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HomeMy WebLinkAbout10-3536,.%, i . NORTH CAROLINA FIL IN THE GENERAL COURT OF RJSTT'E ED DISTRICT COURT DIVISION , s' ° DAVIE COUNTY 3 04 CVD 270 71 MAY 2 5 AM !C 4 3 MARY PHELPS STRANEYl ! "4) ," DENNIS STRANEY, Plaintiffs ',,.:. VS. co c LAURA LLEWELLYN and ) EMERGENCY EX PARTE ORDER DAVID STRANEY, ) . Defendants 3 5-3? &v ,,d THIS MATTER, coming on to be heard and being heard by the undersigned District court judge, on the Plaintiffs' Motion for Emergency Ex-Parte Custody of a minor child, the mater having not been reached on Monday, 24 May 2010 and continued until 12 July 2010 by Motion of the Defendant Llewellyn, and the Court, after reviewing the verified Motion for Emergency Ex-Parte Order, and hearing arguments of counsel, makes the following Findings of Fact: 1. That the Plaintiffs continue to be citizens and residents of Davie County, North Carolina. 2. That the Defendant Llewellyn (now Dozier) is a resident of Pennsylvania. 3. That in March of 2010, the Plaintiffs filed a Motion in the Cause due to circumstances which had occurred after entry of the emergency ex parte order in October of 2004, and that matter was on the calendar for hearing at the 24 May 2010 session of Davie County Civil District Court; that when the Defendant Llewellyn discovered that due to other matters on the court calendar that this matter would not be heard on the 24', she made a Motion to continue the matter until 12 July 2010, to which the Plaintiffs through counsel agreed. 4. That there are approximately two weeks of school remaining from 24 May until the end of the 2009-2010 school year; that pursuant to the Defendant Llewellyn's request, the Plaintiffs have had actual physical custody of Holly Straney from October 2009 and had enrolled her in the Davie County School system, in Cooleemee Elementary School; that beginning 25 May 2010 the schools are administering "End of Grade" testing, or assessments, which are used in part to determine the child's academic progress and is part of the material used to determine promotion to the next grade or retention. 5. That shortly after the end of the school day, the Defendant Llewellyn appeared at the Plaintiffs' home with law enforcement officers, and took custody of the minor child; upon information and ,belief, the Defendant Llewellyn has left the State of North Carolina and returned to Pennsylvania. / 79 0 0 P d . P; -rd N0J [oaf A9 sc - elk 3m:3g 6. That in order to maintain the status quo, it is necessary to return the child to the Plaintiffs pending a hearing on the merits of this action. BASED on the foregoing Findings of Fact that in order to maintain the status quo, the child should be returned to the Plaintiffs pending a hearing on the merits of this action. IT IS Therefore Ordered, Adjudged, and Decreed as follows: I . That custody of Holly Elizabeth Straney is granted to the Plaintiffs pending a hearing on the merits of this action. 2. That the Defendant Llewellyn is Ordered to return the child to the Plaintiffs immediately. 3. That any law enforcement officer having knowledge of the child's whereabouts is Ordered to assist the Plaintiffs in securing custody of the minor child. 4. Any law enforcement agency having knowledge of the whereabouts of the child is to immediately remove the child from the custody of the Defendant Llewellyn - Dosier and promptly return the child to the Plaintiffs. This the day of May, 2010. John I.Penry, Jr., District Court Judge Presiding - ` - _ • i D ? C ND (>- C_tN ?? . . Plaintiffs contact information: telephone: 336-998-2496 cellular telephone: 336-462-7966 address: 6838 NC Hwy 801 South, Mocksville, NC 27028 'Lrn CERTIFIED MAIL...I RECEIPT (Domestic Only; No Insurance Coverage Provided) m For delivery information visit our website at www.uspsxomQ? M 0 o CO Postage $ ru O Certified Fee 4 Postmark O Return Receipt Fee Here (Endorsement Required) Er Restricted Delivery Fee CO (Endorsement Required) (1J Total Postage & Fees =I- Sent To M /Avrz? L-E. toe l x - 0Z f ( --- Sliest, Apt No.; ? ------------ - or PO Box ate No. j©S ?11?KC1??• Cary, St, ZlP+4 -•-------- •-•-------°---- °• /1----- V 016 F -P6- /77 PS Form 3800, June 2002 R-,e,se fo, m C7 0 - 1. 3"?oT m > LO u1 ?Qro rLL b INn (N (D 0 o g p :L WIIAJM -1 U 00 a o O x w°z O?zx> wpb ??? ?O=?z OZ,zawa. H ? 3 z 0 x N 0 a Q' Ln ru m m 0 0 .?? CO m 0 -- o 0 0 0^ 0 0 N W 4 c 3"00 Cm p?V???q?" <v r? S. W V N LU s? o b ? r 4- LL- it o °llivifl ` a v^ o g U o COO W 00 ?O> w ? cn cQ ? UW E-wz OZ,z?waw.¢? OOCC4 w 3 z 0 x 0 o ° s. -a az•? o0 ?o? N o C;? C? $ V pv- fl ITT N S•.: ?m g - 9' a !h ? ,p+?wq } O rn S?ilNn - o 4 U H o Q wx w°OQ x> w? cnm? U W f--w z oz.z w x o 0 :D H vn H ? w 3 ? 0 x rye ~ 00 C#4) O V] N ? O ?3z Qx? c3 M O 3 . N jm r LL, 2c d O 2v^ 4 QlNn o 9 1 i . 51j, ICI U U U ? N O ? O + N W ? o U x o ? '> a N J H a o?oz F- 0 ->' w?Y cnr.?? UW F-wz z oz?w? ¢? H C4 Q z 0 x