stat. 15A-1225, and moves this Court for an Order requiring that all witnesses who are to testify in the above-referenced case be sequestered except during his or her testimony.

 

IN SUPPORT THEREOF, the Defendant shows onto the Court the following:

 

  1. That the Defendant is charged with first degree murder.

 

  1. That based on the State’s discovery, the State has several witnesses who will testify on behalf of the State at trial.

 

  1. That the State’s witnesses other than law enforcement officers have been family members.

 

  1. That it would be most difficult for each witness to hear testimony by other witnesses and acquaintances without in some manner being significantly influenced thereby, which would prejudice the Defendant’s ability to defend himself.

 

  1. That it is possible for each witness listening to prior testimony to rely upon the memory of others and not their own when rendering their own testimony.

 

  1. That sequestration would act as a restraint on witnesses tailoring their testimony to that of an earlier witness.

 

  1. That sequestration would aid in detecting testimony that is less than candid.

 

WHEREFORE the Defendant prays of the Court as follows:

 

  1. For the entry of an Order directing that all witnesses who are to testify in this case be sequestered except during his or her testimony.

 

  1. For such other and further relief as the Court deems just and proper.

 

Respectfully submitted, this the _______  day of ___________, 2013.

 

 

 

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

 

 

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Motion to Sequester Witnesses in the above-entitled action upon _______________, Assistant District Attorney for the ___________ Judicial District, by hand delivering a copy of the same to her office located at _________ Court Street, Jacksonville, North Carolina.

 

This the ________day of ___________, 2013.

 

 

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

 

Objection to Introduction of SBI Laboratory Report

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF JONES                                                            FILE NO: 09 CRS ________________

 

 

 

STATE OF NORTH CAROLINA    )

)

  1. )                       OBJECTION TO INTRODUCTION

)                       OF SBI LABORATORY REPORT

_________________________,         )

Defendant                   )

 

 

NOW COMES the Defendant, ____________________, by and through the undersigned counsel, PAUL Y. K. CASTLE, pursuant to the provisions of N.C.G.S. Sec. 90-95(g) and Malendez-Diaz v. Massachusetts, 557 U.S. ______, 129 S. Ct. 2527, 2542 (2009), and objects to the introduction of the chemical analyst report at any stage of the trial of the above-captioned matters, whether it is the guilt-innocence phase or the sentencing phase, unless the chemical analyst who performed the test is present in court to testify.

 

Respectfully submitted, this the _______th  day of ______________, 2013.

 

 

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

castlelawfirm@gmail.com

 

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Objection to Introduction of SBI Laboratory Report in the above-entitled action upon _____________, Assistant District Attorney, the _____________ Judicial District, by hand delivering a copy of the same to her office located at ____ Court Street, Jacksonville, North Carolina.

 

This the _______th day of __________, 2013.

 

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

 

Motion for a Bill of Particulars (example no. 1)

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 14 CRS _________________

 

 

STATE OF NORTH CAROLINA       )

)

  1.    )                               AMENDED MOTION FOR

)                              A BILL OF PARTICULARS

____________________________ ,     )

Defendant                      )

 

 

NOW COMES the Defendant, _______________________, by and through the undersigned counsel, Paul Y. K. Castle, pursuant to the provisions of N.C. Gen. Stat. §15A-925, and moves the Court for an Order directing the State to file a Bill of Particulars that (i) names the underlying felony or felonies to the State’s felony murder theory and/or (ii) recites the facts that the State believes show or tend to show that on ______________ the Defendant was engaged in the perpetration or attempted perpetration of any of the listed felonies as recited in N.C. Gen. Stat. §14-17(a).  The Defendant makes this Motion because the Defendant cannot adequately prepare or conduct his defense without the information requested here.  In support of this motion, the Defendant shows onto the Court the following:

 

  1. The Defendant is charged in a short-form indictment for the first degree murder of a ___________________ on _____________, 2014. In this Motion, the Defendant does not contest the authority of the State to proceed with a short-form indictment.  It is well settled that short-form indictments authorized by N.C. Gen. Stat. §15-144 meet state and federal standards. State v. Hunt, 357 N.C. 257, 582 S.E. 2d 593 (2003).  Nor is the intent of the Defendant to ask the State to disclose under which theory it intends to prosecute the Defendant.  The State has already disclosed to the Defendant that it intends to proceed upon a felony murder theory.

 

  1. Every defendant is entitled to know the charges against him and the factual basis of the charges. A defendant has a right “to be informed of the nature and cause of his accusation,” under the Due Process Clause of the Fifth Amendment and the Six Amendment jury trial guarantees, made applicable to the states by the Fourteenth Amendment to the United States Constitution.

 

  1. The purpose of a bill of particulars is to “inform the defendant of specific occurrences intended to be investigated at trial” and “to limit the course of the evidence to that particular scope of inquiry. State v. Young, 312 N.C. 669, 325 S.E. 2d 181 (1985). To put it differently, the purpose of a bill of particulars is to inform the defendant of the charges against him with sufficient precision to allow him to prepare his defense, and to enable him to plead double jeopardy in the event of a later prosecution of the same offense.  United States v. Williams, 772 F.2d 827, 837 (1985).  To those ends, N.C. Gen. Stat. §15A-925(b) requires that “a motion for a bill of particulars must request and specify items of factual information desired by the defendant which pertain to the charge and which are not recited in the pleading.” That is exactly the Defendant’s purpose in filing this Motion for a bill of particulars.

 

  1. While the granting of a bill of particulars is in the discretion of the trial court, there is “no discretion to disregard the requirements of the Six Amendment that the accused shall be informed of the nature and cause of the accusations against him fully enough to enable him to prepare his defense and certain enough that he may be protected by a plea of former jeopardy against another prosecution for the same offense. Williams v. United States, 164 F.2d 302, 304 (1947). A defendant’s need to know the evidentiary details establishing the facts of his alleged offense is remedied by a bill of particulars. United States v. Panzaveccia, 421 F.2d 440, 442 (1970).

 

  1. The discovery materials provided by the State indicate that on ____________, a Mr. ________________arranged a meeting between the Defendant and the decedent, Mr. _____________, under the guise that Mr. ___________ wanted to purchase drugs from the Defendant. The State’s discovery further shows that it was the intent of Mr. _______ and Mr. __________to rob the Defendant.  Mr. ________ brought some “flash” money to the meeting and a loaded 9mm semi-automatic pistol. During the meeting, Mr. ___________ assaulted the Defendant, pointing the loaded, cocked weapon at the Defendant and striking him in the head with it.  A fight ensued between the Defendant and Mr. ____________, during which the Defendant was able to take the weapon from Mr. __________ and shoot him, mortally wounding him.  ______________ was subsequently arrested and charged with conspiring with Mr. ____________ to commit the felony of robbery with a dangerous weapon.

 

  1. Felony murder is a killing that is committed in the perpetration or attempted perpetration of certain enumerated felony offenses or that is committed in the commission of a felony involving the use of a deadly weapon. N.C. Gen. Stat. §14-17(a).  When a killing is committed in connection with such a felony, the offense of murder is established irrespective of premeditation or deliberation or malice aforethought. State v. Jones, 353 N.C. 159 (2000).  The felony murder rule rests on a theory of transferred intent.  The malicious intent of committing the collateral felony is transferred to the homicide.

 

  1. The facts of the present case as recited above consistent with the State’s discovery do not provide any factual information that shows or tends to show that the Defendant was engaged in any enumerated felony or felonies as provided in N.C. Gen. Stat. §14-17(a). For this reason, the Defendant cannot adequately prepare or conduct his defense without the information requested in this Motion.

 

  1. The facts of the present case as recited above consistent with the State’s discovery at most shows that the Defendant was involved in an assaultive behavior. The Defendant’s assaultive behavior cannot serve as the underlying felony for felony murder.  The basic rule was expressed in State v. Jones, supra.  In “cases involving a single assault victim who dies of injuries … the assault on the victim cannot be used as the underlying felony for purposes of the felony murder rule.  Otherwise, virtually all felonious assaults … that result in … death would be first-degree murders via felony murder, thereby negating lesser homicide charges such as second-degree murder and manslaughter.”

 

  1. To sum up, while the State has disclosed to the Defendant that it intends to proceed under a felony murder theory, the facts of the case as disclosed by the State’s discovery provide no factual information that shows or tends to show that the Defendant was engaged in the commission of any of the enumerated felonies as recited in N.C. Gen, Stat. §14-17(a). For this reason, the Defendant is in need of an Order requiring the State to produce the factual information requested in this Motion.  The Defendant cannot adequately prepare or conduct his defense without the information requested here.

 

  1. N.C. Gen. Stat. §15A-903 allows a defendant to obtain full discovery. The purpose of the discovery statute is predicated on the legislature’s belief that if defendants obtained full discovery, it would greatly reduce the possibility that the miscarriage of justice would occur.  The information the Defendant requests through this Motion is consistent with the language, spirit and intent of N.C. Gen. Stat. §15A-903.

 

WHEREFORE, the Defendant prays the Court as follows:

 

  1. That the Court order the State to file a bill of particulars that names the underlying felony or felonies the State will invoke for their felony murder theory; and/or,

 

  1. That the Court order the State to file a bill of particulars that recites the facts that the State believes constitutes the underlying felony or felonies to their felony murder theory; and/or,

 

  1. That the Court order the State to file a bill of particulars that recites the facts the State believes show or tend to show that the Defendant was engaged, on ___________, 2014, in the perpetration or attempted perpetration of any of the enumerated felonies as recited in N.C. Gen. Stat. §14-17(a), or, in the alternative, be prohibited from proceeding upon a felony murder theory.

 

  1. For any other such relief as the Court deems just and proper.

 

Respectfully submitted, this the ___ th day of __________ 2016.

 

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

castlelawfirm@gmail.com

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Amended Motion for Bill of Particulars in the above-entitled action upon _____________, Assistant District Attorney, the ____________ Judicial District, by hand delivering a copy of the same to his office located at ___________ Court Street, Jacksonville, North Carolina.

 

This the ______th day of _________, 2016.

 

 

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

 

 

 

 

 

 

Motion for a Bill of Particulars (example no. 2)

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 15 CRS _______________

 

STATE OF NORTH CAROLINA       )

)

  1.    )                  MOTION FOR BILL OF PARTICULARS

)

________________________,              )                                    

Defendant                      )

 

NOW COMES the Defendant, _________________, by and through the undersigned counsel, Paul Y. K. Castle, pursuant to the provisions of N.C.G.S. Sec. 15A-925, and moves the Court for an Order directing the State to file a Bill of Particulars reciting the facts establishing (i) how many times the State alleges the Defendant and the alleged victim were involved in a sex-related incident, (ii) when each of these alleged incidents occurred and (iii) what exactly transpired in each of these alleged incidents, on the grounds that the Defendant cannot adequately prepare or conduct his defense without the requested information.  In support of this motion, the Defendant submits the following argument and applicable law:

 

The Defendant is charged in a short-form indictment with one count of statutory rape where the defendant is at least six years old than the victim, one count of statutory sex offense where the defendant is at least six years older than the victim and one count of indecent liberties with a child.  This motion does not contest the authority of the State to proceed in that fashion.  It is well settled that short-form indictments authorized by N.C.G.S. 15-144 meet state and federal standards. State v. Hunt, 357 N.C. 257, 582 S.E.2d 593 (2003).

 

The purpose of a bill of particulars is to “inform the defendant of specific occurrences intended to be investigated at trial” and “to limit the course of the evidence to that particular scope of inquiry.” State v. Young, 312 N.C. 669, 325 S.E.2d 181 (1985).  To those ends, N.C.G.S. 15A-925(b) requires that “a motion for bill of particulars must request and specify items of factual information desired by the defendant which pertain to the charge and which are not recited in the pleading.”  That is the purpose of this motion of a bill of particulars.

 

The discovery provided by the State provides accounts of at least three different sex-related encounters between the Defendant and the alleged victim.  However, from the State’s discovery as it stands, it is impossible to tell which of the three alleged sex-related encounters between the Defendant and the alleged victim in the discovery is the factual basis of which of the three criminal offenses alleged in the indictment.  N.C.G.S. 15A-903 allows the defendant full discovery.  The purpose of the discovery statute was that the legislature believed that if a defendant received full discovery, it would greatly reduce the possibility that miscarriage of justice would occur.  The information being requested by the Defendant herein is consistent with the language, spirit and intent of N.C.G.S. 15A-903.

 

The factual information being requested is as follows:

 

  1. A factual statement stating how many times the State alleges the Defendant and the alleged victim were involved in a sex-related incident;

 

  1. Facts tending to how when each of these alleged encounters occurred;

 

  1. Facts tending to show what exactly transpired in each of these alleged incidents involving the Defendant and the alleged victim.

 

The Defendant cannot adequately prepare or conduct a defense without the requested information.

 

WHEREFORE, the Defendant prays that the Court order the State to file a bill of particulars reciting the facts establishing (i) how many times the State alleges the Defendant and the alleged victim were involved in an sex-related incident, (ii) when each of these alleged incidents occurred and (iii) what exactly transpired in each of these alleged incidents.

 

Respectfully submitted, this the ___ th day of ______________2017.

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

castlelawfirm@gmail.com

 

 

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Motion for Bill of Particulars in the above-entitled action upon ______________, Assistant District Attorney, the _________ Judicial District, by hand delivering a copy of the same to her office located at ___________ Court Street, Jacksonville, North Carolina.

 

This the ______th day of _______________, 2017.

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

 

Motion in Limine to Exclude Evidence of Other Crimes, Wrongs or Acts Pursuant to Rules 403 and 404 (a) and (b) of Rules of Evidence

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 15 CRS _________________

 

STATE OF NORTH CAROLINA       )

)

)

  1.    )                     MOTION IN LIMINE TO EXCLUDE

)                    EVIDENCE OF OTHER CRIMES,

)                    WRONGS, OR ACTS PURSUANT

_________________________,            )                    TO RULES 403 AND 404 (a) and (b)

Defendant                      )                    OF THE RULES OF EVIDENCE

 

 

NOW COMES the Defendant, _________________, by and through the undersigned counsel, Paul Y. K. Castle, pursuant to the Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States and Article I, Sections 19 and 23 of the Constitution of North Carolina and the General Statutes of North Carolina, and in particular, N.C.G.S. §8C-1, Rules 403 and 404 (a) and (b), and respectfully moves this Court to issue an Order prohibiting the State from mentioning during the jury selection, during opening argument or closing argument or introducing during its case in chief, or through cross-examination of the Defendant or the Defendant’s witnesses or through any other method during the trial of the above captioned case, evidence of other crimes, wrongs or acts the Defendant is alleged to have been involved in, including, but not limited to any and all evidence arising from the alleged facts of State of North Carolina v. _______________, File Nos. 16 CRS ______________ and any and all evidence stemming from a certain floppy disk alleged to have been retrieved from the Defendant’s truck more than fifteen years ago.  In support of this Motion, the Defendant shows unto the Court the following:

 

  1. That the Defendant is charged with four counts of second degree exploitation of a minor and with one count of possession of photographic image from peeping. However, only the matters concerning the charges of second degree exploitation of a minor is currently scheduled for trial.

 

  1. That the Defendant has recently received from the State materials that pertain to a possession of a photographic image from peeping charge under file no. 16 CRS ________________, as well as information that pertains to a certain floppy disk that is alleged to have been taken from the Defendant’s truck fifteen years ago that allegedly contains images of child pornography.

 

  1. That the Defendant has reason to believe, and thus alleges, that the State most likely intends to introduce during the trial of the present case evidence of other crimes, wrongs or acts the Defendant is allegedly involved in, to include (1) evidence arising from the facts of State of North Carolina v. ______________, File Nos. 16 CRS ___________ and (2) evidence stemming from a certain floppy disk which is alleged to have been retrieved from the Defendant more than fifteen years ago.

 

  1. That Rule 404 (a) of the Rules of Evidence provides in pertinent part that “[e]vidence of a person’s character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except […].” That Rule 404 (b) provides in pertinent part that “[e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, entrapment or accident.”

 

  1. That Rule 403 provides that “[a]lthough relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

 

  1. That neither the evidence arising from the facts of State of North Carolina v. ___________., File Nos. 16 CRS __________, nor the evidence stemming from a certain floppy disk alleged to have been retrieved from the Defendant more than fifteen bears any similarity to the present case, and that it is therefore extremely difficult to see how any purpose, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence or mistake, entrapment or accident, may be served by introducing into evidence materials from said evidence.

 

  1. That the State’s only possible purpose in introducing during this trial evidence from arising from the materials in State of North Carolina v. ______________., File Nos. 16 CRS ___________ or the materials stemming from a certain floppy disk alleged to have been retrieved from the Defendant more than fifteen years ago would be to prove the Defendant’s character “in order to show that he acted in conformity therewith,” directly contrary to the mandate of Rule 404 (b) of the Rules of Evidence.

 

  1. That Rule 404 (b)is a clear general rule of inclusion of relevant evidence of other crimes, wrongs or acts by a defendant, subject to but one exception requiring its exclusion if its only probative value is to show that the defendant has the propensity or disposition to commit an offense of the nature of the crime charged. State v. Kennedy, 130 N.C. App. 399, 503 S.E.2d 133 (1998), aff’d, 350 N.C. 87, 511 S.E.2d 305 (1999).  In the present case, the sole probative value of any evidence from the materials in State of North Carolina v. _____________, File Nos. 16 CRS __________ or the materials stemming from a certain floppy disk which is alleged to have been retrieved from the Defendant more than fifteen years ago is to show that the Defendant has the propensity or disposition to commit an offense of the nature that is before the Court.

 

  1. That, in addition to the arguments above, any probative value of evidence from the Defendant’s previous case is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, considerations of undue delay and waste of time. Thus, any evidence from the Defendant’s previous case should be excluded under Rule 403, as well.

 

WHEREFORE, the Defendant prays of the Court as follows:

 

  1. That the Court hold a pretrial hearing for the purpose of determining the admissibility, during the course of this trial, of any evidence arising from the alleged facts of State of North Carolina v. ________________, File Nos. 16 CRS ______________ and/or any evidence stemming from a certain floppy disk alleged to have been retrieved from the Defendant’s truck more than fifteen years ago.

