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SUZANNE M. CLAY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
94- t.JJ q ~
CIVIL TERM
LARRY DANIEL CLAY,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please enter an Order for custody based on the certified
copy of the Order as received from Cabarrus County, North
Carolina.
Respectfully submitted,
D..,d, it,:[1, my
MASLAND
John
26
Car sle, PA 17013
(717) 243-6222
Attorney for the Plaintiff
SAID IS, GUIDO,
SHUFF &
MASLAND
26 W, IIish 511<<'
Carli.I.. PA
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LAW O"ICII 0'
CRITZ. BUCK.
ROGERS. RUTH. P. A.
CONCOIlO 'CHAln.OfTl
NOll'HCAIlOLI"'''
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IN THE GENB~~~COURT O~ JUSTICE
DISTRICT COURT DIVISION
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NORTH CAROLINA
CABARRUS COUNTY
FILE NO. I 93 CVD lUO
FILK NO.1
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SUZANNE
H. CLAY, i ..___cfi1't--
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LARRY DANIEL CLAY,
Defendant.
THIS CAUSE, coming on to be heard and being heard before
the undersigned District Court Judge presiding at the July 22,
1993 civil non-jury session of the District Court for Cabarrus
County, North Carolina: and it appearing that this is an
action commenced by the plaintiff seeking a divorce from bed
and board, custody of the parties' minor children, child
support, payment of reasonable medical and dental expenses,
and a restraining order which would prohibit threatening,
assaulting, harassing conduct on the part of the defendant;
and it further appearing that at the time of the call of this
matter for hearing, the parties and their attorneys announced
that all matters in controversy between the plaintiff and
defendant had been compromised and settled, and that the
settlement of the parties had been reduced to a memorandum of
order which appears of record, and based upon the agreement of
the parties as evidenced by the said memorandum of order, the
Court makes the following:
FINDINGS OF PACT
1. The plaintiff is a citizen and resident of Cabarrus
county, North Carolina, and had been a resident of the state
of North Carolina for more than six months next preceding the
institution of this action.
2. The defendant is a citizen and resident of Cabarrus
County, North Carolina.
3. The defendant was properly served with a summons, copy
of the plaintiff's complaint, and a temporary custody order,
in accordance with Rule 4 of the North Carolina Rules of Civil
Procedure, and has filed an answer and counterclaim in this
cause.
4. The plaintiff was personally present in court
represented by her attorney William F. Rogers, Jr., and the
defendant was personally present in court represented by his
attorney Phillip G. Carroll. A TRUE CCPY
CLERK 0,. ':\:;"':;' , !"111"1
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5. The parties are the parents ot two minor children,
namely: Elizabeth Anne Clay, born October 12, 1991, and Kristy
Marie Clay, born March 15, 1993. The plaintiff and the minor
children have resided within the state of North Carolina tor
more than six months next preceding the institution of this
action, and North Carolina was the home state of the minor
children within the meaning ot North Carolina General statute
section 50A-3 at the time of the commencement of this action.
6. The parties have stipulated and agreed that the
plaintiff is a fit and proper person to have custody of the
minor children Elizabeth Anne Clay and Kristy Marie Clay, and
that it is in the best interest of the said minor children for
their custody to be awarded to the plaintiff.
7. The parties have agreed that the defendant is a fit
and proper person to have visitation privileges with his minor
children as follows:
a. Until the minor child reaches her second
birthday, the defendant shall be entitled
to visit with the child in the town of
the plaintiff's residence for six hours
on Saturday or Sunday, upon 48 hours
prior notice to the plaintiff.
b. After the minor child's second birthday,
the defendant shall be entitled to visit:
1. Alternate weekends from Friday
at 6:00 p.m. until Sunday at
6:00 p.m. upon 48 hours prior
notice to the plaintiff;
2. December 26 at 2:00 p.m. until
December 31 at 6:00 p.m. each
year;
c.
3. One week each summer upon 60
days prior notice to the
plaintiff;
4. Any additional times mutually
agreed to by the parties.
Neither party shall possess, use, or
consume alcoholic beverages or controlled
substances in the presence of the minor
children.
LAW O'''CII 0'
CRITZ. BLACK.
ROGERS a RUTH. P. A.
