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 NORTH CAROLINA IN THE GENERAL COURT OF JUSTICEDARE COUNTY DISTRICT COURT DIVISION FILE NO. 16-CVD-242GARRETT WAYNE DRIVER, * Plaintiff # ORDER FOR MODIFICATION o* OF CUSTODY (Dafvs.ERIN MICHELLE GERMAN, Defendant THIS CAUSE coming on to be heard before the undersigned District Court Judge regarding amodification of custody with the Defendant being represented by Susan Harman Scott, Attorney atLaw, and the Plaintiff being represented by Jeanine C. Evans of the law firm of Evans & Meads,PLLC and the parties having consented to this order as referenced by their notarized signaturesattached hereto and after a review of the pleadings and with consent of the parties, the Court makesthe following: FINDINGS OF FACT Plaintiff is a resident of Dare County, North Carolina. Defendant is a resident of Dare County, North Carolina. Plaintiff and Defendant were never married. However, there was one (1) child born of their relationship, to wit: Henley Ann Driver, born September 20, 2015. This Court has jurisdiction over the persons and subject matter herein. Since the Custody Order entered on September 19, 2019, the following circ*mstances warrant the Court to modify the prior custody Order. a. Defendant moved to Texas without the minor child herein. She stayed in Texas for less than three months and returned to North Carolina. Since returning to North Carolina, Defendant has lived in at least eight locations in less than a year. One of the locations that she lived was the home of Rene Kuruc whom she had previously accused of being violent and of stalking her, in addition to raping her. The Court found in the prior Order that Defendant has been untruthful in her verified petition for a protective Order against Mr. Kuruc or she allowed significant contact between her children and a violent and inappropriate person. Of the other seven locations she has lived with the child, she has stayed at several no longer than a month and one of the locations was a temporary camper and another included bedding in one bedroom with both of her children based upon thegenerosity of former neighbors. Defendant has failed to provide any stability to herchildren since the last court date. Defendant often failed to inform Plaintiff when shemoves and Plaintiff has to rely upon his 4 year old to let him know where they areliving when he attempts to return the child to a home that the Defendant has movedfrom without telling Plaintiff. Defendant has lived in her latest location sinceSeptember 2020 but her lease expires in February.Until recently, Defendant has had no employment in her field since she returned tothe area except an occasional cleaning job. She was deployed with the Reserves forabout a month in April in which time, Plaintiff cared for the minor child. Sherecently began a job caring for elderly people in their home and has maintained thatemployment for several months.Defendant and Mr. Kuruc engaged in a physical altercation with the children presenton Christmas Eve 2019. Both were arrested and jailed and the children were placedwith neighbors of Mr. Kuruc.Defendant has apparently been drinking in excess as on May 12, 2020 shc engaged ina Facetime call with her son, Riley in Texas, during which she was visibly andclearly impaired. When Riley attempted to disengage from the call to complete amovie night with the family, Defendant told him, “f*ck your parents”. She later sentother profanity laced texts to Riley after the phone call.Defendant has had difficulty with her older daughter, Chloe’s behavior which hasresulted in police involvement between the two at and around Defendant's presentresidence in Southern Shores, North Carolina Chloe previously testified onDefendant’s behalf in the prior action heard in the summer of 2019 that Defendantwas a good parent to her and Henley. Defendant lived for a period of time withDavid Sawyer above Five Guys in Kill Devil Hills, but law enforcement wasinvolved on several occasions with them as well. Defendant is no longer dating Mr.Sawyer.Chloe reports that her mother is verbally abusive to her and she cannot live with hermother any longer.Defendant burned Chiloe’s possessions in the front yard at her residence.Defendant told law enforcement that she did not care if Chloe was taken to a fosterhome by the Department of Social Services. Defendant yelled at Chloe to leave herhouseDefendant destroyed Chloe’s laptop, phone, and