 

  1. That the Court issue an Order prohibiting the State from mentioning during the jury selection, during opening argument or closing argument or introducing during its case in chief, or through cross-examination of the Defendant or the Defendant’s witnesses or through any other method during the trial of the above captioned case, evidence of other crimes, wrongs or acts the Defendant is alleged to have been involved in, including, but not limited to any and all evidence arising from the alleged facts of State of North Carolina v. ______________, File Nos. 16 CRS __________ and any and all evidence stemming from a certain floppy disk alleged to have been retrieved from the Defendant’s truck more than fifteen years ago.

 

  1. That the Court issue an Order directing the State to instruct its witnesses not to mention or refer to any of said evidence during their testimony at this trial.

 

  1. For any other such relief as the Court deems just and proper.

 

Respectfully submitted, this the ___ th day of ____________ 2016.

 

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

castlelawfirm@gmail.com

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Motion in Limine Excluding Evidence of Other Crimes, Wrongs, or Acts Pursuant to Rules 403 and 404 (a) and (b) of the Rules of Evidence in the above-entitled action upon __________, Assistant District Attorney, the _________ Judicial District, by hand delivering a copy of the same to his office located at _________ Court Street, Jacksonville, North Carolina.

 

This the ______th day of ___________, 2016.

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

 

Motion In Limine to Limit Introduction of Defendant’s Statements

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 15 CRS _____________

 

 

STATE OF NORTH CAROLINA       )

)

  1.    )                         MOTION IN LIMINE TO LIMIT

)                    INTRODUCTION OF DEFENDANT’S

_____________,                                    )                                      STATEMENTS

Defendant                      )

 

 

 

NOW COMES the Defendant, ___________, by and through the undersigned counsel, Paul Y. K. Castle, pursuant to the provisions of N.C.G.S. Sec. 15A-977, and moves the Court for an Order prohibiting the State from offering into evidence any and all statement or statements allegedly made by the Defendant to Advance Life Support Personnel who treated her on October 21, 2014, and any and all statement or statements made by the Defendant to the physicians and other health care personnel at Onslow Memorial Hospital who treated her from _________, 2014 until her release.  In support of this motion, the Defendant shows onto the Court the following:

 

  1. That on __________, 2014, Advance Life Support personnel from Onslow County EMS entered the Defendant’s home by force and, according to one report, found the Defendant unconscious on the floor, and, according to another, found the Defendant lying on the floor with her eyes open, but breathing.

 

  1. That by all accounts, when the rescue personnel dealt with the Defendant, she was incapacitated due to the extended abuse of drugs and alcohol, and that the Defendant, for most of the time, could not speak, responding to questions only with a nod of the head.

 

  1. That the Defendant appeared physically and mentally incapacitated and was transported to Onslow Memorial Hospital and admitted on the same date.

 

  1. That any and all statements made by the Defendant to the Advance Life Support Personnel and any and all statements made by the Defendant to the physicians and staff at Onslow Memorial Hospital are privileged and confidential pursuant to N.C. Gen. Stat. §8-53.

 

  1. That in addition to the privileged nature of the said statements, in light of the physical and mental state the Defendant was in at the time the statements were made, these statements ought to be excluded pursuant to N.C. Gen. Stat. §8C-1, Rule 403.

 

 

 

 

WHEREFORE, the Defendant prays the Court as follows:

 

  1. That the Court enter an order that the State is prohibited from offering into evidence any statements allegedly made by the Defendant to the EMS Advance Life Support personnel on October 21, 2014, and prohibited from offering into evidence any statements allegedly made by the Defendant to the physicians and staff at Onslow Memorial Hospital from ___________, 2014 until her release from the facility.

 

  1. For such further relief as the Court deems just and fair.

 

Respectfully submitted, this the ___ th day of ________ 2016.

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

castlelawfirm@gmail.com

 

 

 

 

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Request for Prosecutors’ Notes of Pretrial Interviews in the above-entitled action upon ___________, Assistant District Attorney, the _________ Judicial District, by hand delivering a copy of the same to her office located at _______ Court Street, Jacksonville, North Carolina.

 

This the ______th day of ______________, 2016.

 

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

 

Motion to Suppress (example no. 1)

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO.: 15 CRS ________________

 

STATE OF NORTH CAROLINA                )

)

  1. )

)                       MOTION TO SUPPRESS

________________________,                       )

Defendant                   )

 

NOW COMES the Defendant, __________________________, pursuant to N.C.G.S. § 15A-972, by and through his attorney,  PAUL Y. CASTLE, and hereby moves this Court for an Order suppressing any and all evidence based on, and stemming from, a _____________, 2014 illegal, unconstitutional warrantless seizure of the Defendant’s cellular phone.  As the grounds therefore, the Defendant states:

 

  1. That the defendant is charged with (i) second degree rape.

 

  1. That the Defendant was a member of the United States Marine Corps on or about ______________, 2014, and that on the said date, the Defendant was interviewed aboard Camp Lejeune by ____________________, a Naval Criminal Investigative Service (NCIS) investigator, and ______________, a detective with the Jacksonville Police Department, in regard to a sexual assault allegation involving the Defendant.

 

  1. That at the time of the said interview, no criminal charges had been filed against the Defendant, that no criminal charges were pending against the Defendant, that the Defendant was not under arrest in any shape or form, nor was he in the custody of the NCIS or any other authority, and that the Defendant was interviewed because he consented to the interview freely and voluntarily.

 

  1. That during the said interview, Investigator _____________ asked the Defendant for permission to take custody of a cellular phone the Defendant had in his possession, and the Defendant declined.

 

  1. That when the request to take custody of the Defendant’s phone was declined, Mr. ______________ went on to seize the Defendant’s phone by fiat, stating that the Defendant was now in his custody, that the Defendant had no choice in the matter, and that he, Mr. __________, was just going to take custody of the phone, regardless of the Defendant’s refusal to give consent.

 

  1. That at the time of Mr. __________’s seizure of the Defendant’s phone in the way described, he, Mr. ____________, was in possession of no warrant, properly issued by a judicial official, authorizing him to seize the cellular phone in question.

 

  1. That when Mr. ____________ seized the Defendant’s phone the way he did, no exigent circumstances existed, and that Mr. ____________ had every opportunity to approach an appropriate judicial official and properly obtain a warrant to search and seize if he chose to, but he did not.

 

  1. That pursuant to United States v. Olson, 74 M.J. 132, the Fourth Amendment protects persons from unreasonable searches of and seizures from, their homes; a warrantless search is per se unreasonable subject only to a few specifically established and well-defined exceptions, one of which is a search that is conducted pursuant to consent.  Pursuant to United States v. Kelly, 72 M.J. 237, the Fourth Amendment of the Constitution protects individuals, including service members against unreasonable searches and seizures.

 

  1. That Mr. __________’s seizure of the Defendant’s cellular phone, as described above, was an undeniable example of an unreasonable seizure against the Defendant and a flagrant violation of the Defendant’s rights guaranteed under the 4th and 14th Amendments to the United States Constitution.

 

  1. That after the Defendant’s cellular phone was illegally and unconstitutionally seized from him in the way described, the phone was then turned over to the custody of the Jacksonville Police Department.

 

  1. That officers with the Jacksonville Police Department have since obtained a warrant to gain access to the contents of the Defendant’s cellular phone, and the officers have indeed obtained the contents of the said cellular phone.

 

  1. That the Defendant has been informed, and thus believes and alleges that the State of North Carolina has plans to use the contents of the Defendant’s cellular phone as part of the State’s evidence against the Defendant at trial.

 

  1. That, based on, and in light of, the foregoing, it is fair, just, proper and necessary for this Court to issue an Order suppressing any and all contents obtained from the Defendant’s cellular phone, because the seizure of the Defendant’s cellular phone in question was a clear and undeniable violation of his rights guaranteed under the Unites States Constitution.

 

WHEREFORE, counsel for the Defendant prays the Court that an Order be issued suppressing any and all contents obtained from the Defendant’s cellular phone on the grounds that the seizure of the cellular phone in question from the Defendant during the ___________, 2014 interview was a clear and flagrant violation of his rights guaranteed under the fourth and fourteenth Amendments to the United States Constitution.

 

This the ______ day of _____________, 2015

________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Telephone: (910) 347-3344

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Motion to Suppress in the above-entitled action upon ______________, Assistant District Attorney, the __________ Judicial District, by hand delivering a copy of the same to his office located at _______ Court Street, Jacksonville, North Carolina.

 

This the ______th day of ____________, 2015.

 

 

 

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

Motion to Suppress (example no. 2)

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO.: 07 CRS _________________

 

 

STATE OF NORTH CAROLINA                )

)

  1. )

)                       MOTION TO SUPPRESS

______________________________,           )

Defendant                   )

 

 

NOW COMES the Defendant, _________________________ pursuant to N.C.G.S. § 15A-972, by and through his attorney,  PAUL Y. CASTLE, and herby moves this Court for an Order suppressing any evidence obtained during the vehicle stop of the Defendant, and as grounds therefore states:

 

  1. That the defendant is charged with (i) POSSESSION WITH INTENT TO MANUFACTURE, SELL, OR DELIVER MARIJUANA, (ii) MANUFACTURE MARIJUANA and (iii) POSSESSION OF DURG PARAPHERNALIA.

 

  1. That the defendant contends that the State’s evidence supporting the charges mentioned in Clause 1 was obtained as a result of, and in the course of, an illegal stop of the vehicle the defendant was traveling in.

 

  1. That on or about __________________, 2007, around 7: 11 p.m., Officer of the Jacksonville Police Department was in the process of responding to the area around Davis Street, pursuant to his superior’s instructions to locate a black male in the area.

 

  1. That Officer __________ observed a white Cadillac pass him by on Davis Street heading in the direction of Henderson Drive.  This vehicle was driven by a white male and the right front passenger seat was occupied by a black male, the defendant.

 

  1. That as Officer __________ passed this vehicle, the defendant, initially seated low on the right front passenger side, sat up, looked at the officer and laid back down. Officer __________ radioed his superior, Sgt. _______________ of the Jacksonville Police Department, about the vehicle.  _____________ and Officer _______________ conducted a traffic stop on the vehicle soon thereafter.

 

  1. That at the time Officers ___________ and _____________                                                                                                                                                                                                                                                                                                                                                                                                                                                                          conducted the stop of the vehicle, no objective facts were present providing for a reasonable suspicion that the defendant, or the driver of the vehicle, was engaged in or had been engaged in criminal activity.  See Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed. 660 (1979); State v. Watkins, 337 N.C. 437, 446 S.E.2d 67 (1994).  The sole reason that Sgt. _______________ and Officer _______________ stopped the vehicle was because they had been contacted by Officer _______________ about it.  Officer _______________’s only stated reason for contacting Sgt _______________ about the vehicle was i) that he was in the process of locating an unspecified black male subject in the area at the time; ii) that the defendant, seated in the front passenger seat, happened to be a black male; and iii) that he sat up, looked at him, and laid back down.

 

  1. That the defendant has standing to challenge the stop of the vehicle he was traveling in because his person was necessarily seized when the vehicle was stopped. See Brendlin v. California, 127 S. Ct. 2300, 168 L. Ed. 2d 132 (2007).

 

  1. That the vehicle stop, conducted by Sgt. _______________ and Officer _______________, was an unreasonable seizure under Article I § 20 of the North Carolina Constitution and the 4th and 14th Amendments to the United States Constitution.

 

  1. That the evidence obtained during the vehicle stop was in violation of the defendant’s rights under Article I § 20 of the North Carolina Constitution and the 4th and 14th Amendments to the United States Constitution, and that pursuant to N.C.G.S. § 15A-974 any evidence obtained therefrom should be suppressed.

 

WHEREFORE, counsel for the Defendant prays the Court that an Order issue suppressing the evidence seized during the vehicle stop and that since all of the evidence in this case results from the vehicle stop, that the charges be dismissed.

 

 

This the ____ day of ___________, 2008

 

 

 

 

________________________________

Paul Y. K. Castle

Attorney for the Defendant

323 New Bridge Street

Jacksonville, NC 28540

Telephone: (910) 353-5292

 

 

 

CERTIFICATE OF SERVICE

 

I, Paul Y. Castle, hereby certify that I have served a copy of the foregoing Motion To Suppress upon _____________ Assistant District Attorney, by hand delivering a copy to him.

 

 

This the _____ day of _____________, 2008.

 

 

_______________________________

Paul Y. K. Castle

Attorney for the Defendant

 

 

 

Notice of Defense of Self-Defense

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF ONSLOW                                          FILE NO: 14 CRS ______________

 

 

STATE OF NORTH CAROLINA    )

)

  1. )                                NOTICE OF DEFENSE OF

)                                        SELF DEFENSE

____________________________ ,  )

Defendant                   )

 

 

NOW COMES the Defendant, _________________, by and through the undersigned attorney, Paul Y. K. Castle, pursuant to N.C. Gen. Stat. §15A-905, and gives Notice to the State of the Defendant’s intent to assert the defense of self defense.

 

The self defense arises from the fact that the alleged victim ____________set up a fake drug deal, thus induced the Defendant to be driven to a secluded area of the town, robbed the Defendant at gun point and was in the process of disarming the Defendant before killing him.  Under the circumstances, it appeared necessary to the Defendant to act the way he allegedly did in order to protect himself from death or great bodily harm.

 

Respectfully submitted, this the _______ day of ____________, 2016.

 

 

 

___________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. (910) 347-3344

castlelawfirm@gmail.com

 

 

 

CERTIFICATE OF SERVICE

 

This is to certify that the undersigned has this date served this Notice of Defense of Self Defense in the above-entitled action upon Mr. ____________, Assistant District Attorney for the __________ Judicial District, by hand delivering a copy of the same to his office located at _______Court Street, Jacksonville, North Carolina.

 

This the ________day of _________, 2016.

____________________________

Paul Y. K. Castle

Attorney for the Defendant

 

 

 

 

 

Family Law

Complaint (child custody, child support, spousal support and equitable distribution)

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COURT OF ONSLOW                                              FILE NO.: 17 CVD _____________

 

 

________________________,                  )

Plaintiff,                             )

)

  1. )                                  COMPLAINT

)

________________________,                  )

Defendant,                         )

 

 

The Plaintiff, complaining of the Defendant, alleges:

  1. That this is an action for child custody, child support, spousal support, equitable distribution of the marital property, attorney’s fees, and other matters as set out herein.

 

  1. That the Plaintiff is, and has been, a resident and citizen of Onslow County, North Carolina for more than six months preceding the institution of this action.

 

  1. That the Defendant is a resident and citizen of Onslow County, North Carolina.

 

  1. That the Plaintiff and Defendant, lawfully married one to the other on or about ______, 2015, lived as husband and wife until on or about ________, 2017, when the parties separated with the intent to remain separate and apart.

 

  1. That there is one child born of the marriage of the parties: namely, _________, born on __________, 2016.

 

  1. That while the parties’ aforesaid minor child is presently in the Defendant’s physical custody, the minor child was in the Plaintiff’s physical custody continuously from birth until _________, 2017.

 

  1. That the State of North Carolina has jurisdiction to decide the issue of custody and make a custody determination regarding the said minor child because:

 

  1. North Carolina is the home state of the said minor child and has been the home state of the minor child for more than six (6) months preceding the institution of this action.

 

  1. There are no pending proceedings with respect to the said minor child in a court of this or any other state.

 

  1. It is in the best interest of the said minor child that a court of this State assume jurisdiction because the said minor child and both parties have a significant connection with this State, and there is available in this State substantial evidence relevant to the minor child’s present and future care, protection, training and personal relationships.

 

  1. That the said minor child has resided for the past five years as follows:
  2. with the _____________ from ____________ 2017 to the present at ______________, Jacksonville, North Carolina;

 

  1. with the ____________ from ___________ 2017 to __________ 2017 at _____________, Jacksonville, North Carolina;

 

  1. with the ______________ from _____________ 2017 to ___________ 2017 at ______________, Jacksonville, North Carolina;

 

  1. with the ______________ from ____________ to ____________ 2017 at ______________, Jacksonville, North Carolina.

 

  1. That the Plaintiff, _______________, is a fit and proper person to have both temporary and permanent care, custody and control of the said minor child, and it is in the minor child’s best interest and will promote his general health and welfare if his care, custody and control is vested with the Plaintiff.

 

  1. That the Defendant, ______________, is a fit and proper person to have the secondary custody of the child as exercised through reasonable and liberal visitation privileges.

 

  1. That in order to insure stability for the said minor child and to avoid emotional trauma resulting from a potential conflict between the parties, it will be in the said minor child’s best interest and will promote his general health and welfare if his temporary physical care, custody and control is granted to the Plaintiff, _________________, pending further orders of the Court and pending a full hearing on the merits of the case.

 

  1. That in order to avoid controversy between the parties hereto with regard to the custody of the aforesaid minor child, it is in the best interest of the said minor child and of the both parties hereto that this Court make an award of custody.

 

  1. That as the natural parents of the said minor child, the Plaintiff and Defendant both owe a duty of support to the said minor child, pursuant to the provisions of N.C. Gen. Stat. § 50-13.4.

 

  1. That the Defendant is an able-bodied person capable of earning a good income sufficient to enable him to provide adequate child support for the use and benefit of the parties’ minor child consistent with the North Carolina Child Support Guidelines currently in effect; and that, as the natural father of the said minor child, the Defendant owes a duty of support and that the Plaintiff is in need of, and is entitled to receive, child support from the Defendant herein for the use and benefit of the said minor child.

 

  1. That as additional support for the said minor child, the Defendant should be responsible for paying his share of the uninsured medical, dental, orthodontic, optometric, psychiatric, psychological and prescription drug expenses of the said minor child.

 

  1. That the Plaintiff has at all times since ____________, 2015 been a faithful and dutiful wife to the Defendant and has expended her time, energies and efforts in providing for the Defendant and the family.

