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07 CVD 1000
NOW COMES Plaintiff, by and through counsel, complaining of Defendant, by alleging and saying:
1. Plaintiff is a citizen and resident of County, North Carolina; Plaintiff has been a resident of Wake County, North Carolina, for at least six months preceding the commencement of this action.
2. Defendant is a citizen and resident of the State of North Carolina.
3. Plaintiff and Defendant were lawfully married to each other on May 1, 1987, and lived together as husband and wife until May 10, 1997, when they separated.
4. There was one child born of the union and marriage of Plaintiff and Defendant, to wit: Deborah Doe, born May 1, 1989.
FIRST CLAIM FOR RELIEF
1. In order to avoid controversy between the parties hereto with regard to custody, visitation privileges and child support, it is in the best interest of both parties and of the said minor child that this Court make an award of custody, as well as providing for visitation privileges and child support.
2. Pursuant to N.C.G.S. Section 50A-3, there exist facts justifying this Court to assume jurisdiction to determine custody of the said minor child, and, pursuant to N.C.G.S. Section 50A-9, Plaintiff respectfully shows unto the Court the following required information:
a. The present address of the said minor child is an undisclosed location with the Plaintiff, where she reside with Plaintiff and where she has resided since June 1, 1997; and previously, the said minor child resided at with Plaintiff and Defendant 100 Main Street, Raleigh, North Carolina 27601.
b. Plaintiff has not participated as a party, witness, or in any other capacity in any other litigation concerning the custody of the said minor child in this or any other state;
c. Plaintiff has no information of any custody proceeding concerning the said minor child pending in a court of this or any other state; and
d. Plaintiff knows of no other person not a party to these proceedings who has physical custody of the said minor child or claims to have custody or visitation rights with respect to said minor child.
3. Plaintiff is a fit and proper person to have the exclusive care, custody and control of the said minor child, and it is in the best interest of the said minor child that her exclusive care, custody and control be placed with Plaintiff.
SECOND CLAIM FOR RELIEF
1. Plaintiff realleges and incorporates herein by reference all of the allegations contained in the First Claim for Relief as if fully set forth herein.
2. Plaintiff is an able-bodied person who is gainfully employed and is therefore able to contribute to the support of the minor child of the parties.
3. On information and belief, Defendant is an able-bodied person who is gainfully employed, and that, as the natural parent of the said minor child, Defendant owes a duty of support to the said minor child, pursuant to N.C.G.S. Section 50-13.4, and Plaintiff is in need of and entitled to receive support from Defendant for the use and benefit of the said minor child in such amounts as the Court may deem just and proper.
THIRD CLAIM FOR RELIEF
ALIMONY AND DIVORCE FROM BED AND BOARD
1. Plaintiff realleges and incorporates herein by reference all of the allegations contained in the First and Second Claims for Relief as if fully set forth herein.
2. That Plaintiff is a dependent spouse within the meaning and provisions of North Carolina General Statutes Section 50-16.1A et seq.; that the Plaintiff is actually substantially dependent upon the Defendant for her maintenance and support; that the Plaintiff is in need of subsistence from the Defendant to maintain a home for herself and for the minor child; that the Plaintiff is without funds with which to subsist during the pendency of this action.
3. That the Defendant is a supporting spouse within the meaning and provisions of North Carolina General Statutes Section 50-16.1A et seq.; that the Defendant is an able-bodied man capable of gainful employment; that the Defendant should contribute to the support of the Plaintiff as well as the minor child; that the Defendant is a husband upon whom the Plaintiff is actually substantially dependent upon for maintenance and support.
4. More particularly, Plaintiff presently earns approximately $10,000 per year in employment; she has no expectation that her wages will increase in the near future; and she is reasonably exercising her income-earning capabilities.
5. Defendant presently earns in excess of $90,000 per year in employment; and Plaintiff believes his wages could increase in the future as Defendant continues to be promoted.
6. Plaintiff relies on Defendant’s net monthly income of approximately $6,000 to meet her reasonable needs consistent with the parties’ standard of living in the most recent years of their marriage. In addition, Plaintiff relies on the medical and dental insurance coverage for her being provided to Plaintiff through Defendant’s employer’s group insurance plan.
7. Except for her wages and the support Defendant is obligated to provide to Plaintiff, she has no other economic resources on which she can depend to sustain herself financially so as to adequately meet her reasonable needs.
8. Defendant has the financial resources to provide Plaintiff with postseparation support, and later alimony, of not less than $3,500 per month, which amount is needed to adequately meet Plaintiff’s needs.