ipad so she has no means ofcommunicating with her father.Chloe ran away on May, 15, 2020 but was found and returned to Defendant bySouthern Shores Police Department. Chloe ran away again on May 17, 2020. Her«father obtained Emergency Custody of her and since that time, she has lived in Texas. Henley witnessed all of the above events including the fighting, the burning of the belongings in the front yard, and the police involvement in the last week. The woman with whom Defendant was residing in Southern Shores has a 13 year old daughter in the home. The roommate also burned her child’s belongings in the front yard. The roommate and her child have engaged in physical altercations in front of Henley. Defendant has failed to provide a safe and stable home for the minor child, Henley, since the entry of the August 2019 Custody Order. In continued attempts to provide appropriately for Henley, Plaintiff attempted to enroll her in More at Four this Spring. Defendant refused to assist him and provide necessary personal information. Therefore, despite the fact that Plaintiff did everything in his power, Henley could not be enrolled until after Plaintiff obtained Emergency Custody and was able to resubmit the application without the Defendant.The foregoing warrants this Court to modify the August 2019 Custody Order and vestcustody of Henley with Plaintiff.The minor child has a stable, loving home with the Plaintiff. Plaintiff is a fit and properperson to have custody of the minor child. Defendant is fit and proper to have visitation asset forth herein.It would be in the best interests of the minor child that custody be vested with Plaintiff withvisitation for the Defendant as set forth herein.WHEREFORE based upon the foregoing FINDINGS OF FACT, the Court makes thefollowing: CONCLUSIONS OF LAWAll parties are properly before the Court.The Court has jurisdiction over the parties and the subject matter herein for the purpose ofthis Order.The foregoing Findings of Fact are incorporated as Conclusions of Law to the extentnecessary.The Plaintiff is a fit and proper person to exercise custody of the minor child as sct forthherein and Defendant is fit and proper to have visitation as set forth herein and it would be inthe best interest of the minor child that custody be vested as set forth herein.SeeThe parties have the ability to comply with this order.Based upon the foregoing FINDINGS OF FACT and CONCLUSIONS OF LAW, the CourtORDERS, ADJUDGES and DECREES the following:Plaintiff is vested with physical and legal custody of the minor child.Defendant is entitled to visitation as the parties may agree from time to time. In addition,Defendant is entitled to visit with the minor child as set forth herein.Defendant shall be entitled to visitation with the minor child each Wednesday from 4:30 pmto 7:30 pm. Defendant shail also be entitled to visitation each Saturday at 8:00 am throughSunday at 10:00 am.Christmas: In all odd numbered years, Defendant shall be entitled to Christmas visitationfrom December 24" at 10:00 am until December 25" at noon. In even numbered years, sheshall be entitled to visitation from December 25“ at noon until December 26" at 2:00 pm.Plaintiff shall be entitled to the same periods in opposing years.Thanksgiving: Defendant shall be entitled to have the minor child for Thanksgiving in alleven numbered years from Thanksgiving Day at 10:00 am until Friday at 10:00 am. ThePlaintiff shall be entitled to the same time period in odd numbered ycars.Easter: Defendant shall be entitled to have the minor child for Easter from the Saturday theday before Easter at 6:00 pm until Easter Sunday at 6:00 pm in all odd numbered years.Plaintiff shall be entitied to the same period in all even numbered years.Mother’s Day/ Father’s Day: The honored parent shall be entitled to spend the day with theminor child from Sunday at 9:00 am until Monday at 9:00 am.The Defendant shall inform Plaintiff of where she will be taking her visitation. TheDefendant shall not have overnight guests or a roommate when the minor child is spendingtime with the Defendant. The minor child shall have her own room and bed at both parties’homes. Defendant’s visits may occur at her present residence but not at any future residenceuntil Plaintiff has viewed and determined said residence to be acceptable. Said approval shallnot be unreasonably withheld.Defendant shall be responsible for all transportation regarding