 

  1. That notwithstanding the performance by the Plaintiff of all of her marital obligations, as aforesaid, the Defendant, nevertheless, without just cause, excuse or provocation and despite the Plaintiff’s constant efforts to live with the Defendant in peace and harmony, has done the following:

 

  1. Has withdrawn his love and affection from the Plaintiff;
  2. Has committed adultery;
  3. Has engaged in illicit sexual relations with a third party;
  4. Has physically assaulted the Plaintiff on multiple occasions;
  5. Has been emotionally, verbally and mentally abusive to the Plaintiff;
  6. Has made such other and further indignities to the person of the Plaintiff so as to render her life burdensome and her condition intolerable.

 

  1. That the Defendant is an able-bodied person capable of providing adequate support for the Plaintiff; and that the Defendant is a ‘supporting spouse’ within the intent and meaning of North Carolina General Statutes §50-16.1A(5).

 

  1. That the Plaintiff’s income is not sufficient to support herself and that she is a “dependent spouse” within the intent and meaning of North Carolina Statutes §50-16.1A(2).

 

  1. That because the Plaintiff’s income and resources are not adequate to meet her reasonable needs and because the Defendant has the ability to pay, the Plaintiff is entitled to an award of post-separation support as provided in North Carolina General Statutes §15-16.2A.

 

  1. That because the Plaintiff’s income and resources are not sufficient to meet her reasonable needs and because the Defendant has the ability to pay, the Plaintiff is entitled to an award of alimony as provided in North Carolina General Statutes §50-16.3A.

 

  1. That in the course of the marriage between the parties and before the date of separation, the parties had acquired property and debt which are ‘marital’ within the meaning of N.C. Gen. Stat. §50-20, and subject to equitable distribution; and that after the parties’ separation, they have acquired property and debt that are ‘divisible’ within the meaning of N.C. Gen. Stat. §50-20.

 

  1. That the circumstances of this case and of the respective parties hereto warrant that an unequal division of the marital property between the Plaintiff and Defendant is equitable, with the Plaintiff receiving a greater portion of the marital property than the Defendant.

 

  1. That the Plaintiff is acting in good faith in initiating this action and has insufficient funds to defray the expense of this suit, including reasonable attorney fees.

 

WHEREFORE, the Plaintiff, _______________________, prays the Court as follows:

  1. That this verified Complaint be treated as an Affidavit for all purposes permitted by the North Carolina Rules of Civil Procedure.

 

  1. That the Plaintiff, ______________, be granted the primary care, custody and control of the parties’ minor child, _______________, born on ______________, 2016.

 

  1. That the Defendant, _______________, be granted the secondary care, custody and control of the said minor child as exercised through reasonable and liberal visitation privileges.

 

  1. That the Plaintiff be awarded the immediate, temporary physical care, custody and control of the aforesaid minor child, pending further orders of the Court and a full hearing on the merits in the above-entitled action.

 

  1. That the Court enter an order requiring the Defendant to pay to the Plaintiff reasonable support for the aforesaid minor child and that the said sum be set pursuant to the current North Carolina Child Support Guidelines.
  2. That the Court enter an order requiring the Defendant to pay his share of the reasonable uninsured medical, dental, orthodontic, optometric, psychiatric, psychological and prescription drug expenses of the aforesaid minor child.
  3. That the Plaintiff be awarded custody, child support, post-separation support and attorney fees pendent lite.
  4. That the Defendant be ordered to pay the Plaintiff as post-separation support such sum of money as the Court may deem just and proper.
  5. That the Defendant be ordered to pay the Plaintiff as alimony such sum of money as the Court may deem just and proper.
  6. That the Court provide for an equitable distribution of the marital and divisible property and marital debts of the parties, in the Plaintiff’s favor.

 

  1. That the Defendant be ordered to pay a reasonable sum of attorney fees to the Plaintiff’s attorney.

 

  1. That the costs of this action, if the same be contested by the Defendant, be taxed against the Defendant.

 

  1. That Paul Y. K. Castle be allowed to withdraw as attorney of record for the Plaintiff upon the entry of a final judgment in this matter.

 

  1. That the Plaintiff be granted such other and further relief as the Court may deem just and proper.

 

This the ________ day of ____________, 2017.

 

THE CASTLE LAW FIRM, P.C.

 

______________________________

Paul Y. K. Castle, Esq.

Attorney for Plaintiff

502 College Street

Jacksonville, NC 28540

(Tel) 910-347-3344

NC Bar Number: 33378

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

VERIFICATION

 

_______________________ being first duly sworn, deposes and says:

 

That she is the Plaintiff in the above entitled action and as such she has read the foregoing Complaint and knows the contents thereof, that the same is true of her own knowledge and belief, except as to those matters and things set forth therein upon information and belief, and as to those matters, she believes them to be true.

 

This the ___________ day of ______________, 2017.

 

 

_________________________________

______________________

 

 

Sworn to and subscribed before me,

This the _________ day of ____________, 2017

 

______________________________________

Notary Public

 

My Commission Expires: __________________

 

 

 

Answer and Counterclaim (child custody, child support, spousal support and equitable distribution)

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COURT OF ONSLOW                                              FILE NO.: 14 CVD _______________

 

 

____________________________,          )

Plaintiff,                             )

)

  1. )                ANSWER AND COUNTERCLAIM

)

________________________________,  )

Defendant,                         )

 

 

 

The Defendant answers the Complaint of the Plaintiff as follows:

 

  1. That the allegations contained in Paragraph 1 of the Plaintiff’s Complaint are admitted.

 

  1. That the allegations contained in Paragraph 2 of the Plaintiff’s Complaint are denied.

 

  1. That the allegations contained in Paragraph 3 of the Plaintiff’s Complaint are admitted.

 

  1. That the allegations contained in Paragraph 4 of the Plaintiff’s Complaint are admitted.

 

  1. That the allegations contained in Paragraph 5 of the Plaintiff’s Complaint are admitted.

 

  1. That the allegations contained in Paragraph 6 of the Plaintiff’s Complaint are admitted.

 

  1. That the allegations contained in Paragraph 7 of the Plaintiff’s Complaint are admitted, subject to the following qualifications:

 

  1. The allegations contained in Subparagraph 7.a. of the Plaintiff’s Complaint are denied.

 

  1. The allegations contained in Subparagraph 7.b. of the Plaintiff’s Complaint are denied.

 

  1. That the allegations contained in Paragraph 8 of the Plaintiff’s Complaint are denied.

 

  1. That the allegations contained in Paragraph 9 of the Plaintiff’s Complaint are admitted, subject to the following qualification:

 

  1. That the allegations contained in Subparagraph 9.a. of the Plaintiff’s Complaint are denied.

 

  1. That the allegations contained in Subparagraph 9.b. of the Plaintiff’s Complaint are denied.

 

  1. That the allegations contained in Paragraph 10 of the Plaintiff’s Complaint are denied.

 

  1. That the allegations contained in Paragraph 11 of the Plaintiff’s Complaint are admitted.

 

  1. That the allegations contained in Paragraph 12 of the Plaintiff’s Complaint are admitted.

 

  1. That the allegations contained in Paragraph 13 of the Plaintiff’s Complaint are admitted.

 

  1. That the allegations contained in Paragraph 14 of the Plaintiff’s Complaint are admitted, except for the fact that the Defendant, as well as the Plaintiff, is entitled to an equitable distribution of the parties’ marital property, pursuant to N.C. Gen. Stat. §50-20(c).

 

  1. That the allegations contained in Paragraph 15 of the Plaintiff’s Complaint are denied.

 

  1. That the allegations contained in Paragraph 16 of the Plaintiff’s Complaint are denied.

 

  1. That the allegations contained in Paragraph 17 of the Plaintiff’s Complaint are denied.

IN ADDITION, THE DEFENDANT COUNTERCLAIMS AS FOLLOWS:

  1. That this is an action for child custody, child support, spousal support, equitable distribution of the marital property, attorney’s fees, and other matters as set out herein.

 

  1. That the Defendant is a citizen and resident of ____________ County, _____________.

 

  1. That the Plaintiff is, and has been, a resident and citizen of Onslow County, North Carolina for more than six months preceding the institution of this action.

 

  1. That the Plaintiff and Defendant, lawfully married one to the other on or about ___________, 2007, lived as husband and wife until on or about ____________, 2013, when the parties separated with the intent to remain separate and apart.

 

  1. That there are two children born of the marriage of the parties: namely, _____________, born on ____________, 2009 and _____________, born on ____________, 2013.

 

  1. That the parties’ older child __________ has been in the Defendant’s physical custody since the parties’ separation in September 2013, and that the parties’ younger child ______________ has always been in the Defendant’s physical custody since birth.

 

  1. That the State of North Carolina has jurisdiction to decide the issue of custody and make a custody determination regarding each of the said minor children because:

 

  1. North Carolina was the home state of each of the said minor children within six (6) months before the commencement of this proceeding, and while each of the said minor children is absent from this State, a parent – i.e., the father of each child – continues to live in this State.

 

  1. There are no pending proceedings with respect to the said minor children in a court of this or any other state.

 

  1. It is in the best interest of the said minor children that a court of this State assume jurisdiction because the said minor children and at least one of the children’s parents have a significant connection with this State, and there is available in this State substantial evidence relevant to the minor children’s present and future care, protection, training and personal relationships.

 

  1. That the Defendant’s Affidavit providing the information as to the status of the said minor children as required by N.C. Gen. Stat. §50A-209 is attached hereto as Exhibit A and incorporated herein by reference as if fully set forth.

 

  1. That the Defendant, _______________, is a fit and proper person to have both temporary and permanent primary care, custody and control of the said minor children, and it is in the children’s best interest and will promote their general health and welfare if their primary care, custody and control is granted to the Defendant.

 

  1. That the Plaintiff, ________________, is a fit and proper person to have the secondary care, custody and control of the said minor children as exercised through reasonable and liberal visitation privileges.

 

  1. That in order to insure stability for the said minor children and to avoid emotional trauma resulting from a potential conflict between the parties, it will be in the said minor children’s best interest and will promote their general health and welfare if their temporary primary physical care, custody and control is granted to the Defendant, __________________, pending further orders of the Court and pending a full hearing on the merits of the case.

 

  1. That in order to avoid controversy between the parties hereto with regard to the custody of the aforesaid minor children, it is in the best interest of the said minor children and of the both parties hereto that this Court make an award of custody.

 

  1. That as the natural parents of the said minor children, the Plaintiff and Defendant both owe a duty of support to the said minor children, pursuant to the provisions of N.C. Gen. Stat. § 50-13.4.

 

  1. That the Plaintiff is an able-bodied person capable of earning a good income sufficient to enable him to provide adequate child support for the use and benefit of the parties’ minor children consistent with the North Carolina Child Support Guidelines currently in effect; and that, as the natural father of the said minor children, the Plaintiff owes a duty of support and that the Defendant is in need of, and is entitled to receive, child support from the Plaintiff herein for the use and benefit of the said minor children.

 

  1. That as additional support for the said minor children, the Plaintiff should be responsible for paying his share of the uninsured medical, dental, orthodontic, optometric, psychiatric, psychological and prescription drug expenses of the said minor children.

 

  1. That the Defendant has at all times since _______________, 2007 been a faithful and dutiful wife to the Plaintiff and has expended her time, energies and efforts in providing for the family.

 

  1. That notwithstanding the performance by the Defendant of all of her marital obligations, as aforesaid, the Plaintiff, nevertheless, without just cause, excuse or provocation and despite the Defendant’s constant efforts to live with the Plaintiff in peace and harmony, has done the following:

 

  1. Has abandoned the Defendant;
  2. Has withdrawn his love and affection from the Defendant;
  3. Has committed adultery;
  4. Has engaged in illicit sexual relations with a third party;
  5. Has been emotionally, verbally and mentally abusive to the Defendant;
  6. Has made such other and further indignities to the person of the Defendant so as to render her life burdensome and her condition intolerable.

 

  1. That the Plaintiff is an able-bodied person capable of providing adequate support for the Defendant; and that the Plaintiff is a ‘supporting spouse’ within the intent and meaning of North Carolina General Statutes §50-16.1A(5).

 

  1. That the Defendant’s income is not sufficient to support herself and that she is a “dependent spouse” within the intent and meaning of North Carolina Statutes §50-16.1A(2).

 

  1. That because the Defendant’s income and resources are not adequate to meet her reasonable needs and because the Plaintiff has the ability to pay, the Defendant is entitled to an award of post-separation support as provided in North Carolina General Statutes §15-16.2A.

 

  1. That because the Defendant’s income and resources are not sufficient to meet her reasonable needs and because the Plaintiff has the ability to pay, the Defendant is entitled to an award of alimony as provided in North Carolina General Statutes §50-16.3A.

 

  1. That in the course of the marriage between the parties and before the date of separation, the parties had acquired property and debt which are ‘marital’ within the meaning of N.C. Gen. Stat. §50-20, and subject to equitable distribution; and that after the parties’ separation, they have acquired property and debt that are ‘divisible’ within the meaning of N.C. Gen. Stat. §50-20.

 

  1. That the circumstances of this case and of the respective parties hereto warrant that an unequal division of the marital property between the Plaintiff and Defendant is equitable, with the Defendant receiving a greater portion of the marital property than the Plaintiff.

 

  1. That the Defendant is acting in good faith in defending against this action and has insufficient funds to defray the expense of this suit, including reasonable attorney fees.

 

WHEREFORE, the Defendant, _____________________, prays the Court as follows:

  1. That this verified Answer and Counterclaim be treated as an Affidavit for all purposes permitted by the North Carolina Rules of Civil Procedure.

 

  1. That the Plaintiff’s claims for the joint legal and physical care, custody and control of the parties’ aforesaid minor children, whether temporary or permanent, be denied and dismissed.

 

  1. That the Plaintiff’s claims for a larger share of the parties’ marital property than the Defendant be denied and dismissed.

 

  1. That the Plaintiff’s claims for a half of the _____________ income tax refund be denied and dismissed.

 

  1. That the Defendant, __________________, be granted the primary care, custody and control of the said minor children, _____________, born on ___________, 2009 and ______________, born on _____________, 2013.

 

  1. That the Plaintiff, __________________, be granted the secondary care, custody and control of the said minor children as exercised through reasonable and liberal visitation privileges.

 

  1. That the Defendant be awarded the immediate, temporary physical care, custody and control of the aforesaid minor children, pending further orders of the Court and a full hearing on the merits in the above-entitled action.

 

  1. That the Court enter an order requiring the Plaintiff to pay to the Defendant reasonable support for the aforesaid minor children and that the said sum be set pursuant to the current North Carolina Child Support Guidelines.
  2. That the Court enter an order requiring the Plaintiff to pay his share of the reasonable uninsured medical, dental, orthodontic, optometric, psychiatric, psychological and prescription drug expenses of the aforesaid minor child.
  3. That the Defendant be awarded custody, child support, post-separation support and attorney fees pendent lite.
  4. That the Plaintiff be ordered to pay the Defendant as post-separation support such sum of money as the Court may deem just and proper.
  5. That the Plaintiff be ordered to pay the Defendant as alimony such sum of money as the Court may deem just and proper.
  6. That the Court provide for an equitable distribution of the marital and divisible property and marital debts of the parties, in the Defendant’s favor.

 

  1. That the Plaintiff be ordered to pay a reasonable sum of attorney fees to the Defendant’s attorney.

 

  1. That the costs of this action, if the same be contested by the Plaintiff, be taxed against the Plaintiff.

 

  1. That Paul Y. K. Castle be allowed to withdraw as attorney of record for the Defendant upon the entry of a final judgment in this matter.

 

  1. That the Defendant be granted such other and further relief as the Court may deem just and proper.

 

This the ________ day of __________________, 2014.

THE CASTLE LAW FIRM, P.C.

 

 

 

______________________________

Paul Y. K. Castle, Esq.

Attorney for Defendant

502 College Street

Jacksonville, NC 28540

(Tel) 910-347-3344

NC Bar Number: 33378

 

 

 

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

VERIFICATION

 

_____________________________________, being first duly sworn, deposes and says:

 

That she is the Defendant in the above entitled action and as such she has read the foregoing Answer and Counterclaim and knows the contents thereof, that the same is true of her own knowledge and belief, except as to those matters and things set forth therein upon information and belief, and as to those matters, she believes them to be true.

 

This the ___________ day of _________________, 2014.

 

 

_________________________________

 

 

 

Sworn to and subscribed before me,

This the _________ day of _____________, 2014

 

______________________________________

Notary Public

 

My Commission Expires: __________________

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

CERTIFICATE OF SERVICE

 

This is to certify that I have this day served a copy of the foregoing Answer and Counterclaim on the Individuals listed by placing said copy in a postpaid envelope, addressed to the person hereinafter named, at the place and address listed below, and by depositing said envelope and its contents in the United States Mail in Jacksonville, North Carolina as follows:

 

_____________________________

c/o _________________, Esq.

Attorney at Law

____________________ Street

Jacksonville, NC 28540

 

 

This the ________ day of _______________, 2014.

 

 

__________________________________

Paul Y. K. Castle

Attorney for Defendant

502 College Street

Jacksonville, NC 28540

(Tel) 910-347-3344

 

 

 

Affidavit as to the Status of Child

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COURT OF ONSLOW                                              FILE NO.: _____________________

 

 

_____________________________,        )

Plaintiff,                             )

)

  1. )                                     AFFIDAVIT                                                                                               )

_______________________________,    )

Defendant,                         )

 

 

Affiant, being duly sworn, deposes and says:

 

  1. That the undersigned is the defendant in the above-captioned case.

 

  1. That the undersigned is the natural mother of the minor child, ___________, born on ________________, 2009.

 

  1. That the minor child has resided for the past five years as follows:

 

  1. With _______________ from _________ to _____________ at __________________, Georgia;

 

  1. With ________________ from ______________ to ______________ at _________________, Jacksonville, North Carolina;

 

  1. With _______________from ____________ to ________________ at ____________________, Virginia;

 

  1. With _______________ from ______________ to _____________ at ____________________, Virginia;

 

  1. With ________________ from ____________to _______________ at ___________________, Jacksonville, North Carolina.

 

  1. That the undersigned does not have information of any custody proceeding concerning the said minor child pending in a Court of this or any other state.