9. During the course of the marriage between Plaintiff and Defendant, Defendant has offered such indignities to the person of Plaintiff so as to render her condition intolerable and her life burdensome, as follows:
a. In 1990 the Defendant put a gun in his mouth and threatened to kill himself in front of the Plaintiff;
b. In 1991 the Defendant kicked the Plaintiff in the buttocks with such force as to cause the Plaintiff pain and difficulty sitting for nearly a month;
c. In 1994, while Defendant was driving the car with Plaintiff in the car on North Carolina Interstate 95 the parties discussed separation. The Defendant told the Plaintiff “they will find you in a hundred pieces” if you try to leave me and take my child. The Defendant then slowed and acted as if he was looking for a spot to kill Plaintiff.
10. The aforementioned conduct constitutes constructive abandonment.
11. The aforementioned conduct constitues cruel or barbarous treatment endangering the life of the Plaintiff.
12. Defendant has committed illicit sexual behavior with a female person to be named at the time of the hearing in this matter; said behavior has not been condoned by Plaintiff.
13. That at all times throughout the marriage, the Plaintiff has been a faithful and dutiful wife to the Defendant; that at no time during the marriage did Plaintiff commit any act of marital misconduct within the meaning and provisions of North Carolina General Statutes Section 50-16.1A; and that the aforesaid actions and conduct of the Defendant have been without adequate provocation on the part of the Plaintiff.
14. That Plaintiff is entitled to postseparation support and alimony.
15. Plaintiff is entitled to a divorce from bed and board from Defendant.
FOURTH CLAIM FOR RELIEF
1. Plaintiff realleges and incorporates herein by reference all of the allegations contained in the First, Second and Third Claims for Relief as if fully set forth herein.
2. During the course of the marriage, the parties have acquired certain property which qualifies as “marital property” as defined by N.C.G.S. 50-20 et seq.
3. An unequal distribution of property in favor of Plaintiff would be fair and equitable in this case.
FIFTH CLAIM FOR RELIEF
COSTS, EXPENSES AND ATTORNEY”S FEES
1. Plaintiff realleges and incorporates herein by reference all of the allegations contained in the First, Second, Third and Fourth Claims for Relief as if fully set forth herein.
2. Plaintiff has insufficient means with which to defray the costs, expenses and counsel fees incurred as a result of this action, brought in good faith, and is therefore entitled to reasonable counsel fees pursuant to the North Carolina General Statutes.
WHEREFORE, Plaintiff prays the Court for the following relief:
1. That the verified Complaint of Plaintiff be allowed and taken as an affidavit upon which the Court may base all of its Orders in this case;
2. That the Court grant the relief prayed for in the attached COMPLAINT AND MOTION FOR DOMESTIC VIOLENCE PROTECTIVE ORDER;
3. That, pursuant to N.C.G.S. sections 50-13.5(d)(2) and (3), 50B-3 and 50B-7, Plaintiff be granted temporary care, custody and control of the minor child of the parties;
4. That Plaintiff be awarded a divorce from bed and board;
5. That Plaintiff be awarded prospective and retrospective postseparation support and subsistence in an amount to be determined by the Court;
6. That Plaintiff be awarded prospective and retrospective alimony and subsistence;
7. That Plaintiff be granted the exclusive care, custody and control of the said minor child.
8. That, pending a full hearing on the merits in the above-entitled action, Plaintiff be awarded the immediate temporary exclusive care, custody and control of the minor child;
9. That Defendant be ordered to pay into the office of the Clerk of Superior Court of Wake County, North Carolina, for disbursement to Plaintiff at an address to be furnished to the Clerk by Plaintiff, a reasonable amount as children support for the use and benefit of the said minor child;
10. That, further, Defendant be ordered to pay all of the necessary and reasonable medical, dental, orthodontic and prescription drug expenses of the said minor child to the extent that such expenses are not paid by medical insurance or otherwise;
11. That the Court make an equitable distribution of the marital property between Plaintiff and Defendant;
12. That the costs of this action, including reasonable counsel fees, be taxed against Defendant;
13. That Plaintiff be granted such other and further relief as the Court may deem just and proper in this case.
This the _____ day of July, 1997
The Rosen Law Firm
Lee S. Rosen
Attorneys for Plaintiff
4101 Lake Boone Trail, Suite 118
Raleigh, North Carolina 27607
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Mary Doe, being first duly sworn, does depose and say that she is the Plaintiff in the above-entitled action; that she has read the foregoing document and knows the contents thereof; that the same is true of his own knowledge, except to those matters and things stated upon information and belief, and as to those she believes them to be true.
This the ____________ day of __________________, 1997.
Sworn to and subscribed before me this the _______ day of _____________, 1997.
My Commission Expires: _________________