visitation unless the particsagree otherwise.The parties shall keep one another informed of the address of their present residence,roommates at the residence, and each of their cell phone and landline phone numbers.Both parents shall have the right to authorize emergency medical treatment if needed. The parent who authorizes this treatment shall notify the other parent as soon as it is safely possible. Each party shall be responsible for his or her own attorney fees. Both parents shall have access to all school/child care records and information, the right to participate in school/child care conferences, events and activities, and the right to consult with teachers and school personnel. Both parents have the right to access medical information and to consult with medical professionals concerning the minor child.10. The parent the child is with has the right to make day-to-day decisions for her. In matters of more consequence or lasting significance, Plaintiff shall be entitled to make the decision.ll Both parents shall have full and complete access to information related to their child. This information shall include, but is not limited to school matters, health issues, extra-curricular activity schedules or anything that would be of natural concern to either parent. Parents agree to exchange information by telephone, text message, mail, e-mail and speaking directly.12. Both parents shall be allowed telephone access to the child during the time they spend with the other parent and all telephone contact shall be at reasonable times and for reasonable duration. Additionally, both parents shall return any messages left for/by/concerning the child as soon as feasibly possible.13 Attorneys for both parties are allowed and hereby ordered to be withdrawn in this matter. This the dg day of December, 2020. [) The Honorabte Amber DavisONSENTED TOGARRETT WAYNE \__ DRIVER, Plaintiff a(Un. hiyaah C. EVANSSTATE OF NORTH CAROLINACOUNTY OF DAREL Sy A. la re a Notary Public for said County and State, dohereby certify that GARRETT WAYNE DRIVER personally appeared before me this day andacknowledged the due execution of the foregoing instrument. Witness my hand and official seal,this the Ao day of ‘Decen , 2020. otary Public We .My commission expires. a z x FH SS No,SEAL 2% as % Cw MTan AeDe. i u te oS Y \ my u . "WE CONSENT:uMERIN GERMAN Ziubherranfaeee: SUSAN HARMAN-SCOTT Attorney for DefendantSTATE OF NORTH CAROLINACOUNTY OF DAREI, Barbara Conway, a Notary Public of the County and State aforesaid, certify that ERINGERMAN personally appeared before me this day and acknowledged the execution of theforegoing instrument. Witness my hand and official stamp or seal this the 2" day of December,2020. OTARY PUBLIC STAMP My Commission Expires: October §2 5 ting, ~ Rg janeve, ‘a NOTARY S oe TO CURRITUCK COUNTY SHERIFF DEPARTMENT SY . 2 C/O CUSTODIAN OF RECORDS 407 MAPLE ROAD MAPLE, NC 27956 Telephone No. Telephone No. 252-453-8204 ae é YOU ARE COMMANDED TO: (check ail that apply) Cappear and testify, in the above entitled action, before the court at the place, date and time indicated below. Cappear and testify, in the above entitled action, at a deposition at the place, date and time indicated below. produce and permit inspection and copying of the following items, at the place, date and time indicated below. See attached list. (List here if space sufficient) Any and all incident reports, CAD Notes, supplemental reports, witness interviews, arrest reports, evidence logs, 911 calls or any other document regularly created in the regular course of business of the Currituck County Sheriff's Department from 10/1/2019 to present pertaining to Erin German, DOB: 8/14/1983, White Female, and/or in response to calls for service at 103 Marquis Court, Point Harbor, NC 27964.