 

  1. That the undersigned does not know of any person not a party to the proceeding who has physical custody of the said minor child or claims to have custody or          visitation rights with respect to the said minor child.

 

This the ________ day of _______________, 2014

___________________________________

 

 

 

 

Sworn to and subscribed before me

This the _________ day of __________________, 2014

 

______________________________________

Notary Public

 

My Commission Expires: ________________

 

 

 

 

 

 

 

 

 

 

Motion to Quash Subpoena

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                          FILE NO: 14 ________________

 

 

______________________________,           )

Plaintiff                                   )

  1. )     MOTION TO QUASH SUBPOENA

)                             

______________________________,           )

Defendant                               )

___________________________________  )

 

NOW COME the defendant herein, _____________________, in the above-captioned case, by and through the undersigned attorney, Paul Y. K. Castle, pursuant to N.C. Gen. Stat. §1A-1, Rule 45 (c)(3), and moves the Court for an Order quashing the plaintiff’s subpoena served on the defendant on or about _______________, 2015.  In support of this Motion, the defendant states and alleges:

 

  1. That the plaintiff, by and through his attorney, issued a subpoena to the defendant on or about _______________, 2015, under file number 14 CvD _____________.

 

  1. That the said subpoena is defective, because the matter filed under 14 CvD __________ in Onslow County, North Carolina, whatever that might be, does not pertain to the plaintiff or the defendant in the above-captioned matter in any shape or form.

 

  1. That the said defective subpoena issued by the plaintiff was not served on the defendant until _______________, 2015.

 

  1. That in the said defective subpoena, the defendant was commanded to appear and testify in court in Onslow County, North Carolina at 11:00 a.m. on Monday, ____________, 2015.

 

  1. That the said defective subpoena is defective for yet another reason, because there is no hearing scheduled for 11:00 a.m. on Monday, ______________, 2015 in the above-captioned case.

 

  1. That in the said defective subpoena, the defendant was commanded to produce, for the purpose of enabling the inspection and copying by the plaintiff, a large quantify of documents and records by 11:00 a.m. on Monday, _______________, 2015.

 

  1. That because the defendant was not served with the said subpoena until ______________, 2015, the subpoena fails to allow reasonable time for compliance.

 

  1. That no copy of the said subpoena has been delivered, mailed or faxed to the defendant’s attorney at the time of the filing of this Motion, in violation of N.C. Gen. Stat. §1A-1, Rule 5 (b).

 

WHEREFORE, the Defendant, ____________________, prays the Court as follows:

 

  1. That this Court issue an Order quashing the aforementioned subpoena served on the Defendant on or about ________________, 2015.

 

  1. That the Defendant have and recover such other and further relief as this Court deems just and proper.

 

This, the __________ day of ___________________, 2015.

THE CASTLE LAW FIRM, P.C.

______________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Telephone: (910) 347-3344

State Bar #: 33378

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

CERTIFICATE OF SERVICE

 

This is to certify that I have this day served a copy of the foregoing Motion on the Individuals listed by placing said copy in a postpaid envelope, addressed to the person hereinafter named, at the place and address listed below, and by depositing said envelope and its contents in the United States Mail in Jacksonville, North Carolina as follows:

 

___________________________

c/o ________________

Attorney at Law

______________ New Bridge Street

Jacksonville, NC 28540

 

This the ________ day of _______________, 2015.

__________________________________

Paul Y. K. Castle

Attorney for Defendant

502 College Street

Jacksonville, NC 28540

(Tel) 910-347-3344

 

 

 

 

Rule 60(B) Motion (absolute divorce)

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                           FILE NO.: 15 CvD ___________

 

 

___________________________,                 )

Plaintiff                                               )

)

  1. ) RULE 60(B) MOTION

)

______________________________,           )

Defendant                                           )

____________________________________)

 

 

COME NOW the defendant herein, ______________________, in the above-captioned case, by and through the undersigned attorney, Paul Y. K. Castle, and, pursuant to N.C. Gen. Stat. §1A-1, Rule 60(b), moves the Court for an Order setting aside an Order entered by this Court on _____________________, 2015 in this matter and relieving the defendant from the said Order.  In support of this Motion, the defendant alleges and states the following:

 

  1. That the plaintiff is, and had been, allegedly a resident and citizen of ____________ County, North Carolina for at least six (6) months next preceding the institution of this action.

 

  1. That the defendant is, and has been, a resident and citizen of _____________ County, _____________for at least six (6) months at the time of the filing of this motion.

 

  1. That the defendant and plaintiff were married, each to the other, on or about _______________, 2006, and that the parties separated each from the other, in___________2013 with the intent to remain separate and apart and have in fact remained separate and apart from that date.

 

  1. That there are no children born of the marriage between the defendant and plaintiff.

 

  1. That on or about ________________, 2015, the plaintiff filed a complaint with this Court requesting, among other things, that the plaintiff and the defendant be granted an absolute divorce from each other.

 

  1. That in the said complaint filed on __________________, 2015, the plaintiff alleged and thus represented to this Court that the defendant was a resident of ______________, North Carolina, even though the defendant was in fact a citizen and resident of ___________ County, ______________ at that time and even though, upon belief and information, the plaintiff knew full well that the defendant resided in the state of Texas at that time.

 

  1. That on or about ______________, 2015, the plaintiff exchanged text messages with the defendant, asking her specifically what her address was in ______________, making it abundantly clear that the plaintiff knew full well that the defendant resided in _____________, not in ________________, at that time.

 

  1. That since the date of the aforesaid text messaging between the plaintiff and defendant, the plaintiff has filed no amended complaint in order to have his pleading correctly reflect the fact that the defendant resides in ______________, not in ___________, _________________.

 

  1. That during the period between ______________, 2015 and ________________, 2015, the plaintiff published his notice of service of process by the Fayetteville Observer, a newspaper that circulated in the area of ______________, ______________, not in the state of _____________, even though the plaintiff knew full well that the defendant resided in the state of ______________, not in the state of ________________, at that time.

 

  1. That N.C. Gen. Stat. §1A-1, Rule 4 (J1) specifically states that “service of process by publication shall consist of publishing a notice of service of process by publication once a week for three successive weeks in a newspaper that is qualified for legal advertising in accordance with G.S. 1-597 and G.S. 1-598 and circulated in the area where the party to be served is believed by the serving party to be located,” and that during the period of the aforesaid publication of notice of service of process by the plaintiff, he clearly believed the defendant to be located in the state of Texas, not in the state of North Carolina.

 

  1. That based on the above-mentioned fraudulent representation as to the defendant’s residency and based on the above-mentioned incorrect and improper service of process by publication, the plaintiff filed a motion for summary judgment, on or about ________________, 2015, requesting an absolute divorce from the defendant, and that a summary judgment granting the plaintiff the relief he had requested was granted in a Judgment of this Court entered on _______________, 2015.

 

  1. That for the foregoing reasons, the plaintiff made an intentional misrepresentation to this Court in regard to the defendant’s county and state of residency, and he thus committed intentional fraud on the Court in order to have the Court grant him the relief he sought, and that these fact in fact constitute paradigm grounds for which this Court may set the aforesaid ________________, 2015 Judgment aside and relieve the defendant from the said Judgment.

 

  1. That based on, and in light of, the foregoing, it is fair, just, proper and necessary, pursuant to Rule 60(b) of §1A-1 of the North Carolina Civil Procedure, to set aside the Judgment of this Court entered in this matter on ________________, 2015, and to relieve the defendant, ______________________ from the said Judgment.

 

  1. That the defendant has had to employ the undersigned counsel to prepare, file and prosecute this motion, and that the defendant is without sufficient means to defray the costs of these proceedings brought about by the plaintiff’s willful misrepresentation and fraud to the Court.

 

 

WHEREFORE, the defendant, _________________________, prays the Court as follows:

 

  1. That this verified Motion be taken as a duly verified affidavit for all purposes allowed under the North Carolina Rules of Civil Procedure and that the Court may enter Orders for relief to which the defendant may be entitled in law and equity.

 

  1. That the Court issue an Order setting aside the Judgment of this Court entered in this matter on ____________________, 2015 and relieving the defendant, _____________________, from the said Judgment.

 

  1. That after proper service of process is effectuated on the defendant consistently with the North Carolina Rules of Civil Procedure, the defendant be allowed to answer the plaintiff’s complaint, or otherwise file appropriate motions and counterclaims in the matter, within 30 days from the date of service.

 

  1. That the Court enter an Order requiring the plaintiff, _____________________ to pay the costs of this action including reasonable attorney fees for the preparation, filing and hearing of this motion.

 

  1. That the costs of this action be taxed against the plaintiff.

 

  1. That upon the entry of a final judgment in this matter, the defendant’s attorney, Paul Y. K. Castle, be allowed to withdraw as attorney of record for the defendant.

 

  1. That the defendant, ________________________, be granted such other and further relief as this Court deems just and proper.

 

This, the __________ day of ____________________, 2015

 

THE CASTLE LAW FIRM, P.C.

 

 

______________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Telephone: (910) 347-3344

State Bar #: 33378

 

 

 

 

STATE OF ________________

 

COUNTY OF __________________

 

 

VERIFICATION

 

_____________________________, first being duly sworn, deposes and says:

 

That she is the Defendant in the foregoing action; that she has read the foregoing Motion, knows the contents thereof; and that the same is true of her own knowledge and belief, except as to those matters and things alleged on information and belief, and as to those she believes them to be true.

 

This, the ________ day of _____________________, 2015.

 

 

__________________________________

 

 

 

Sworn to and subscribed before me,

 

This the _________ day of ___________________, 2015

 

______________________________________

Notary Public

 

My Commission Expires: __________________

 

 

 

 

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

CERTIFICATE OF SERVICE

 

This is to certify that I have this day served a copy of the foregoing Motion on the Individuals listed by placing said copy in a postpaid envelope, addressed to the person hereinafter named, at the place and address listed below, and by depositing said envelope and its contents in the United States Mail in Jacksonville, North Carolina as follows:

 

_____________________

c/o__________________, Esq.

Attorney at Law

P.O Box ____________

Jacksonville, NC 28541-_______________

 

 

This the ________ day of ________________, 2015.

 

 

__________________________________

Paul Y. K. Castle

Attorney for Defendant

502 College Street

Jacksonville, NC 28540

(Tel) 910-347-3344

Motion for Contempt (child custody/visitation-example no 1)

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                      FILE NO: 14 CvD ______________

 

_______________________,             )

Plaintiff                       )

  1. )           MOTION FOR SHOW CAUSE

)

___________________,                     )

Defendant                   )

______________________________)

 

NOW COME the plaintiff herein, ____________________, in the above-captioned case, by and through the undersigned attorney, Paul Y. K. Castle, and moves the Court to issue an Order to the defendant herein, _________________, to appear and show cause, if any, why she should not be held in civil and/or criminal contempt for her willful failure to comply with the Court’s ___________________, 2014 Memorandum of Judgment.  In support of this Motion, the plaintiff shows onto the Court the following:

 

  1. That the plaintiff is and has been a citizen and resident of _________________ County, North Carolina for more than six (6) months next preceding the institution of this action.

 

  1. That the defendant is a citizen and resident of _______________ County, North Carolina.

 

  1. That the plaintiff and defendant, legally and lawfully married one to the other on or about the ________________, 2005, lived as husband and wife until ____________ 2013, at which time the parties separated.

 

  1. That there are two children born of the marriage of the plaintiff and defendant: namely, _________________, born on _____________, 2003; and _____________________, born on __________________, 2006.

 

  1. That the State of North Carolina has jurisdiction to decide the issue of custody and make a custody determination regarding the said minor children because North Carolina is the home state of the minor children.

 

  1. That there are no other pending proceedings with respect to the said minor children in a court of this or any other state.

 

  1. That a Memorandum of Judgment was entered by the consent of the parties on ____________________, 2014, whereby the defendant was awarded the temporary primary physical care, custody and control of the aforesaid minor children and the plaintiff awarded liberal and reasonable visitation privileges.

 

  1. That the aforementioned Memorandum of Judgment provides, in part, as follows:

 

  1. That “beginning Friday __________________, 2014 the plaintiff will have visitation with the minor children from Friday when the children are released from school until 6:00 p.m. on Sunday. Said visitation [is] to continue every other weekend.  Plaintiff will pick the children up for visitation at the children’s school and will return the children to Defendant or Defendant’s designee at the Burgaw Police Department”;

 

  1. That “[t]he parties will communicate as it relates to the minor children and in doing so will conduct themselves in an appropriate manner”;

 

  1. That “the parties will keep each other informed of their current contact information …”

 

  1. That the defendant, ____________________, has, without just cause or legal excuse, repeatedly, willfully, and flagrantly refused to comply with the aforesaid Memorandum of Judgment as follows:

 

  1. Since ____________________ until the present, the defendant has allowed the plaintiff no visitation with the parties’ aforesaid minor children, even though the plaintiff is ready, willing and able to exercise his visitation privileges, and even though the plaintiff has communicated his desire for visitation to the defendant several times through her lawyer and her mother;

.

  1. Since ______________________ until the present, the defendant has allowed the plaintiff no contact with the aforesaid minor children, whether it is in person, via phone or via Skype, even though the plaintiff is ready, willing and able to resume and maintain continuous contact with the minor children;

 

  1. Since ____________________ until the present, the defendant has maintained no communication with the plaintiff in regard to the aforesaid minor children’s health and general wellbeing;

 

  1. Upon belief and information, the defendant has changed residences multiple times since the entry of the aforementioned Memorandum of Judgment, but each time that she relocated, she did not once advise the plaintiff of her relocation or her new address.

 

  1. The defendant’s pattern of conduct as delineated above is undeniably part and parcel with her not so covert desire to cut the plaintiff completely out of the lives of the said minor children.

 

  1. The defendant’s pattern of conduct as delineated above is inconsistent with the best interests of the aforesaid minor children and inconsistent with the plaintiff’s right as a parent as protected under the First Amendment of the United States Constitution.

 

  1. As a result of the defendant’s pattern of conduct as delineated above, the aforesaid minor children have suffered perceptibly and imperceptibly, and have lived as if they had no father of their own.

 

  1. That the plaintiff has had to employ the undersigned counsel to secure compliance with the aforesaid Memorandum of Judgment entered on ____________________, 2014, and that the plaintiff is without sufficient means to defray the costs of these proceedings brought about by the defendant’s willful refusal to comply with the said Memorandum of Judgment.

 

WHEREFORE, the plaintiff, _____________________, prays the Court as follows:

 

  1. That this Motion be treated as an Affidavit for all purposes allowed under the North Carolina Rules of Civil Procedure.

 

  1. That the defendant, __________________, be held in civil and/or criminal contempt of Court for her willful refusal to comply with the terms and conditions of the Memorandum of Judgment entered by this Court on ________________, 2014.

 

  1. That the defendant, ________________, be ordered to appear before this Court and show cause, if any, why she should not be held in civil and/or criminal contempt of Court.

 

  1. That the plaintiff, _____________________ and the defendant, ____________________, be awarded shared physical care, custody and control of the parties’ aforesaid minor children, temporarily and permanently.

 

  1. That the plaintiff be allowed to phone, Skype, video chat with the said minor children at least twice per week when the said minor children are in the defendant’s physical custody.

 

  1. That the Court enter an Order requiring the defendant to pay the costs of this action including reasonable attorney fees for the preparation, filing and hearing of this Motion.

 

  1. That the plaintiff be granted such other and further relief as the Court may deem just and proper.

 

This the _________ day of __________________, 2015.

___________________________________

PAUL Y. K. CASTLE

Attorney for Plaintiff

502 College Street

Jacksonville, NC 28540

(910) 347-3344

State Bar No: 33378

 

STATE OF NORTH CAROLINA

 

COUNTY OF ____________________

 

__________________________, being first duly sworn, deposes and says that he is the plaintiff in the above-entitled action, that he has read the foregoing document, and knows the contents thereof, that the same is true of his own knowledge and belief, except as to those matters and things set forth therein upon information and belief, and as to those matters, he believes them to be true.

 

This the __________ day of _______________, 2015.

 

 

 

 

 

 

________________________________(SEAL)

 

 

 

 

 

Subscribed and sworn to before me

 

This the ________ day of ______________, 2015.

 

 

_____________________________

Notary Public

My Commission Expires: ___________________

 

 

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

CERTIFICATE OF SERVICE

 

This is to certify that I have this day served a copy of the foregoing Motion on the Individual listed by placing the said copy in a postpaid envelope, addressed to the person hereafter named, at the place and address listed below, and by depositing the said envelope and its contents in the United States Mail in Jacksonville, North Carolina as follows:

 

______________________

c/o __________________Esq.

Attorney at Law

______________ New Bridge Street

Jacksonville, NC 28540

 

This the _______ day of ______________________, 2015.

 

 

 

 

 

____________________________________

Paul Y. K. Castle

Attorney for Plaintiff

502 College Street

Jacksonville, NC 28540

Tel. 910-347-3344

 

 

 

Motion for Contempt (child custody/visitation, example no. 2)

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                      FILE NO: 15 CvD ______________

 

 

_______________________,             )

Plaintiff                       )

  1. ) MOTION FOR CONTEMPT

)

_______________________,             )

Defendant                   )

_____________________________  )

 

 

NOW COME the plaintiff herein, ___________________, in the above-captioned case, by and through the undersigned attorney, Paul Y. K. Castle, and moves the Court to issue an Order holding the defendant, ___________________, in civil and/or criminal contempt for her failure to comply with the terms and conditions of the Order entered on ____________, 2015 and signed on ______________, 2016.  In support of this Motion, the plaintiff shows onto the Court the following:

 

 

  1. That the plaintiff is and has been a citizen and resident of Onslow County, North Carolina for more than six months preceding the institution of this action.