CONCO"D' CHAltLOnc
HOltTH CAROLINA
'8. The parties have agreed that based upon each parties
current income, and considering the North Carolina Child
Support Guidelines, the defendant has the present ability to
pay the sum of $85.00 per week for the support of his minor
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children, with the first such payment to be due on Friday,
July 23, 1993. The parties have agreed that child support
payments shall be paid into the office of the Clerk of
Superior Court for Cabarrus county, North Carolina to be
disbursed to the plaintiff, and that child support payments
shall continue for each minor child until she reaches the age
of 18 or graduates from high school, whichever shall last
occur, provided that child support payments shall not continue
past the child's 20th birthday.
9. The parties have agreed to a partial distribution of
the marital property as reflected by the schedules of personal
property attached to the memorandum of order, which are
adopted herein by reference. The parties have agreed that each
shall retain as his or her sole and separate property all
items listed on the said schedules.
10. The plaintiff and defendant have agreed that neither
shall molest, assault, threaten, or harass the other at any
time.
CONCLUSIONS OF LAW
1. The Court has jurisdiction over the person of the
plaintiff, the defendant, and the subject matter of this
action.
2. The plaintiff is a fit and proper person to have
custody of the parties' minor children, and it would be in the
best interest of the said minor children for their custody to
be awarded to the plaintiff.
3. The defendant is a fit and proper person to have
visitation privileges as set forth in the FINDINGS OF FACT,
and such visitation privileges are in the best interest of the
minor children.
4. The defendant has the present ability to pay the sum
of $85.00 per week into the office of the Clerk of superior
Court for Cabarrus County, North Carolina to be disbursed to
the plaintiff for the benefit of the minor children. It is in
the best interest of the minor children that such support
payments continue for each minor child until such time as the
child reaches the age of 18 or graduates from high school,
whichever shall last occur, provided however that child
support payments shall not continue past the child's 20th
birthday.
LAW o,,,c,,. 0'
5. with respect to the items of personal property listed
on the exhibits attached to the Memorandum of Order in this
cause, the parties have agreed to a final distribution of
those assets, and each party shall retain the items of
personal property listed on the attached schedules as his or
her sole and separate property.
CRITZ, BLACK.
ROGERS. RUTH, P. A.
COHCOflD,C........LOTTE
NOIlT" CAROUNA
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IT IS, THEREFORE, ORDERED.
1. That custody of the minor children Elizabeth Anne Clay
and Kristy Marie Clay is hereby awarded to the plaintiff.
2. That the defendant shall have reasonable visitation
privileges with the minor children as follows:
a. Until the minor child reaches her second
birthday, the defendant shall be entitled
to visit with the child in the town of
the plaintiff's residence for six hours
on Saturday or Sunday, upon 48 hours
prior notice to the plaintiff.
b. After the minor child's second birthday,
the defendant shall be entitled to visit:
1. Alternate weekends from Friday
at 6:00 p.m. until sunday at
6:00 p.m. upon 48 hours prior
notice to the plaintiff;
2. December 26 at 2:00 p.m. until
December 31 at 6:00 p.m. each
year;
LAW o,,,crl 0'
3 . One week each summer upon 60
days prior notice to the
plaintiff;
4. Any additional times mutually
agreed to by the parties.
c. Neither party shall possess, use, or
consume alcoholic beverages or controlled
substances in the presence of the minor
children.
3. That the defendant shall pay into the office of the
Clerk of Superior Court for Cabarrus County, North Carolina
the sum of $85.00 per week to be disbursed to the plaintiff
for the benefit of the minor children, with the first such
payment being due on Friday, July 23, 1993, with identical
payments due each and every Friday thereafter. Child support
payments shall continue for each minor child until each child
reaches the age of 18 or graduates from high school, whichever
shall last occur, provided however that support payments shall
not continue past each child's 20th birthday.
4 . Each party shall retain as his or her sole and
separate property all items of personal property listed on the
schedules attached to the Memorandum of Order which appears of
record. This partial division of marital property shall in no
CRITZ. BLACK,
ROGERS. RUTH. P. A,
COHCOLllO' CHAIlLO"1
HOlllTH C.....OLI"'...
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way effect
distribution
items listed
either party's right to seek an equitable
of marital assets and/or debts other than those
on the said schedules.
5. Neither party shall molest, assault, threaten or
harass the other, and
6. This cause is retained for further orders.
.Entered
~3.-d day of
LAW O"ICU 0'
CRITZ. lLACK.
RoalRI . RUTH. P. A.
CONCORD' CHARLO"I
NORTH CAItDUNA
this
22nd day of July,
~ u.rr , 1993.
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JUL 29
2 55 PH '9~
FMO'OFFICE
OF ThE P/lOTHOHOTAfty
CUHBERUND COUNTY
p'~MNSYLVAlllA
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