‘Name And Location Of Court/Place Of Deposition/Place To Produce Date To Appear/Produce, Until ReleasedEvans & Meads, PLLC 10/26/2020106A Ascension Drive Time To Appear/Produce, Until Released lam [JemKitty Hawk, NC 27949 9:30 DateName And Address Of Applicant Or Applicant's Attomey jo 9-32Jeanine C. Evans PY AMM CYUary Sig nalEvans & Meads, PLLC Ee106A Ascension Drive e yputy CSC LD Assistant csc (C1) Clerk Of Superior CourtKitty Hawk, NC 27949 Magistrate (J Attomey/DA District Court JudgeTelephone No. Of Applicant Or Applicant's Attorney 252-441-1800 x 200 (superior Court Judge RETURN OF SERVICE | certify this subpoena was received and served on the person subpoenaed as follows: By [Afersonal delivery. Ci registered or certified mail, receipt requested and attached. Li telephone communication by Sheriff (use only for a witness subpoenaed to appear and testify). Di telephone communication by local law enforcement agency (use only for a witness subpoenaed to appear and testify in a criminal case). NOTE TO COURT: /f the witness was served by telephone communication from a local law enforcement agency in a criminal case, the court may not issue a show cause order or order for arrest against the witness until the witness has been served personally with the written subpoena. (|| was unable to serve this subpoena. Reason unable to serve: ieService Fee Oo Paid | Date Served ‘Name Of Authorized Server (type or print) thorized Se Title/Agency$ Dove lpra2o20 | LALO LL li LAMA. NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in this case. If a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases. AOC-G-100, Rev. 2/18 (Please see reverse side) © 2018 Administrative Office of the CourtsNOTE: Rule 45, North Carolina Rules of C rocedure, Subsections (c) and (d).(c) Protection of Persons Subjectto Subpoena(1) Avoid undue burdenar egnens - Aparty of an attomey responsible for the 6) + When a court enters an issuance and service of a subpeena shall take reasonable steps to avoid imposing order competing 8 deposition or the production of records, Books, papers, an undue burden ar expense on a person subject to the subpoena. The court shall documents, electronically stored information, of other tangible things, the order enforce this subdivision and impose upon the party or atlomcy in violation of this shall protect any person who is not a party or an agent of @ party from significant fequirement an appropriate sanction that may include compensating the person expense resulting from complying with the subpcena, The court may order that the unduly burdened for lost eamings and for reasonab'e attomey's fees. person to whom the subpoena is addressed will be reasonably compensated for the cost of producing the records, books, papers, documents, electronicaliy stored(2) For production of puhtin. recseds of hospital medical records. ~ Where the subpoena information, or tangibte things specified in the sutpoena. commands any custodian of public records or any custodian of hespital medical records, as defined in G.S, 844.1, 10 appear for the sole purpose of producing (7) Trade secrets. confidential information ‘When a subpoena requires disclosure of a certain records in the custodian's custody, the custodian subpoenaed may, trade secret or other confidential research, development, cr commercial information, lieu of perscnal appearance, tender to the court in which the action is pending by a court may, to protect a perscn si ct to or affected by the subpoena, quash or registered or certified mail or by personal defivery, on o before theti 1 specified modify the subpoena, or when the party on whose behalf the subpoena is issued in the subpoena, certified copies of the records requested together with a copy of shows a substantial need for the testimony cr material that cannot otherwise be met the subpoena and an affidavil by the custodian testifying that the copies are true without undue hardship, the court may ordar a person to make an appearance or and correct capies and that the records were made and kept in the regular course produce the materials only on specified conditions stated in the order. of business, or if no such records are in the custodian’s custedy, an affidavit to that effect, When the copies of recerds are personally ci red under this subdivision, (8) Order to quash: expenses. - When a court enters an order quashing or medifying a receipt shall be obtained from the person receiving the records. Any onginal or {he subgoena, the ccurt may order the party on whose behalf the subpoena is certified copy of records or an affidavit detivered according to the pravistons of this issued to pay all or part of the subpcenaed person's reasonable expenses subs mn, unless otherwise objacticnabte. shail be admissible in any action or including attcmey’s fees. proceet 9 without further certification or authentication. Copies of hospital medical records tendered under this subdivision shall not be open to inspection or copied by (d) Duties In Responding to Subpoena any person, except fo the partics to the case or proceedings and their attomeys in depositions, untiV‘ordefed pablished by the judge ‘al the time of Wie hearing’er Wal, (1) response. Form of -A person responding to a subpoena to produce records, Nothing contained her shall be construed to waive the physician-patient privilege books, documents, electronically stored information, of tangible things shall or to require any privileged communication under law to be disclosed. Produce them as they are kept in the usual course of business or shall organize and label them to comespond with the categories in the request.