 

  1. That the defendant is a citizen and resident of ____________, _______________.

 

  1. That the plaintiff and defendant, having been married each to the other on or about ______________, 2004, lived as husband and wife until on or about _____________, 2013, at which point the parties separated.  The parties were subsequently divorced on or about ________________, 2015.

 

  1. That there are ___________ children born of the marriage of the parties: namely,_______________, born on _____________, 2005; _______________, born on ____________, 2006; ______________, born on _______________, 2009.

 

  1. That North Carolina is the home state of the aforesaid minor children and this Court has jurisdiction to make a custody determination pursuant to the provisions of North Carolina General Statutes § 50A-201.

 

  1. That there are no pending proceedings with respect to the aforesaid minor children in a Court of this or any other state.

 

  1. That a temporary custody order was entered by this Court on or about ___________________, 2015, and signed on ______________, 2016, pursuant to the terms of which the plaintiff and defendant were granted joint custody of the parties’ aforesaid minor children, _______________, ________________, and ________________, with the defendant having the said minor children’s primary physical care, custody and control and the plaintiff having the said minor children’s secondary care, custody and control as exercised through reasonable and liberal visitation privileges.

 

  1. That, pursuant to the said Order, the plaintiff’s secondary custody and liberal visitation privileges consist of the following:

 

  1. From 6:00 p.m. on _____________, 2016 until 6:00 p.m. on ________________, 2016. The plaintiff will pick up the children from the defendant’s home at the start of the visitation period and bring them back to the defendant at the end of the visitation period.

 

  1. One weekend each month starting in _____________ 2016: from 5:00 p.m. of the Friday until 6:00 p.m. of the Sunday. The plaintiff will pick up the children from the defendant’s home at the start of the visitation period and bring them back to the defendant at the end of the visitation period.

 

  1. Spring break from the day after the school recesses until the day before school resumes. The plaintiff and the defendant will meet at an agreed-upon halfway point between the parties’ respective residences, at the start of the visitation period and at the end of the visitation period, to effectuate transfer of the children.

 

  1. Phone or video chat with the children twice a week.

 

 

  1. That the defendant has repeatedly, willfully, and flagrantly refused to comply with the aforesaid Order as follows:

 

  1. Since the time of the entry of the said Order until the present, the defendant has allowed the plaintiff no visitation with the parties’ aforesaid minor children, even though the plaintiff is ready, willing and able to exercise his visitation privileges, and even though the plaintiff has communicated his desire for visitation to the defendant several times;

.

  1. Since the time of the entry of the said Order until the present, the defendant has allowed the plaintiff no contact with the aforesaid minor children, whether it is in person, or via phone or via video chat, even though the plaintiff is ready, willing and able to resume and maintain continuous contact with the minor children;

 

  1. Since the time of the entry of the said Order until the present, the defendant has maintained no communication with the plaintiff in regard to the aforesaid minor children’s health and general wellbeing;

 

  1. The defendant’s pattern of conduct as delineated above is undeniably part and parcel with her not so covert desire to cut the plaintiff completely out of the lives of the said minor children.

 

  1. The defendant’s pattern of conduct as delineated above is inconsistent with the best interests of the aforesaid minor children and inconsistent with the plaintiff’s right as a parent as protected under the First Amendment of the United States Constitution.

 

  1. As a result of the defendant’s pattern of conduct as delineated above, the aforesaid minor children have suffered perceptibly and imperceptibly, and have lived as if they had no father of their own.

 

  1. That the defendant has had and continues to have the ability to comply with the terms of the aforesaid Order.

 

  1. That the defendant’s failure and refusal to comply with the terms of the aforesaid Order is without just cause and is a willful violation.

 

  1. That the plaintiff has had to employ the undersigned counsel to secure compliance with the aforesaid Order entered on ______________, 2015, and signed on ________________, 2016, and that the plaintiff is without sufficient means to defray the costs of these proceedings brought about by the defendant’s willful refusal to comply with the said Order.

 

 

WHEREFORE, the plaintiff, _________________, prays the Court as follows:

 

  1. That this verified Motion be taken as a duly verified affidavit for all purposes allowed under the North Carolina Rules of Civil Procedure and that the Court may enter Orders for relief to which the plaintiff may be entitled in law and equity.

 

  1. That the defendant herein appear before this Court and show cause, if any, why she should not be held in civil and/or criminal contempt of Court.

 

  1. That an Order be issued finding the defendant, __________________, in willful contempt of this Court for failing and refusing to obey a lawful Order of this Court.

 

  1. That an Order be issued (i) compelling the defendant to comply with the terms and provisions of the aforesaid Order entered on ___________, 2015 and signed on ____________, 2016, or, in the alternative, sentencing the defendant to the custody of the Onslow County Sheriff for a period up to 90 days.

 

  1. That the plaintiff be awarded summer visitation with the aforesaid children at the plaintiff’s residence for four consecutive weeks during the summer.

 

  1. That the Court enter an Order requiring the defendant to pay the costs of this action including reasonable attorney fees for the preparation, filing and hearing of this Motion.

 

  1. That the plaintiff be granted such other and further relief as the Court may deem just and proper.

 

This the _________ day of ___________, 2016.

 

THE CASTLE LAW FIRM, P.C.

 

 

___________________________________

PAUL Y. K. CASTLE

Attorney for Plaintiff

502 College Street

Jacksonville, NC 28540

(910) 347-3344

State Bar No: 33378

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

VERIFICATION

 

___________________, being first duly sworn, deposes and says:

 

That he is the Plaintiff in the above entitled action and as such he has read the foregoing Motion and knows the contents thereof, that the same is true of his own knowledge and belief, except as to those matters and things set forth therein upon information and belief, and as to those matters, he believes them to be true.

 

This the ___________ day of ____________ 2016.

 

 

_________________________________

 

 

 

Sworn to and subscribed before me,

 

This the _________ day of ___________, 2016

 

______________________________________

Notary Public

 

My Commission Expires: __________________

 

 

 

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

CERTIFICATE OF SERVICE

 

This is to certify that I have this day served a copy of the foregoing Motion on the Individual listed by placing the said copy in a postpaid envelope, addressed to the person hereafter named, at the place and address listed below, and by depositing the said envelope and its contents in the United States Mail in Jacksonville, North Carolina as follows:

 

______________

___________________

_________________

 

This the _______ day of ______________, 2016.

 

 

 

____________________________________

Paul Y. K. Castle

Attorney for the Plaintiff

502 College Street

Jacksonville, NC 28540

Tel. 910-347-3344

 

 

Motion for Contempt (child support and post separation support)

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                      FILE NO: 12 CvD _____________

 

________________________,           )

Plaintiff                       )

  1. ) MOTION FOR SHOW CAUSE

)

________________________,           )

Defendant                   )

_____________________________  )

 

NOW COME the plaintiff herein, _______________, in the above-captioned case, by and through the undersigned attorney, Paul Y. K. Castle, and moves the Court to issue an Order to the defendant, __________________, to appear and show cause, if any, why he should not be held in civil and/or criminal contempt for his failure to comply with the terms and conditions of the Orders entered on __________________, 2012 and on _______________, 2014, respectively.  In support of this Motion, the plaintiff shows onto the Court the following:

 

  1. That the plaintiff is, and has been, a citizen and resident of Onslow County, North Carolina for more than six months preceding the institution of this action.

 

  1. That the defendant is a citizen and resident of Onslow County, North Carolina.

 

  1. That the plaintiff and defendant, legally married each to the other on or about ________________, 1994, lived together as husband and wife until ________________, 2012, when the parties separated; and, that the plaintiff and defendant were subsequently divorced on ___________________, 2013.

 

  1. That there are ________ children born of the marriage of the parties: namely, __________________, born on ____________, 1995, ______________, born on _______________, 1997, and _______________, born on _____________, 2002; that the child, _____________, has reached the age of majority since the filing of this action.

 

  1. That the children, _______________ and ______________, both minor children on the date of the said hearing, are, and have been, in the physical custody of the plaintiff, ______________, since ______________ 2013.

 

  1. That on _______________, 2014, an Ex Parte Order was entered by this Court granting the plaintiff, _____________________, temporary legal custody of the parties’ aforesaid minor children, _______________and __________________; that on ________________, 2014, an Order was entered by this Court granting the plaintiff the temporary custody of the said minor children; and that on or about _____________________, 2014, a permanent Order was entered by this Court granting the plaintiff the sole care, custody and control of the said minor children.

 

  1. That a Temporary Order was entered by this Court on or about ______________, 2012, and the said Order provides that the defendant, ______________, pay the plaintiff, ______________, as post separation support the sum of $_____________per month beginning _______________, 2012 – more specifically, $____________.00 on the first (1st) of each month and $_____________.00 on the fifteenth (15th) of each month.

 

  1. That a Temporary Order was entered by this Court on or about ________________, 2014, and that, the said Order orders, adjudges, and decrees as follows:

 

  1. That the defendant, _________________, pay the plaintiff, _____________, the sum of $______________ per month as child support, effective ________________, 2015;

 

  1. That the defendant’s arrears be set at $_____________________.00 as of the date of the hearing;

 

  1. That the defendant pay the plaintiff one half of the said sum of arrears ($_______________) by ______________, 2015 and pay the balance of the sum ($_____________) by ________________, 2015.

 

  1. That the defendant has willfully, and flagrantly refused to comply with the terms and conditions of the aforesaid Orders as follows:

 

  1. That in _____________ 2015, the defendant paid the plaintiff the sum of $______________ as child support instead of $____________, even though the ___________, 2014 Order mandates specifically that the sum of $______________, not $________________ be paid effective ________________, 2015.

 

  1. That in _______________ 2015, the defendant paid the plaintiff the sum of $_______________ as child support instead of $_____________, even though the said Order mandates specifically that the sum of $______________, not $_______________ be paid.

 

  1. That in _______________ 2015, the defendant made no child support payments whatsoever to – i.e., none on the first of the month and none on the fifteenth of the month, and, further, that in the same month of _______________ 2015, the defendant neglected to pay to the plaintiff any of the spousal support he was ordered to pay – i.e., none of $_______________ per month ordered pursuant to the _______________, 2012 Order.

 

  1. That the defendant has thus far paid the plaintiff not a dime of the child support arrears set against him as aforesaid – i.e., none on ____________, 2015 and again none on ______________, 2015.

 

  1. That the defendant has a gross income of at least $_______________ per month, and the defendant therefore has the ability to pay the plaintiff the aforesaid sums he is ordered to pay in the _____________, 2012 and _______________, 2014 Orders.

 

  1. That with his child support and post separation support obligations combined, the defendant, _________________, is presently in arrears by as much as $__________________.

 

  1. The defendant’s failure to pay the aforesaid sums is willful and without a valid excuse, because he has the ability to pay the sums, but he chooses not to do so in violation and in defiance of the aforesaid Orders.

 

  1. That the plaintiff has had to employ the undersigned counsel to secure compliance with the aforesaid Orders entered on ________________, 2012 and on _______________, 2014, and that the plaintiff is without sufficient means to defray the costs of these proceedings brought about by the defendant’s willful refusal to comply with the said Order.

 

WHEREFORE, the plaintiff, ______________, prays the Court as follows:

 

  1. That this verified Motion be taken as a duly verified affidavit for all purposes allowed under the North Carolina Rules of Civil Procedure and that the Court may enter Orders for relief to which the plaintiff may be entitled in law and equity.

 

  1. That the defendant herein, __________________, be held in civil and/or criminal contempt of Court for his refusal to comply with the terms and conditions of the Orders entered on ______________, 2012 and on _____________________, 2014, respectively.

 

  1. That the defendant herein appear before this Court and show cause, if any, why he should not be held in civil and/or criminal contempt of Court.

 

  1. That an Order be issued directing the plaintiff herein, ____________________, to strictly abide by the terms and conditions of the Orders entered on _______________, 2012 and _______________, 2014, respectively, or receive an active sentence of up to 90 days in jail in the custody of the Onslow County Sheriff.

 

  1. That the Court enter an Order requiring the defendant to pay the costs of this action including reasonable attorney fees for the preparation, filing and hearing of this Motion.

 

  1. That the plaintiff be granted such other and further relief as the Court may deem just and proper.

 

This the _________ day of ______________, 2015.

 

THE CASTLE LAW FIRM, P.C.                                                                                                                                                                                                                                                                                                                                                                                                                              ___________________________________

PAUL Y. K. CASTLE

Attorney for Plaintiff

502 College Street

Jacksonville, NC 28540

(910) 347-3344

State Bar No: 33378

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

VERIFICATION

 

______________________, being first duly sworn, deposes and says:

 

That she is the Plaintiff in the above entitled action and as such she has read the foregoing Motion and knows the contents thereof, that the same is true of her own knowledge and belief, except as to those matters and things set forth therein upon information and belief, and as to those matters, she believes them to be true.

 

This the ___________ day of __________________, 2015.

 

 

_________________________________

 

 

 

Sworn to and subscribed before me,

This the _________ day of ______________, 2015

 

______________________________________

Notary Public

 

My Commission Expires: __________________

 

 

 

Ex Parte Order

 

 

 

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

CERTIFICATE OF SERVICE

 

This is to certify that I have this day served a copy of the foregoing Motion on the Individual listed by placing the said copy in a postpaid envelope, addressed to the person hereafter named, at the place and address listed below, and by depositing the said envelope and its contents in the United States Mail in Jacksonville, North Carolina as follows:

 

___________________

c/o _______________, Esq.

Attorney at Law

_________________ Street

Jacksonville, NC 28540

 

This the _______ day of _________________, 2015.

 

 

 

____________________________________

Paul Y. K. Castle

Attorney for the Plaintiff

502 College Street

Jacksonville, NC 28540

Tel. 910-347-3344

 

 

 

 

Ex Parte Order to Show-Cause (child custody/visitation, example no. 1)

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                      FILE NO: 14 CvD ______________

 

 

­­­­­­_____________________,                 )

Plaintiff                       )

  1. )                           ORDER

)

_____________________,                 )

Defendant                   )

______________________________)

 

 

THIS CAUSE coming on to be heard and being heard before the undersigned Judge of the District Court presiding over the June ______, 2015 term of District Court of Onslow County, North Carolina, and it appearing to the Court from the plaintiff’s Motion filed herein, that a Memorandum of Judgment was entered by this Court on or about _________________, 2014, whereby the defendant was awarded the temporary primary physical care, custody and control of the parties’ minor children ­­­­­­­­­­­­­­­­­­_______________, born on _______________, 2003, and ________________, born on _______________, 2006, and the plaintiff awarded liberal and reasonable visitation privileges consisting of visitation with the children, every other weekend, from when the children are released from school on Friday until 6:00 p.m. on Sunday;

And it further appearing to the Court from the plaintiff’s verified Motion that it is alleged that the defendant has, since ______________ 2015 until the present, willfully and without just cause failed to abide by the terms of the said _____________, 2014 Memorandum of Judgment (i) by refusing to allow the plaintiff any visitation with the minor children, (ii) by refusing to allow the plaintiff any contact with the children, in person, by phone or via Skype, (iii) by refusing to communicate with the plaintiff in regard to the children’s health and general wellbeing, and (iv) by refusing to keep the plaintiff apprised of her current address, even though she has changed residences multiple times since the entry of the aforementioned Memorandum of Judgment.

IT IS NOW THEREFORE ORDERED that the defendant, __________________, appear before this Court on the ________ day of _____________, 2015, at 9:30 a.m. or soon thereafter as this matter can be heard, and show cause, if any there be, why she should not be punished as for contempt of this Court.

That a copy of this Order, along with a copy of the plaintiff’s Motion, be served upon the defendant as provided under the provisions of North Carolina Rules of Civil Procedure and that this matter be calendared for hearing on the day herein stated.

This the _______ day of ______________, 2015.

 

 

 

____________________________________

District Court Judge Presiding

 

 

 

Ex Parte Order to Show-Cause (child custody/visitation, example no. 2)

 

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                      FILE NO: 15 CvD ______________

 

 

_______________________,             )

Plaintiff                       )

  1. )                           ORDER

)

__________________,                       )

Defendant                   )

______________________________)

 

 

THIS CAUSE coming on to be heard and being heard before the undersigned Judge of the District Court presiding over the May ______, 2016 term of District Court of Onslow County, North Carolina, and it appearing to the Court from the plaintiff’s verified Motion filed herein, that a temporary custody order was entered by this Court on or about _______________, 2015, whereby the defendant was awarded the temporary primary physical care, custody and control of the parties’ minor children ______________, born on __________, 2005, ______________, born on _______________, 2006,  and _____________, born on ___________, 2009, and the plaintiff was awarded secondary custody and liberal and reasonable visitation privileges consisting of (i) visitation with the children, one weekend each month from 5:00 p.m. on Friday until 6:00 p.m. on Sunday, (ii) visitation with the children during their spring break, and (iii) phone or video chat with the children twice a week.

And it further appearing to the Court from the plaintiff’s verified Motion that it is alleged that the defendant has, since the date of the entry of the Order until the present, willfully and without just cause failed to abide by the terms of the aforesaid temporary custody order, (i) by refusing to allow the plaintiff any visitation with the minor children, (ii) by refusing to allow the plaintiff any contact with the children, in person, by phone or via video chat, (iii) by refusing to communicate with the plaintiff in regard to the children’s health and general wellbeing, and (iv) by refusing to keep the plaintiff apprised of her current address.

IT IS NOW THEREFORE ORDERED that the defendant, _________________, appear before this Court on the ________ day of ______________, 2016, at 9:30 a.m. or soon thereafter as this matter can be heard, and show cause, if any there be, why she should not be punished as for contempt of this Court.

That a copy of this Order, along with a copy of the plaintiff’s Motion, be served upon the defendant as provided under the provisions of North Carolina Rules of Civil Procedure and that this matter be calendared for hearing on the day herein stated.

This the _______ day of _____________, 2016.

 

 

 

____________________________________

District Court Judge Presiding

 

 

 

 

Ex Parte Order to Show-Cause (child support and post separation support)

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                      FILE NO: 12 CvD ______________

 

 

_________________________,         )

Plaintiff                       )

  1. )                           ORDER

)

_________________________,         )

Defendant                   )

______________________________)

 

 

THIS CAUSE coming on to be heard and being heard before the undersigned Judge of the District Court presiding over the March ______, 2015 term of District Court of Onslow County, North Carolina, and it appearing to the Court from the plaintiff’s Motion filed herein, that a Temporary Order was entered by this Court on or about ______________, 2012, whereby the defendant was ordered to pay to the plaintiff as post separation support the sum of $___________ per month, effective _____________, 2012, and it further appearing to the Court from the plaintiff’s Motion filed herein, that a Temporary Order was entered by this Court on or about _______________, 2014, whereby the defendant was ordered to pay to the plaintiff as child support the sum of $______________ per month, effective ____________, 2015, and whereby the defendant was further ordered to pay the plaintiff one half of his child support arrears ($______________) by ______________, 2015 and the other half of the arrears ($______________) by ______________, 2015.

And it further appearing to the Court from the plaintiff’s verified Motion that it is alleged that the defendant has willfully and without just cause failed to abide by the terms and conditions of the Orders entered on ______________, 2012 and on ________________, 2014, by paying only a portion or none of his court-ordered child support obligation in the months of ____________, ____________, and __________ of 2015, and by making no payments at all toward his child support arrears, and by making no payment at all in post separation support in ______________ 2015, despite the fact that the defendant has the ability to make those payments.

IT IS NOW THEREFORE ORDERED that the defendant, _____________, appear before this Court on the ________ day of _____________, 2015, at 9:30 a.m. or soon thereafter as this matter can be heard and show cause, if any there be, why he should not be punished as for contempt of this Court.

That a copy of this Order, along with a copy of the plaintiff’s Motion, be served upon the defendant by the Sheriff of the County where the defendant resides and/or by certified mail, as provided under the provisions of North Carolina Rules of Civil Procedure and that this matter be calendared for hearing on the day herein stated.

This the _______ day of _______________, 2015.

 

 

 

____________________________________

District Court Judge Presiding

 

 

Motion in the Cause (child custody, example no. 1)

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                      FILE NO: 13 CvD _____________

 

 

________________________,                       )

Plaintiff                                   )

  1. ) MOTION IN THE CAUSE

)

________________________,                       )

Defendant                               )

___________________________________  )

 

 

NOW COMES the defendant herein, _______________, by and through her attorney, Paul Y. K. Castle, in the above-referenced child custody action, and respectfully moves the Court to modify the custody provisions of an Order entered on ________________, 2014.  In support of this Motion, the defendant shows unto the Court the following:

 

  1. That this is a Motion in the Cause, filed in the above-referenced child custody action pursuant to the provisions of N. C. Gen. Stat. § 50-13.7(a) seeking a modification of the Order entered in the said action on the ___th day of __________, 2014.

 

  1. That the plaintiff used to be a citizen and resident of Onslow County, North Carolina, but the plaintiff is, upon belief and information, presently a citizen and resident of New Hanover County, North Carolina.

 

  1. That the defendant is a citizen and resident of ________________ County, North Carolina.

 

  1. That the plaintiff and defendant were never married each to the other, but were romantically involved for a period of time.

 

  1. That there is one child born of the relationship between the plaintiff and defendant: namely, ___________________, born on ________________, 2008.

 

  1. That an Order was entered by this Court on _______________, 2014, pursuant to which the parties herein are granted the shared physical custody of the said minor child consistently with the following terms: until the said minor child starts _________ grade, the physical custody of the minor child alternates between the parties.

 

  1. That pursuant to Chapters 50 and 50A of North Carolina General Statutes and, in particular, pursuant to N.C. Gen. Stat. § 50A-202, this Court has exclusive, continuing jurisdiction over the parties hereto and of the subject matter herein, for the purpose of determining the best interest and general welfare of the parties’ aforesaid minor child, including modification of the aforesaid _________________, 2014 Order in relevant respects, because

 

  1. This Court has made a child-custody determination consistent with N.C. Gen. Stat. § 50A-201 or §50A-203;

 

  1. The aforesaid minor child and the child’s parents presently reside in this State;

 

  1. The minor child and the child’s parents have a significant connection with this State, and substantial evidence is available in this State concerning the child’s care, protection, training, and personal relationships.

 

  1. That since the entry of the aforementioned Order, there has occurred a substantial change of circumstances affecting the best interest and general welfare of the parties’ aforesaid minor child that would justify this Court in modifying the terms and provisions of the aforementioned Order, as follows:

 

  1. The defendant and her husband have since had a baby.

 

  1. The defendant is employed with the United States Marine Corps and she has recently received orders for a change of duty station to Okinawa, Japan.

 

  1. The defendant and her husband are scheduled to leave North Carolina to go to Japan no later than _____________ 2016, and they are expected to remain in Japan for at least three (3) years.

 

  1. The plaintiff attends college fulltime at __________________ in _____________ County, North Carolina.  While the plaintiff maintains an official residence in __________, North Carolina, he currently has a residence in ______________, North Carolina, and physically resides at this ____________________ residence the vast majority of the time.

 

  1. When it is the plaintiff’s time to have the physical custody of the said minor child, the child is usually picked up from the defendant or the child’s school, by the plaintiff’s wife, not the plaintiff himself.  At the conclusion of the plaintiff’s period of custody, the child is usually returned to the defendant, by the plaintiff’s wife, not the plaintiff himself.

 

  1. During the days and weeks when the physical custody of the minor child reverts to the plaintiff, the plaintiff rarely stays with the minor child.  Instead, the said minor child is cared for by the plaintiff’s wife in ___________________, North Carolina, while the plaintiff himself lives in ________________________, North Carolina and goes to college there fulltime

 

  1. The said minor child is very closely bonded with the defendant, her husband and their new born baby.

 

  1. The defendant would be more than willing to arrange visitation for the plaintiff and the minor child during the time that she and her husband are stationed in Japan.

 

  1. That the defendant is a fit and proper person to have the primary physical care, custody and control of the said minor child and that it would be in the child’s best interests and would promote her general health and welfare if her primary physical custody were to be awarded to the defendant for the duration of time that she and her husband are stationed in Japan.

 

  1. That the above change in circumstances justifies this Court in modifying the child custody terms and provisions of the aforementioned Order entered in the above-referenced action.  More specifically, the above-mentioned change in circumstances justifies the Court in granting the defendant, _________________, the primary physical care, custody and control of the said minor child and granting the plaintiff, ________________, the secondary physical care, custody, and control of the child, which is to be exercised through reasonable and liberal visitation privileges.

 

 

WHEREFORE, the defendant herein, _______________________, prays the Court for the following relief:

 

  1. That this verified Motion in the Cause be treated as an Affidavit of the defendant upon which the Court may base all of its Orders in this case, consistently with the North Carolina Rules of Civil Procedure.

 

  1. That the Order heretofore entered on _________________, 2014 be modified and that the defendant, ______________, be awarded the primary physical care, custody and control of the said minor child, subject to the reasonable and specific visitation privileges by the plaintiff, at least during the period that the defendant and her husband are stationed in Japan.
  2. That an immediate Order be issued granting the defendant, ______________, permission to relocate to Okinawa, Japan, with the said minor child, pending a final hearing on the custody/visitation issues raised in this matter, if required.
  3. That in the event that the defendant is allowed to relocate with the child to Japan, all travel expenses and responsibilities associated with the plaintiff’s visitation with the child be split between the parties in equal shares.
  4. That an Order be entered directing the plaintiff, _______________, to sign the appropriate documents for the child to travel overseas, including passport applications and medical authorization.  Or, in the alternative, that an Order be entered directing that his signature is not required.
  5. That the defendant be granted such other and further relief as the Court may deem just and proper.
  6. That Paul Y. K. Castle be allowed to withdraw as attorney of record for the defendant upon the entry of a final judgment in this matter.

This the _________ day of ________________, 2015.

 

THE CASTLE LAW FIRM, P.C.

 

 

 

______________________________

PAUL Y. K. CASTLE

Attorney for Defendant

502 College Street

Jacksonville, NC 28540

(910) 347-3344

State Bar No: 33378

 

 

 

 

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

___________________________, being first duly sworn, deposes and says that she is the defendant in the above-entitled action, that she has read the foregoing document, and knows the contents thereof, that the same is true of her own knowledge and belief, except as to those matters and things set forth therein upon information and belief, and as to those matters, she believes them to be true.

 

This the __________ day of _______________, 2015.

 

 

 

________________________________(SEAL)

 

 

 

 

 

Subscribed and sworn to before me

 

This the ________ day of ________________, 2015

 

_____________________________

Notary Public

My Commission Expires: ___________________

 

 

 

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

CERTIFICATE OF SERVICE

 

This is to certify that I have this day served a copy of the foregoing Motion on the Individual listed by placing the said copy in a postpaid envelope, addressed to the persons hereafter named, at the places and addresses listed below, and by depositing the said envelope and its contents in the United States Mail in Jacksonville, North Carolina as follows:

 

__________________

___________________

___________________________

 

 

Mr. ____________________

Attorney at Law

______________ New Bridge Street

Jacksonville, NC 28540

 

This the _______ day of ___________________, 2015.

 

 

 

 

 

____________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Tel. 910-347-3344

 

 

 

Motion in the Cause (custody, example no. 2)

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                      FILE NO: 13 CvD _____________

 

 

__________________________,                   )

Plaintiff                                   )

  1. ) MOTION IN THE CAUSE

)

__________________________,                   )

Defendant                               )

___________________________________  )

 

NOW COMES the defendant, __________________, by and through his attorney, Paul Y. K. Castle, in the above-referenced divorce/child custody action, and respectfully moves the Court to modify the custody order entered on _______________, 2013.  In support of this Motion, the defendant, __________________, shows unto the Court the following:

 

  1. That this is a Motion in the Cause, filed in the above-referenced divorce/child custody action pursuant to the provisions of N. C. Gen. Stat. § 50-13.7(a), seeking a modification of the Order entered in the said action on the ________th day of _______________, 2013, as the said Order relates to the custody provisions of the parties’ minor child.

 

  1. That the plaintiff is a citizen and resident of Onslow County, North Carolina.

 

  1. That the defendant is a citizen and resident of Onslow County, North Carolina.

 

  1. That the plaintiff and defendant were legally and lawfully married, each to the other, on or about the _________th day of ____________, 2007, and lived as husband and wife until on or about the __________nd day of ________________, 2012, at which the parties separated each from the other .

 

  1. That the parties hereto executed a written Separation and Property Settlement Agreement on the _______________th day of _________________, 2012; and that the parties hereto modified the said Separation and Property Settlement on the __________th day of _______________, 2013 in writing.

 

  1. That the parties hereto were granted an absolute divorce, one from the other, in the said action, on the _____________th day of _____________, 2013.  At that time, the aforesaid Separation and Property Settlement Agreement, originally executed by the parties hereto on the ________th of _____________, 2012 and later modified by the parties hereto in writing on the ___________th of ________________, 2013, were incorporated into the same Order granting the parties’ absolute divorce.

 

  1. That there is one child born of the marriage between the plaintiff and the defendant: namely, ___________________, born on ____________________, 2008.

 

  1. That pursuant to the said ____________________, 2013 Order, into which the parties’ Separation and Property Settlement Agreement were incorporated, the parties share joint legal custody of the said minor child, ______________, but the plaintiff, _______________, has primary physical care, custody and control of the child, while the defendant, ________________, has the secondary physical care, custody and control of the child to be exercised through reasonable and liberal visitation privileges.

 

  1. That pursuant to Chapters 50 and 50A of North Carolina General Statutes and, in particular, pursuant to N.C. Gen. Stat. § 50A-202, this Court has exclusive, continuing jurisdiction over the parties hereto and of the subject matter herein, for the purpose of determining the best interest and general welfare of the parties’ aforesaid minor child, including modification of the aforesaid ________________, 2013 Order in relevant respects, because

 

  1. This Court has made a child-custody determination consistent with N.C. Gen. Stat. § 50A-201 or §50A-203;

 

  1. The aforesaid minor child and the child’s parents, i.e. the plaintiff and defendant, presently reside in this State;

 

  1. The minor child and the child’s parents have a significant connection with this State, and substantial evidence is available in this State concerning the child’s care, protection, training, and personal relationships.

 

  1. That at the time that the Court entered the above-mentioned _______________, 2013 Order, the following circumstances existed:

 

  1. The defendant, a staff sergeant in the United States Marine Corps presently, was expecting to deploy shortly, and he did deploy in ________________;

 

  1. The parties’ aforesaid minor child was in the plaintiff’s physical care, custody and control, subject to the defendant’s visitation privileges;

 

  1. The plaintiff, a certified nurse’s assistant at _______________ aboard Camp Lejeune, North Carolina, resided in Jacksonville, North Carolina;

 

  1. Upon belief and information, the plaintiff was not dating anyone at that time, and the plaintiff had the necessary time, energy and devotion to adequately care for the said minor child.

 

  1. That since the entry of the aforementioned Order, there has occurred a substantial change of circumstances affecting the best interest and general welfare of the parties’ aforesaid minor child that would justify this Court in modifying the terms and provisions of the aforementioned Order, as follows:

 

  1. The plaintiff started seeing a gentleman romantically in ________________ 2014, and the plaintiff and this gentleman, a member of the United States Marine Corps, were engaged each to the other in ______________ 2014;

 

  1. The plaintiff now lives with her fiancé and her fiancé’s infant son in _______________, North Carolina;

 

  1. The defendant returned from deployment in ______________.

 

  1. Since the defendant’s return, the parties’ said minor child has stayed with the defendant daily other than on the weekend when the child would visit with the plaintiff at her home in __________________, North Carolina.

 

  1. The defendant, a staff sergeant in the United States Marine Corps, has a stable income and a stable residence, a three-bedroom house in Jacksonville, North Carolina, where the said minor child currently attends school – i.e., ____________________ School.

 

  1. That the above change in circumstances justifies this Court in modifying the child custody terms and provisions of the aforementioned Order entered in the above-referenced action; more specifically, the above-mentioned change in circumstances justifies the Court in granting to the defendant, ______________, the primary physical care, custody and control of the said minor child and granting to the plaintiff, ______________, the secondary physical care, custody, and control of the child, which is to be exercised through reasonable and liberal visitation privileges.

 

  1. That the defendant, ______________, is a fit and proper person to have the primary physical care, custody and control of the said minor child, and it is in the said minor child’s best interest and will promote his general health and welfare if his primary physical care, custody and control is granted to the defendant, subject to the plaintiff’s reasonable and liberal visitation privileges.

 

  1. That in order to avoid controversy between the parties hereto with regard to the custody of the aforesaid minor child, it is in the best interest of the minor child that this Court conduct a full hearing on the merits in order to determine what custodial arrangement would best serve and promote the minor child’s best interest and general welfare.

 

WHEREFORE, the defendant, ___________________, prays the Court for the following relief:

 

  1. That this verified Motion in the Cause be treated as an Affidavit of the defendant upon which the Court may base all of its Orders in this case, consistently with the North Carolina Rules of Civil Procedure.

 

  1. That this Court conduct a hearing and enter an Order modifying the custodial terms and provisions of the aforementioned Order entered in this action on the ______th day of __________, 2013; in particular, this Court modify the aforementioned Order and grant to the defendant, ______________, the primary physical care, custody and control of the said minor child and grant to the plaintiff, ___________, the secondary physical care, custody and control of the said child, which is to be exercised through her reasonable and liberal visitation privileges.
  2. That the defendant be granted such other and further relief as the Court may deem just and proper.
  3. That Paul Y. K. Castle be allowed to withdraw as attorney of record for the defendant upon the entry of a final judgment in this matter.

This the _________ day of _____________, 2014.

 

THE CASTLE LAW FIRM, P.C.

 

 

 

___________________________

PAUL Y. K. CASTLE

Attorney for Defendant

502 College Street

Jacksonville, NC 28540

(910) 347-3344

State Bar No: 33378

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

______________________, being first duly sworn, deposes and says that he is the defendant in the above-entitled action, that he has read the foregoing document, and knows the contents thereof, that the same is true of his own knowledge and belief, except as to those matters and things set forth therein upon information and belief, and as to those matters, he believes them to be true.

 

This the __________ day of _______________, 2014.

 

 

 

 

 

 

________________________________(SEAL)

 

 

 

 

 

Subscribed and sworn to before me

 

This the  ________ day of _____________, 2014

 

 

_____________________________

Notary Public

My Commission Expires: ___________________

 

 

 

 

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

CERTIFICATE OF SERVICE

 

This is to certify that I have this day served a copy of the foregoing Motion in the Cause on the Individual listed by placing the said copy in a postpaid envelope, addressed to the person hereafter named, at the place and address listed below, and by depositing the said envelope and its contents in the United States Mail in Jacksonville, North Carolina as follows:

 

___________________

____________________ Drive

______________, NC 28460

 

 

This the _______ day of _____________, 2014.

 

 

 

 

 

____________________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street                                                                                                                              Jacksonville, NC 28540

Tel. 910-347-3344

 

 

Motion in the Cause (child support and spousal support)

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                      FILE NO: 14 CvD ______________

 

_____________________________,             )

Plaintiff                                   )

  1. ) MOTION IN THE CAUSE

)

_____________________________,             )

Defendant                               )

 

NOW COMES the plaintiff herein, ___________________, by and through his attorney, Paul Y. K. Castle, in the above-referenced action, and, pursuant to N.C. Gen. Stats. §50-13.7 and §50-16.9, respectfully moves the Court to modify the child support and post separation support provisions of an Order entered on ____________, 2015 and signed on ______________, 2016.  In support of this Motion, the plaintiff shows unto the Court the following:

 

  1. That this is a Motion in the Cause, filed in the above-referenced action pursuant to the provisions of N.C. Gen. Stats. § 50-13.7 and § 50-16.9 seeking a modification of the Order entered in the said action on the _______th day of ___________, 2015 and signed on _____________, 2016.

 

  1. That the plaintiff is a citizen and resident of Onslow County, North Carolina, and that the defendant is a citizen and resident of the state of _____________.