(3) objection Written to subpoenes. - Subject to subsection (d) of this rule, a person commanded to appear at a depo: ion or to produce and permit the inspection and 2 F ps ally information stored not specified Ita subpoena copying of recerds, books, papers, documents, electronically stored information, does not specity 2 form for producing electroni lly stored information, the person or tangible things may, within 10 days after servi of the subpoena or before the sesponding must produce it in a farm or forms in which it crdinarily is maintained or time spceified for compliance if the time is less than 10 days after servico, serve in a reasonably useabte form or forms. upon the party or the attorney designated in the subpoena written objection to the subpoena, setting forth the specific grounds far the abjection. The written objection (3) Electronically stored information in only one form. - The person responding need shall comply with the requirements of Rule 11. Each of the following grounds may Not praduce the same electronically stored information in more than one form. be sufficient for objecting to a subpcena (4) Inaccessible electren| ally stored information. ‘The perscn responding need 2a. The subpaena fails to al’ow reasonable time for compliance. Not provide discovery of electronically stored information from sources that the b. The subpcena requires disclosure of privileged or other protected matter person identifies as not reasonably accessible because of undue burden or cost. and no exception or waiver applies to the privilege or protection. ‘On mation to compel discovery oF for a protective order, the person responding ¢. The subpoena subjects a person to an undue burden or expense. must show that the information is not reascnabiy accessible because of undue d. The subpcena is otherwise unreasonable or oppressive. burden or cost. If that showing is made, the court may nonetheless order discovery e. The subpeena is procedurally defective, from such sources If the requesting party shaws good cause, after considering4) f red to fon. = objection is mace under the limitations of Rule 26(b)(1a). The court may specify conditions fer discovery, subdivision (3) of this subsection, the party serving the subpoena shall not te including requiring the party that seeks discovery from a nonparty to bear the entitled to compel the subpcenacd person's appearance at a deposition or to costs of locating, preserving, collecting, and producing the electronically stored information involved. inspect and copy materials to which an objection has been made excopt pursuant to an order of the court. If objection is made, he panty serving the subpoena may, (5) Specificity of otiection. ‘When information subject to a subpoena is withheld on upon notice to the subpcenaed person, move at any time for an orderto cempel ‘the objecticn that is subject to protection as tial preparation materials, of that the subpocnaed person's appearance at the deposition or the production of the itis otherwise privileged, the objection shall be made with specificity and shall be materials designated in the subpoena. The motion shall te filed in the court in the supported by a descripticn of tne nature of the communications, records, books, county in which the deposition or production of materials is to occur. papers, documents, electronically stored information, or other tangible things not6) Jify subpoena. - A person commanded to appear al a produced, sufficient for the requesting party to contest the objection. trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers, documents, electronically stored information, or other eee eee - tangible things, wilhin“10‘days after survice’of the subpoena Gr belere the tire specified for compliance if the time is less than 10 days alter service, may file 2 motion to quash or mocify the subpoena. The court shall quash or