 

  1. That the plaintiff and defendant, having been married each to the other on or about ______________, 2001, lived together as husband and wife until on or about _____________of 2013, and were subsequently divorced on ________________, 2015.

 

  1. That there is one child born of the marriage between the parties herein: namely, ______________________, born on ______________, 2001, and that the said minor child has been in the defendant’s care, custody and control since the parties’ separation.

 

  1. That an Order was entered by this Court on _____________, 2015, and signed on __________________, 2016, pursuant to which the plaintiff was ordered to pay the defendant (i) $_____________ per month as child support (ii) $______________ per month as post separation support, both payments beginning on ______________, 2015.

 

  1. That at the time of the entry of the said Order, i.e., _______________, 2015, the plaintiff was an able bodied person employed with the United States Marine Corps, and that the plaintiff had a monthly gross income of $_________________ and a monthly net income of $____________ after payroll deductions.

 

  1. That since the entry of the aforementioned Order, there has occurred a material and substantial change of circumstances on the part of the plaintiff that would justify this Court in modifying the terms and provisions of the aforementioned Order, as follows:

 

  1. The plaintiff was forced to resign from the United States Marine Corps on or about ___________________, 2016, in lieu of an administrative separation proceeding.

 

  1. The plaintiff was forced to resign from the United States Marine Corps as described above, in part due to the defendant’s allegation that ____________________________.

 

  1. While the plaintiff has been seeking employment actively since his resignation from the United States Marine Corps, he currently has no employment and he has no income of any kind.

 

  1. That the above change in circumstances justifies this Court in modifying the child support and post separation support provisions of the aforementioned Order entered in the above-referenced action.  More specifically, the above-mentioned change in circumstances justifies the Court in terminating (i) the plaintiff’s child support obligation and (ii) his post separation support obligation, at least until there is a substantial improvement in the plaintiff’s financial circumstances.

 

WHEREFORE, the plaintiff herein, ___________________, prays the Court for the following relief:

 

  1. That this verified Motion in the Cause be treated as an Affidavit of the plaintiff upon which the Court may base all of its Orders in this case, consistently with the North Carolina Rules of Civil Procedure.

 

  1. That the Order heretofore entered on ______________, 2015, and signed on _____________, 2016 be modified and that the plaintiff’s child support obligation, as well as his post separation support obligation, both ordered in the said Order be terminated, at least until there is a significant improvement in the plaintiff’s financial circumstances.
  2. That the plaintiff be granted any such other and further relief as the Court may deem just and proper.

This the _________ day of ______________, 2016.

THE CASTLE LAW FIRM, P.C.

 

______________________________

PAUL Y. K. CASTLE

Attorney for Plaintiff

502 College Street

Jacksonville, NC 28540

(910) 347-3344

State Bar No: 33378

 

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

____________________, being first duly sworn, deposes and says that he is the plaintiff in the above-entitled action, that he has read the foregoing document, and knows the contents thereof, that the same is true of his own knowledge and belief, except as to those matters and things set forth therein upon information and belief, and as to those matters, he believes them to be true.

 

This the __________ day of _______________, 2016.

 

 

 

 

 

 

________________________________(SEAL)

 

 

 

 

 

Subscribed and sworn to before me

 

This the ________ day of _____________, 2016

 

_____________________________

Notary Public

My Commission Expires: ___________________

 

 

 

 

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

CERTIFICATE OF SERVICE

 

This is to certify that I have this day served a copy of the foregoing Motion on the Individual listed by placing the said copy in a postpaid envelope, addressed to the persons hereafter named, at the places and addresses listed below, and by depositing the said envelope and its contents in the United States Mail in Jacksonville, North Carolina as follows:

 

__________________

c/o Ms. _______________, Esq.

Attorney at law

___________ New Bridge Street

Jacksonville, NC 28540

 

 

This the _______ day of _____________, 2016.

 

 

 

 

 

____________________________________

Paul Y. K. Castle

Attorney for Plaintiff

502 College Street

Jacksonville, NC 28540

Tel. 910-347-3344

 

Motion Forum Non-Convenience

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                           FILE NO: 13 CvD ____________

 

 

_________________________,         )

Plaintiff                       )

  1. )                       MOTION: FORUM NON CONVENIENS

)

_________________________,         )

Defendant                   )

_____________________________  )

 

NOW COME the defendant herein, ___________________, in the above-captioned case, by and through the undersigned attorney, Paul Y. K. Castle, and, pursuant to N.C. Gen. Stat. §§50A-202 and 1-75.12(a), respectfully moves the Court to (i) decree that North Carolina no longer has exclusive, continuing jurisdiction over the child custody determination in this action, and to (ii) determine that Maryland is a more convenient forum for this child custody litigation.  In support of this Motion, the defendant shows onto the Court the following:

 

  1. That while the plaintiff, _______________, was a citizen and resident of Onslow County, North Carolina at the time of the filing of this action, he presently does not reside in North Carolina.

 

  1. That the defendant, ______________, is a citizen and resident of _________, Maryland.

 

  1. That the plaintiff and defendant, legally and lawfully married, one to the other, on or about __________________, 2011, lived as husband and wife until on or about _____________, 2013, when the parties separated with the intent to remain separate and apart

 

  1. That there is a minor child born of the marriage of the parties: namely, _______________, born on ____________, 2012, and that the said minor child is currently in the temporary primary custody of the defendant, _____________.

 

  1. That from his birth until the date of the parties’ separation, the said minor child had resided with the plaintiff and defendant at their marital home in Onslow County, North Carolina.

 

  1. That since the date of the parties’ separation, the said minor child has resided with the defendant, ______________, in _____________, Maryland.

 

  1. That a Temporary Custody Order was entered on or about _____________, 2013 granting the defendant, _____________, temporary primary physical custody of the said minor child and the plaintiff, ______________, temporary secondary custody to be exercised through a graduated visitation schedule.

 

  1. That while it is true that North Carolina was the said minor child’s home state at the time of the filing of this action (_____________), at the present time this State no longer has exclusive continuing jurisdiction over the child custody determination as it relates to the said minor child, because neither the said minor child, nor his mother, nor his father, nor anyone acting as his parent presently resides in North Carolina: to wit –

 

  1. The said minor child and the defendant have resided in Baltimore, Maryland since ________________ 2013; and,

 

  1. The plaintiff, a member of the United States ______________, is currently in training in a state away from North Carolina; and, upon belief and information, the plaintiff will soon be transferred to a duty station in __________________ and will remain there for the foreseeable future.

 

  1. That under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the State of Maryland has jurisdiction to decide the issue of custody and make a custody determination regarding the said minor child because:

 

  1. That Maryland is the home state of the minor child at the present time; and,

 

  1. That the said minor child is physically present within the State of Maryland.

 

  1. That Maryland is a more convenient forum for this child custody litigation because:

 

  1. Both the said minor child and his mother, the defendant, reside in that State; and,

 

  1. The said minor child and one parent have a significant connection with that State, and there is available in that State substantial evidence relevant to the minor child’s present and future care, protection, training and personal relationships.

 

WHEREFORE, the defendant, _____________, prays the Court as follows:

 

  1. That the Court decree that the State of North Carolina no longer has exclusive continuing jurisdiction over the child custody determination in this action, pursuant to N.C. Gen. Stat. §50A-202.

 

  1. That the Court decree that the State of Maryland is a more convenient forum for this child custody litigation, pursuant to N.C. Gen. Stat. §1-75.12(a).

 

  1. That the Court decree that the State of North Carolina now relinquish its jurisdiction over the parties and the subject matter of this action.

 

  1. That the Court dismiss this action with prejudice.

 

  1. That attorneys _________________ and Paul Y. K. Castle be allowed to withdraw as the attorneys of record for the plaintiff and defendant, respectively.

 

  1. That the defendant be granted such other and further relief as this Court deems just and proper.

 

This, the __________ day of _________________, 2015.

 

THE CASTLE LAW FIRM, P.C.

 

 

 

______________________________

Paul Y. K. Castle

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

Telephone: (910) 347-3344

State Bar #: 33378

 

 

 

 

 

STATE OF NORTH CAROLINA

 

COUNTY OF ONSLOW

 

CERTIFICATE OF SERVICE

 

This is to certify that I have this day served a copy of the foregoing Motion on the Individuals listed by placing said copy in a postpaid envelope, addressed to the person hereinafter named, at the place and address listed below, and by depositing said envelope and its contents in the United States Mail in Jacksonville, North Carolina as follows:

 

_________________

c/o _______________, Esq.

Attorney at Law

_____________ New Bridge Street

Jacksonville, NC 28540

 

 

This the ________ day of ________________, 2015.

 

 

__________________________________

Paul Y. K. Castle

Attorney for Defendant

502 College Street

Jacksonville, NC 28540

(Tel) 910-347-3344

 

 

 

Motion and Order for Extension of Time

 

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

ONSLOW COUNTY                                                                   FILE NO: 17 CVD ___________

 

__________________________,                   )

Plaintiff                                   )

)              MOTION FOR EXTENSION OF TIME

  1.             )              TO FILE RESPONSIVE PLEADINGS                                                                            )

__________________________,                   )

Defendant                               )

 

NOW COMES the Defendant, _____________________, by and through her attorney, Paul Y. K. Castle, and respectfully moves this Court, pursuant to Rule 6(b) of the North Carolina Rules of Civil Procedure, for a thirty (30) day extension of time, to answer or otherwise respond to the Plaintiff’s Complaint, to and including, Monday, _____________, 2017.  As grounds therefore, Ms. Sawyers shows the following:

 

  1. That the Defendant was served by mail with the Plaintiff’s Complaint on or about ______________, 2017.

 

  1. That the Defendant’s Answer and Counterclaim to the Plaintiff’s Complaint is due on ____________, 2017, pursuant to Rule 6 (e) of the North Carolina Rules of Civil Procedure.

 

  1. That additional time is needed to respond to the Plaintiff’s Complaint.

 

  1. That the time allotted for the Defendant’s Answer and Counterclaim to the Plaintiff’s Complaint has not expired.

 

WHEREFORE, the Defendant, ______________, requests an extension of time until Monday, _____________, 2017 for responding to the Plaintiff’s Complaint.

 

Respectfully submitted, this the _____th day of _______________, 2017.

 

THE CASTLE LAW FIRM, P.C.

 

_____________________________

Paul Y. K. Castle, Esq.

Attorney for the Defendant

502 College Street

Jacksonville, NC 28540

N.C. Bar #: 33378

Tel.: (910) 347-3344

 

 

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

ONSLOW COUNTY                                                                    FILE NO: 17 CVD __________

 

 

________________________,                       )

Plaintiff                                   )

)                                   ORDER

  1. )

)

____________________________,               )

Defendant                               )

 

 

 

THIS CAUSE being heard by the undersigned Clerk on motion of the Defendant for an Order extending time in which to respond to the Plaintiff’s Complaint, served on or about _________, 2017, pursuant to Rule 6 of the Rules of Civil Procedure; and it appearing to the Court that the Defendant’s Answer and Counterclaim to the Plaintiff’s Complaint is due on _________, 2017; and it appearing to the Court that the time allowed has not expired and that the motion should be allowed.

 

IT IS HEREFORE ORDERED that the Defendant’s time to respond to the Plaintiff’s Complaint is hereby extended to, and including, the _________th day of ____________, 2017.

 

This the __________ day of ________________, 2017.

 

 

___________________________________

CLERK OF COURT

 

Temporary Custody Order

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COURT OF ONSLOW                                              FILE NO.: 15 CVD __________________

 

 

_________________________,         )

Plaintiff,                      )

)

  1. ) TEMPORARY ORDER

)

_________________________,         )

Defendant,                  )

______________________________

 

THIS CAUSE coming on to be heard and being heard before the undersigned District Court Judge presiding over the ________________, 2015 term of District Court, in and for Onslow County, North Carolina, where the sole issue before the Court was whether the Ex Parte Order entered on ________________, 2015 in regard to the parties’ child _____________, born on ____________, 2012 ought to stand, AND THE COURT, upon hearing testimony of several witnesses including the parties hereto and upon considering various exhibits introduced into evidence by both the plaintiff and the defendant and considering the oral arguments of counsel for both parties, makes and enters the following:

 

FINDINGS OF FACT

 

  1. That the plaintiff is a citizen and resident of ______________, Virginia.

 

  1. That the defendant is, and has been, a citizen and resident of Onslow County, North Carolina for more than six (6) months next preceding the institution of this action.

 

  1. That the plaintiff and defendant, legally and lawfully married, one to the other, on or about _______________, 2011, lived together as husband and wife until on or about ____________, 2014, at which time the parties separated.

 

  1. That there is one child born of the marriage of the parties: namely, _____________, born on ____________, 2012; and that the defendant is the mother of another child from a previous relationship: namely, ______________, five (5) years of age presently.

 

  1. That the State of North Carolina has jurisdiction to decide the issue of custody and make a custody determination regarding the said minor child, _________________, pursuant to the provisions of North Carolina General Statutes § 50A-201, because North Carolina was the home state of the minor child within six (6) months before the commencement of this proceeding, and the said minor child is absent from this State, but a parent, i.e., the defendant, continues to live in this State.

 

  1. That there are no pending proceedings with respect to the aforesaid minor child in a Court of this or any other state.

 

  1. That the parties hereto entered into a separation and property settlement agreement on or about ________________, 2014, and that, pursuant to the terms of the said Agreement, the parties hereto were given joint care, custody and control of the said minor child, _________________, with the defendant having primary physical custody of the child and the plaintiff having secondary physical custody consisting of reasonable and liberal visitation privileges.

 

  1. That in the fall and winter of ___________, the defendant and her boyfriend ____________ were involved in two acts of violence in the presence of the said minor child.

 

  1. That between the dates of _____________, 2015 and ___________, 2015, the defendant and her boyfriend drove from ________ to _____________ with the said minor child travelling in the car with them, but without a car seat.

 

  1. That on or about ____________, 2015, the said minor child was bit by a dog apparently owned by the defendant’s boyfriend ______________’s mother.

 

  1. That the plaintiff, _______________, picked up the said minor child from the defendant on or about ______________, 2014, and the said minor child has since been in the plaintiff’s physical custody.

 

  1. That on or about ______________, 2015, the defendant tried to kill herself by cutting her wrist, and she had a short stay at a psychiatric facility as a result of the incident.

 

  1. That the plaintiff and the defendant are both fit and proper persons to have the care, custody and control of the aforesaid minor child, and it is in the child’s best interest and will promote his general health and welfare if his care, custody and control is granted jointly to the plaintiff and defendant with the plaintiff, ______________, having the primary physical care, custody and control of the minor child and the defendant, _____________, having the secondary physical care, custody and control of the minor child and liberal visitation privileges.

 

 

CONCLUSIONS OF LAW

 

  1. That the Court has jurisdiction over the parties hereto and of the subject matter herein.

 

  1. That there exist facts justifying this Court to assume jurisdiction to determine matters relating to the best interest and general welfare of the parties’ aforesaid minor child, pursuant to the provisions of North Carolina General Statutes § 50A-201.

 

  1. That it is in the best interest, health and welfare of the parties’ aforesaid minor child, ________________, that the parties are awarded joint custody, with the plaintiff, _____________, having primary physical custody and the defendant, ______________, having secondary physical custody and liberal visitation rights.

 

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:

 

  1. That the Ex Parte Order entered by this Court on ____________, 2015 is now replaced by this Order.

 

  1. That the plaintiff and defendant be and are hereby granted temporary joint care, custody and control of the parties’ aforesaid minor child, with the plaintiff, _______________, having temporary primary physical custody and the defendant, ________________, having temporary secondary physical custody consisting of reasonable and liberal visitation privileges.

 

  1. That the defendant’s secondary custody and liberal visitation privileges shall consist of the following:

 

  1. From Friday evening until Sunday evening every other weekend.

 

  1. The exchange of the child’s custody shall occur at a halfway point between the parties’ respective residences.

 

  1. That the defendant shall continue with her current psychiatric treatment, and the defendant shall continue to take her psychiatric medications as recommended by her doctor or therapist.

 

  1. That neither the plaintiff, nor the defendant shall have an overnight guess when they have the said minor child, ______________, in their custody.

 

  1. That each of the parties hereto shall take reasonable measures to foster a feeling of affection between the aforesaid minor child and the other party hereto, and that neither party hereto shall do or say anything the reasonable effect of which would be to estrange the aforesaid minor child from the other party hereto, or to impair the aforesaid minor child’s high regard for the other party hereto, and that, in particular, neither party shall, or shall allow anyone else to, make disparaging remarks about the other party hereto in the presence or hearing of the aforesaid minor child.

 

  1. That whenever the parties’ aforesaid minor child is in the care, custody and control of one of the parties hereto, the aforesaid minor child shall be entitled to telephone the other party hereto at reasonable times, at reasonable intervals of time and for reasonable durations of time; and that whenever the parties’ aforesaid minor child is in the care, custody and control of one of the parties hereto, the other party hereto shall similarly be entitled to telephone the aforesaid minor child at reasonable times, at reasonable intervals of time and for reasonable durations of time.

 

  1. That each party hereto shall promptly notify the other party hereto in the event of any major illness of or serious injury to, the parties’ aforesaid minor child as soon as it is safe to do so.

 

  1. That this Order is temporary in nature and is entered without prejudice to either party.

 

  1. That pending further Orders of this Court in the above-entitled action, this Court retains jurisdiction over the parties hereto and of the subject matter herein.

 

This the ______ day of ______________, 2015.