modify the ‘subpoena if the subpoenaed person demonstrates the existence of any of fhe reasons set forth in subdivisicn (3) of this subsection. The mation shall be filed in the court in the county in which the trial, hearing. depesilion, of production of materials is to occur. INFORMATION FOR WITNESSNOTE: if you have any questions about being subpoenaed as @ witness, you should contact the person named on Page One cf this Subpoena in the box labeled “Name AndAddress Of Applicant Or Applicant's Attomey.DUTIES OF A WITNESS BRIBING OR THREATENING A WITNESS. Untess otherwise directed by the presiding judge, you must answer all questions Itis a violation of State taw for anyone to attempt to brite, threaten, harass, or asked when you arc on the stand giving testimony, intimidate a witness. If anyone attempts to do any of these things concerning your In answering questions, speak clearly and loudly enough to be heard. involvement as a witness in a case, you should promptly report that to the district Your answers to questions must be truthful attomey or the presiding judse. WITNESS FEE ityou are commanded to produce any items, you must bring them with you to court Awitness under subpoena and that appears in court to testity, is entitled to. a small of to the deposition. daily tea, and to travel expense reimbursem*nt, if il is necessary to travel outside tne You must continue to attend court until released by the court. You must continue to ‘county in order to testify. (The fee for an “expert witness" will be set by the presiding attend a deposition until the Ceposition is completed. judge.) After you have been discharged as a witness, if you desire to collect the statutory fee, you should immediately contact the Clerk's office and certity yourACC-G-100, Side Two, Rev. 2/18 attendance as a witness so that you will be paid any amount duc you.© 2018 Administrative Office of the CourtsNORTH CAROLINA IN THE GENERAL COURT OF JUSTICEDARE COUNTY DISTRICT COURT DIVISION FILE NO. 16-CVD-242 202 ye! IS Pl2u]GARRETT WAYNE DRIVER, Plaintiffvs : i ‘NOTICE OF HEARING *ERIN MICHELLE GERMAN, * Defendant * PLEASE TAKE NOTICE that the undersigned will bring this action on for Motion toModify hearing in the above entitled case before the Court in Dare County Civil DistrictCourtroom, on the 4th day of December, 2020 at 9:30 a.m. or as soon thereafter as counsel canbe heard. , This the IS day of October, 2020. EVANS & MEADS, PLLC (dawn Copan tb ine C. Evans mney for Plaintiff 6A Ascension Drive Kitty Hawk, NC 27949 Phone (252) 441-1800 CERTIFICATE OF SERVICEThis is to certify that a copy of the foregoing Notice of Hearing filed in the above matter wasserved upon all parties in accordance with Rule 5 of the Rules of Civil Procedure, by faxing acopy hereof to:Susan Harman-Scott252-423-3201 1 This the day of October, 2020. OM (nrg (JJganine C. EvansSTATE OF NORTH CAROLINA IN THE G RAL COURT OF JUSTICECOUNTY OF DARE DISTRICT COURT DIVISION FILE Ne 16-CVD-242 REQUEST FOR CIVIL ACTION HEARINGGARRETT WAYNE DRIVER JEANINE C. EVANS Plaintiff Counsel for Plaintiff vs. 207 4ERIN MICHELLE GERMAN SUSAN HARMAN-SCOTT. L tur i: 09 Defendant Counsel for DefendantNATURE OF ACTION: MOTION FI PRETRIALO HEARINGO OTHER i DISPOSITION OSPECIFIC RELIEF SOUGHT BY THIS REQUEST _ Motion to ModifyNUMBER OF WITNESSES (both parties) 6ESTIMATED LENGTH OF TIME FOR HEARING. 4 HOURSHAS THE CASE BEEN CALLED FOR PRETRIAL? _N/A.NATURE OF LAST ORDER ENTERED _ Temporary Custody Order DATE ENTERED 7/7/20CONSENT ORDER? 0 EVIDENCE PRESENTED? &NAME OF JUDGE ENTERING LAST ORDER Amber Davis CUSTODY CASES ONLY:MANDATORY MEDIATION HELD: (1 Yes (date held): (No (why?)MEDIATION WAIVED: LI Yes (date waived) ONoI have conferred with opposing counsel/party and certify that we are available for hearing within the next 90 days on those datesshown as follows: NOVEMBER9, 10, 16, 20 DECEMBER1, 4, 7, 8, 9, 10, 11, 14I hereby request that the above named case be set for hearing. To the best of my knowledge, the case is ready for hearing, and I do notknow of any reason why it will have to be continued. iste 10/07/2020 Jeanine C_Evans aDate of Request Signature of Attorney/Party Requesting Hearing Printed Name: Jeanine C. Evans Address: 106A Ascension Drive Kitty Hawk, NC 27949 Telephone/Fax: 252-441-1800 x 200 DO NOT WRITE BELOW THIS LINE —- FOR COURT USE ONLYFEES OB OSHC DEES IO SSSI OSS S SEE SOS GE CEE CBSO SSO S OOS SEE BBOB ETRE EE ESE REE: ORDER OF ASSIGNMENTThe above case is hereby assigned to Judge AMBER DAVIS for hearing onthe 4TH day(s) of DECEMBER 20 20 at 9:30 a.m. or as soon thereafter as maybe heard DURING A ONE-DAY SPECIAL SESSIONOF DARE COUNTY CIVIL DISTRICT COURT COURT, COURTROOM D, MANTEO, NORTH CAROLINA. Ai JeThis the 13 day of OCTOBER 0 20. Edgar L. Barnes Chief District Court JudgeCopy to: Clerk of Superior Court Assigned Judge Requesting Counsel or Party Opposing Counsel or Party Sheriff(updated 6/2015)NORTH CAROLINA IN THE GENERAL COURT OF JUSTICEDARE COUNTY DISTRICT COURT DIVISION '= © FILE NO. 16-CVD-242GARRETT WAYNE DRIVER, 200 JUL IS P 318 Plaintiffvs. CERTIFICATE OF SERVIQE,ERIN MICHELLE GERMAN, Defendant This is to certify that a copy of the Temporary Order for Custody in the above matter wasserved upon counsel for all parties in accordance with Rule 5 of the Rules of Civil Procedure bydepositing a copy in the United States Mail, postage paid, addressed to:Susan Harman Scott207 Queen Elizabeth Ave., Suite 101Manteo, NC 27954Garrett Driver202 W. Corrigan Street, Apt BKill Devil Hills, NC 27948 This wl? day of July, 2020. EVANS & MEADS, PLLC We Jeanine C. Evans Attorney at Law 106A Ascension Drive Kitty Hawk, NC 27949 252-441-1800 Phone 252-441-0800 FaxNORTH CAROLINA IN THE GENERAL COURT OF JUSTICEDARE COUNTY DISTRICT COURT DIVISION UL FILE NO. 16-CVD-242 0 Wy SDGARRETT WAYNE DRIVER, 7 Plaintiff TEMPORARY ORDER M pp eg)“ee “0. FOR CUSTODYvs.ERIN MICHELLE GERMAN, Defendant THIS CAUSE coming on to be heard before the undersigned District Court Judge regarding areturn hearing for temporary custody after entry of an emergency custody Order with the Defendantbeing represented by Susan Harmon Scott, Attorney at Law, and the Plaintiff being represented byJeanine C. Evans of the law firm of Evans & Meads, PLLC and Defendant moved to continue thematter, but said motion was denied by the Court and after a review of the pleadings and testimonyreceived, the Court makes the following: FINDINGS OF FACT Plaintiffis a resident of Dare County, North Carolina. Defendant is a resident of Dare County, North Carolina. Plaintiff and Defendant were never married. However, there was one (1) child born of their relationship, to wit: Henley Ann Driver, born September 20, 2015. This Court has jurisdiction over the persons and subject matter herein pursuant to N.C.G.S. §50A-204 for temporary child custody. Since the Custody Order entered on September 19, 2019, the following circ*mstances warrant the Court to continue the terms of the Emergency Order entered herein in a temporary custody Order. a. Defendant moved to Texas without the minor child herein. She stayed in Texas for less than three months and returned to North Carolina. Since returning to North Carolina, Defendant has lived in at least six locations in less than seven months. One of the locations that she lived was the home of Rene Kuruc whom she had previously accused of being violent and of stalking her, in addition to raping her. The Court found in the prior Order that Defendant has been untruthful in her verified petition for a protective Order against Mr. Kuruc or she allowed significant contact between her children and a violent and inappropriate person.Of the other five locations she has lived with the children, she has stayed at nonelonger than a month and one of the locations was a temporary camper and anotherincluded bedding in one bedroom with both of her children based upon thegencrosity of former neighbors. Defendant has failed to provide any stability to herchildren since the last court date. Defendant often failed to inform Plaintiff when shemoves and Plaintiff has to rely upon his 4 ycar old to let him know where they areliving when he attempts to return the child to a home that the Defendant has movedfrom without telling Plaintiff. Defendant alleges this was due in part to Plaintifftelling Defendant not to contact him and his failing to return calls from Defendantand listen to her text messages.Defendant has had no employment in her field since she returned to the area exceptan occasional cleaning job. She was deployed with the Reserves for about a month inApril in which time, Plaintiff cared for the minor child.Defendant and Mr. Kuruc engaged in a physical altercation with the children presenton Christmas Eve 2019. Both were arrested and jailed and the children were placedwith neighbors of Mr. Kuruc.Defendant has apparently been drinking in excess as on