 

 

 

 

___________________________________

District Court Judge Presiding

 

 

Permanent Custody Order (example no. 1)

 

 

STATE OF NORTH CAROLINA                            IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COURT OF ONSLOW                                              FILE NO.: 11 CVD __________________

 

 

___________________________      )

Plaintiff,                      )

)

  1. )                       JUDGMENT

)

___________________________      )

Defendant,                  )

______________________________

 

THIS CAUSE coming on to be heard and being heard before the undersigned District Court Judge presiding over the ___________________, 2012 term of District Court, in and for Onslow County, North Carolina, where the sole issue before the Court was the permanent custody of the parties’ child ________________, born on ______________, 2007, AND THE COURT, upon hearing testimony of several witnesses including the parties hereto and upon considering various exhibits introduced into evidence by both the plaintiff and the defendant and considering the oral arguments of counsel for both parties, makes and enters the following:

 

FINDINGS OF FACT

 

  1. That the plaintiff is and has been a citizen and resident of Onslow County, North Carolina for more than six months preceding the institution of this action.

 

  1. That the defendant is a citizen and resident of _______________ County, Texas.

 

  1. That the plaintiff and defendant were never married, but were in a serious relationship.

 

  1. That there was one child born of the relationship of the parties: namely, __________________, born on ______________, 2007.

 

  1. That North Carolina is the home state of the aforesaid minor child and this Court has jurisdiction to make a custody determination pursuant to the provisions of North Carolina General Statutes § 50A-201.

 

  1. That there are no pending proceedings with respect to the aforesaid minor child in a Court of this or any other state.

 

  1. That the plaintiff is a long distance truck driver and that he is frequently on the road away from home for days at a time.

 

  1. That while the defendant, too, is a truck driver, her delivery routes are within her local area and she returns home each night.

 

  1. That the plaintiff and the defendant are both fit and proper persons to have the care, custody and control of the aforesaid minor child, and it is in the child’s best interest and will promote her general health and welfare if her custody is granted jointly to the plaintiff and defendant with the defendant having the primary physical care, custody and control of the minor child and the plaintiff having the secondary care, custody and control of the minor child and liberal visitation privileges.

 

CONCLUSIONS OF LAW

 

  1. That the Court has jurisdiction over the parties hereto and of the subject matter herein.

 

  1. That there exist facts justifying this Court to assume jurisdiction to determine matters relating to the best interest and general welfare of the parties’ aforesaid minor child, pursuant to the provisions of North Carolina General Statutes § 50A-201.

 

  1. That it is in the best interest, health and welfare of the parties’ aforesaid minor child, ____________________, that the parties are awarded joint custody, with the defendant having primary custody and the plaintiff having secondary custody and liberal visitation rights.

 

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:

 

  1. That the plaintiff and defendant be and are hereby granted joint custody of the parties’ aforesaid minor child, ___________________, with the defendant having the said minor child’s primary physical care, custody and control and the plaintiff having the said minor child’s secondary care, custody and control and liberal visitation privileges.

 

  1. That the plaintiff’s secondary custody and liberal visitation privileges shall consist of the following:

 

  1. Thanksgiving holidays from Wednesday at 6 p.m. until Sunday at 6 p.m. during even numbered years. [The child will be with the defendant for the said holidays during odd numbers years.]

 

  1. The entire Christmas and New Year holidays from school during odd numbered years. [The child will be with the defendant for the said holidays during even numbered years.]

 

  1. Easter/Spring break from the day after the school recesses until the day before school resumes during odd numbered years.  [The child will be with the defendant for the said break during even numbered years.]

 

  1. Summer – from one (1) week after school recesses until one (1) week before school resumes.

 

  1. That all travel expenses should be equal, in that the number of flights paid for by either party per year should be equal.  Both parties are responsible for providing the other with their travel itinerary to include the date, time and flight numbers that the parties’ minor child will be on.  Until it is mutually agreed upon, the aforesaid minor child may not travel via airplane without either the plaintiff or defendant to escort her for the entire duration of the trip.

 

  1. That if the plaintiff desires to travel to ____________ County, Texas to visit with the parties’ aforesaid minor child, outside of his normal visitation schedule, then the plaintiff shall inform the defendant thirty (30) days in advance of the said visitation and it must be approved by the defendant; and that the plaintiff must provide the defendant with an address where he will be staying and cannot take the aforesaid minor child out of _____________ County, Texas, during the said visitation.

 

  1. That both the plaintiff and defendant shall confer with each other and shall reach a mutual agreement regarding all major decisions affecting the best interest and general welfare of the parties’ aforesaid minor child, including, by way of illustration and not limitation, matters relating to the aforesaid minor child’s care, schooling, health, medical treatment, counseling, religious upbringing, organized extracurricular activities, etc.

 

  1. That each of the parties hereto shall take reasonable measures to foster a feeling of affection between the aforesaid minor child and the other party hereto, and that neither party hereto shall do or say anything the reasonable effect of which would be to estrange the aforesaid minor child from the other party hereto, or to impair the aforesaid minor child’s high regard for the other party hereto, and that, in particular, neither party shall, or shall allow anyone else to, make disparaging remarks about the other party hereto in the presence or hearing of the aforesaid minor child.

 

  1. That each party hereto shall advise the other party hereto, reasonably in advance when feasible, of all special occasions and events in the life of the parties’ aforesaid minor child (e.g. school plays, sporting events, music recitals, awards, school photographs, camp activities, etc.) in order that the said other party may have the opportunity to share in these special times with the parties’ aforesaid minor child.

 

  1. That each of the parties hereto shall at all times keep the other party hereto advised as to his or her current residence address, current residence mailing address (if different), current residence telephone number, current cellular phone number, and current business phone number(s), and shall notify the other party within twenty-four (24) hours of any and all changes therein.

 

  1. That whenever the parties’ aforesaid minor child is in the care, custody and control of one of the parties hereto, the aforesaid minor child shall be entitled to telephone the other party hereto at reasonable times, at reasonable intervals of time and for reasonable durations of time; and that whenever the parties’ aforesaid minor child is in the care, custody and control of one of the parties hereto, the other party hereto shall similarly be entitled to telephone the aforesaid minor child at reasonable times, at reasonable intervals of time and for reasonable durations of time.

 

  1. That each party hereto shall promptly notify the other party hereto in the event of any major illness of or serious injury to, the parties’ aforesaid minor child as soon as it is safe to do so.

 

  1. That whenever either of the parties hereto will be travelling out of state overnight with the parties’ aforesaid minor child, such travelling party shall notify the other party hereto, reasonably in advance of such trip, and shall provide the other party with a telephone number and physical address of where the travelling party and the aforesaid minor child may be contacted at all times by the other party hereto.

 

  1. That attorneys, ____________ and Paul Y. K. Castle, are hereby allowed to withdraw as attorneys of record for the plaintiff and defendant.

 

  1. That pending further Orders of this Court in the above-entitled action, this Court retains jurisdiction over the parties hereto and of the subject matter herein.

 

This the ______ day of _________________, 2012.

 

 

 

 

 

 

___________________________________

District Court Judge Presiding

 

 

Permanent Custody Order (example no. 2)

 

 

STATE OF NORTH CAROLINA                              IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY OF ONSLOW                                                      FILE NO: 13 CvD ______________

 

 

__________________________,                   )

Plaintiff                                   )

  1. ) ORDER

)

___________________________,                 )

Defendant                               )

___________________________________  )

 

 

THIS CAUSE coming on to be heard and being heard before the undersigned District Court Judge presiding over the _____________, 2016 term of District Court, in and for Onslow County, North Carolina, where the issue before the Court was whether or not the Order entered by this Court on __________, 2014 ought to be modified and the defendant, Elizabeth Taylor, be awarded the primary care, custody and control of the parties’ minor child, subject to the reasonable and specific visitation privileges enjoyed by the plaintiff, ___________, at least for the duration of the defendant’s military tour in Japan; AND IT APPEARING TO THE COURT that the plaintiff was present in court and represented by his attorney _______________ and that the defendant was present in court and represented by her attorney Paul Y. K. Castle; AND THE COURT, upon hearing testimony of several witnesses including the parties hereto and upon considering various exhibits introduced into evidence by both the plaintiff and the defendant and considering the oral arguments of counsel for both parties, makes and enters the following:

 

FINDINGS OF FACT

 

  1. That the plaintiff is a citizen and resident of Onslow County, North Carolina.

 

  1. That the defendant is a citizen and resident of ___________ County, North Carolina.

 

  1. That the plaintiff and defendant were never married each to the other, but were romantically involved for a period of time.

 

  1. That there is one child born of the relationship between the plaintiff and defendant: namely, __________________, born on _______________, 2008.

 

  1. That an Order was entered by this Court on _____________, 2014, pursuant to which the parties herein are granted the shared physical custody of the said minor child consistently with the following terms: until the said minor child starts _______th grade, the physical custody of the minor child alternates between the parties every two days and alternating every other weekend – i.e., Monday to Wednesday, Wednesday to Friday, and every other weekend; and, when the minor child starts 2nd grade, the custody of the child alternates between the parties on a week to week basis from Friday to Friday.

 

  1. That pursuant to Chapters 50 and 50A of North Carolina General Statutes and, in particular, pursuant to N.C. Gen. Stat. § 50A-202, this Court has exclusive, continuing jurisdiction over the parties hereto and of the subject matter herein, for the purpose of determining the best interest and general welfare of the parties’ aforesaid minor child, including modification of the aforesaid July 7, 2014 Order.

 

  1. That there has been a substantial and material change of circumstances that affects the wellbeing of the said minor child in that the defendant-mom, an active duty service member employed with the United States Marine Corps, is scheduled to undergo a permanent change of duty station to Okinawa, Japan in July 2016 with the expectation that she will remain there for at least three (3) years.

 

  1. That the Court finds the defendant’s permanent change of duty station to Okinawa, Japan to be in good faith and she is obligated to comply.  The distance does create a huge obstacle for the parental relationship.

 

  1. That both parties-parents have given up communicating with each other, and that the current level of communication between the parties-parents is not good enough for the best interest of the minor child.

 

  1. That the parties’ minor child, _______________, is doing well, despite the parents’ dysfunctional relationship.

 

  1. That the minor child _________’s best interests require (i) that the parties-parents communicate with each other effectively and civilly in regard to the minor child, (ii) that the parties-parents remain in a functioning, minimally effective communicative relationship with each other, (iii) both parties-parents have a duty to be effective communicators in regard to the minor child, and (iv) that while a third party can help, it is each party-parent’s responsibility to communicate.

 

  1. That the plaintiff-dad’s concerns about the defendant-mom’s lack of communication in regard to the minor child are legitimate, but that the plaintiff-dad has not done any better in this area.

 

  1. That the Court has concerns about the defendant-mom’s compliance with orders, but the Court is optimistic about the defendant-mom’s future compliance with her duty to communicate with the plaintiff-dad in regard to the minor child.

 

  1. That the plaintiff-dad’s recent mental health break-down is a major concern for the Court for the following reasons: (i) the plaintiff-dad was in a major depressive incident within a month of this hearing in that he went into the woods to kill himself with the means to do so; (ii) the plaintiff-dad also had prior suicidal thoughts; and (iii) the plaintiff-dad’s wife thought separation to be appropriate if he did not seek help.

 

  1. That the plaintiff-dad is seeking treatment and recognizes the stressors.

 

  1. That the Court cannot resolve the questions about the plaintiff-dad’s stability or the possibility of a relapse in the future, that the plaintiff-dad’s status is unknown to the Court, and that the Court cannot make a determination on risk factors in regard to the plaintiff-dad, although he is moving in a positive direction.

 

  1. That the Court cannot find it to be in the best interest of the parties’ minor child Kaylee that she be left in the plaintiff-dad’ custody.

 

CONCLUSIONS OF LAW

 

  1. That the Court has jurisdiction over the parties hereto and of the subject matter herein.

 

  1. That pursuant to Chapters 50 and 50A of North Carolina General Statutes and, in particular, pursuant to N.C. Gen. Stat. § 50A-202, this Court has exclusive, continuing jurisdiction over the parties hereto and of the subject matter herein, for the purpose of determining the best interest and general welfare of the parties’ aforesaid minor child, including modification of the aforesaid ____________, 2014 Order.

 

  1. That there exists a substantial and material change of circumstances justifying this Court to modify the child custody terms and provisions of the Order entered by this Court on _____________, 2014 in the above-referenced action as set forth below:

 

  1. That it is in the parties’ minor child’s best interest and will promote her general health and welfare that the parties hereto share joint legal custody of the said minor child, with the defendant, _______________, having the primary physical care, custody and control of the said minor child and with the plaintiff, ______________, having the secondary physical care, custody and control of the child as exercised through reasonable and liberal visitation privileges.

 

  1. That it is in the minor child’s best interest and will promote her general health and welfare that she be allowed to relocate with the defendant-mom to Okinawa, Japan when the defendant-mom makes the duty station change.

 

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:

 

  1. That the child custody provisions of the Order entered by this Court on __________, 2014 in this action are hereby modified as set forth below:

 

  1. The plaintiff-dad and the defendant-mom are awarded the joint legal custody of the parties’ minor child, ______________, with the defendant-mom, _________, having the primary physical care, custody and control of the minor child and with the plaintiff-dad, _____________, having the secondary physical care, custody and control of the minor child as exercised through reasonable and liberal visitation privileges.

 

  1. That the defendant-mom is allowed to take the minor child with her when she relocates to Okinawa, Japan, pursuant to her military duty station change.

 

  1. That the plaintiff-dad’s visitation privileges consist of the following while the minor child resides in Okinawa, Japan:

 

  1. The plaintiff-dad is allowed to have the said minor child in his care, custody and control, each and every summer, from one (1) week after school recesses until two (2) weeks before school resumes, using the child’s school schedule as a guide.

 

  1. The defendant-mom shall bear a greater percentage of the travel expenses stemming from the minor child summer visitation with the plaintiff-dad: to wit, the defendant-mom shall be responsible for the minor child’s airfare, whereas the airfare for the plaintiff-dad and defendant-mom shall be their individual responsibility. The plaintiff-dad shall pick up the child in Okinawa, Japan, at the start of his summer visitation period, and the defendant-mom shall pick up the child in Onslow County, North Carolina at the end of that period.

 

  1. The plaintiff-dad is allowed to have contact with the minor child, several times each week, via Skype, FaceTime, telephone and/or any other means of communication.

 

  1. If the plaintiff-dad is able to visit the child in Okinawa, Japan, or is able to be in geographical proximity to where the child is, during the defendant-mom’s tour there, the defendant-mom shall accommodate any reasonable request by the plaintiff-dad for visitation with the minor child.

 

  1. The plaintiff-dad is allowed to visit with the minor child at any other such times as the parties-parents hereto mutually agree on reasonably in advance.

 

  1. That the plaintiff-dad shall facilitate the minor child’s move to Okinawa, Japan and sign any and all paperwork necessary for the child’s travel.
  2. That the defendant-mom shall sponsor the plaintiff-dad if and when the plaintiff-dad travels to Japan to visit the minor child.
  3. That it is the defendant-mom’s responsibility to do everything reasonably possible in order to ensure that the minor child can maintain a great relationship with the plaintiff-dad, and, further, that the defendant-mom has an affirmative duty to be proactive to ensure that the child has a good relationship with the plaintiff-dad.
  4. That the defendant-mom has an obligation to personally give the plaintiff-dad updates on the minor child’s activities every week when she has the minor child in her custody, and that the plaintiff-dad has an obligation to personally give the defendant-mom updates on the minor child’s activities during the summer when he has the minor child in his custody.
  5. That the minor child ____________ shall not be used as a messenger between the parties-parents.
  6. That each party-parent must be timely in getting up with the other in regard to any significant events involving the minor child.
  7. That each party-parent must maintain a healthy, stable, proper and suitable environment for the minor child when he or she has the child in his or her care, custody and control.
  8. That each party-parent must be a healthy and fit parent when he or she has the minor child in his or her care, custody and control.
  9. That whenever the minor child is in the care, custody and control of one of the parties-parents hereto, the minor child shall be entitled to telephone the other party-parent hereto at reasonable times, at reasonable intervals of time and for reasonable durations of time, and that whenever the minor child is in the care, custody and control of one of the parties-parents hereto, the other party-parent hereto shall similarly be entitled to telephone the aforesaid minor child at reasonable times, at reasonable intervals of time and for reasonable durations of time, but at least two to three times each week.

 

  1. That each party-parent herein shall confer with the other and shall reach a mutual agreement regarding all major decisions affecting the best interest and general welfare of the minor child, including, by way of illustration and not limitation, matters relating to the child’s care, schooling, health, medical treatment, counseling, religious upbringing, organized extracurricular activities, etc.

 

  1. That both parties-parents shall consult with the other prior to authorizing any major operation or surgery for the minor child, provided that neither party shall be required to obtain the other’s approval in the event of an actual emergency. That each party-parent hereto shall promptly notify the other party-parent hereto in the event of any major illness of, or serious injury to, the minor child as soon as it is safe to do so.

 

  1. That each of the parties-parents hereto shall take reasonable measures to foster a feeling of affection between the minor child and the other party-parent hereto, and that neither party-parent hereto shall do or say anything the reasonable effect of which would be to estrange the minor child from the other party-parent hereto, or to impair the minor child’s high regard for the other party-parent hereto, and that, in particular, neither party shall, or shall allow anyone else to, make disparaging remarks about the other party-parent hereto in the presence or hearing of the minor child.

 

  1. That each of the parties-parents hereto shall at all times keep the other party-parent hereto advised as to his or her current residence address, current residence mailing address (if different), current residence telephone number, current cellular phone number, and current business phone number(s), and shall notify the other party-parent within twenty-four (24) hours of any and all changes therein.

 

  1. That each party-parent shall be entitled to full access to all medical, dental, counseling, educational, and any other such documents or provisions that affect the health, welfare, or education of the minor child.  The names, addresses and other relevant information of both parents-parties shall be included on any official school, health, extracurricular related registration forms.  Each party-parent shall be listed as a parent, shall be listed as an emergency contact, and shall be authorized for the pickup of the minor child when the custodial parent is unavailable.

 

  1. That attorneys, ________________ and Paul Y. K. Castle, are hereby allowed to withdraw as attorneys of record for the plaintiff and defendant.

 

  1. That pending further Orders of this Court in the above-entitled action, this Court retains jurisdiction over the parties hereto and of the subject matter herein.

 

This the ______ day of _____________, 2016.

 

 

 

 

___________________________________

District Court Judge Presiding