May 12, 2020 she engaged ina Facetime call with her son, Riley in Texas, during which she was visibly andclearly impaired. When Riley attempted to disengage from the call to complete amovie night with the family, Defendant told him, “f*ck your parents”. She later sentother profanity laced texts to Riley after the phone call.Defendant has had difficulty with her older daughter, Chloe’s behavior which hasresulted in police involvement between the two at and around Defendant’s presentresidence in Southern Shores, North Carolina. Chloe previously testified onDefendant’s behalf in the prior action heard in the summer of 2019 that Defendantwas a good parent to her and HenleyChloe reports that her mother is verbally abusive to her and she cannot live with hermother any longer.Defendant burned Chloe’s possessions in the front yard at her residence.Defendant told law enforcement that she did not care if Chloe was taken to a fosterhome by the Department of Social Services. Defendant yclled at Chloe to leave herhouse.Defendant destroyed Chloe’s laptop, phone, and ipad so she has no means ofcommunicating with her father.Chloe ran away on May, 15, 2020 but was found and returned to Defendant bySouthern Shores Police Department. Chloc ran away again on May 17, 2020. Herfather obtained Emergency Custody of her and since that time, she has lived in Texas. Henley witnessed all of the above events including the fighting, the burning of the belongings in the front yard, and the police involvement in the last week. The woman with whom Defendant is residing has a 13 year old daughter in the home. The roommate also burned her child’s belongings in the front yard. The roommate and her child have engaged in physical altercations in front of Henley. Defendant has lost control. She is drinking too much. She is failing in all regards to provide a safe and stable home for the minor child, Henley. Without Chloe present, Henley is not safe with Defendant as Chloe was responsible for caring for Henley much of the time. In continued attempts to provide appropriately for Henley, Plaintiff attempted to enroll her in More at Four this Spring. Defendant refuscd to assist him and provide necessary personal information. Therefore, despite the fact that Plaintiff did everything in his power, Henley could not be enrolled until after Plaintiff obtained Emergency Custody and was able to resubmit the application without the Defendant.The foregoing warrants this Court to continue the terms of the emergency Order and vesttemporary custody of Henley with Plaintiff.The minor child has a stable, loving home with the Plaintiff. Plaintiff is a fit and properperson to have custody of the minor child. Defendant is fit and proper to have visitation asset forth herein.It would be in the best interests of the minor child that the temporary custody be vested withPlaintiff with visitation for the Defendant as set forth herein.WHEREFORE based upon the foregoing FINDINGS OF FACT, the Court makes thefollowing: CONCLUSIONS OF LAWAll parties are properly before the Court.The Court has jurisdiction over the parties and the subject matter herein for the purpose ofthis Order.The foregoing Findings of Fact are incorporated as Conclusions of Law to the extentnecessary.The Plaintiff is a fit and proper person to exercise custody of the minor child as set forthherein and Defendant is fit and proper to have visitation as set forth herein and it would be inthe best interest of the minor child that custody be set forth temporarily as such to avoid controversy and provide stability for the minor child pending a hearing in this matter. The parties have the ability to comply with this temporary order. Based upon the foregoing FINDINGS OF FACT and CONCLUSIONS OF LAW, the Court ORDERS, ADJUDGES and DECREES the following: Plaintiff is vested with temporary physical and legal custody of the minor child. Defendant is entitled to supervised visitation as the parties may agree from time to time. In addition, Defendant is entitled to visit with the minor child twice per week for a period of two hours, unsupervised at a location approved by Plaintiff. This Order is enforceable by contempt. This Order is temporary and contains non-binding findings of fact that shall not prejudice either party in the ultimate hearing of this matter.This the +4 day of July, 2020. The Honorable Ammber-D ‘sCS €20052b51 ,|NORTH CAROLINA IN THE GENERAL COURT OF JUSTICEDARE COUNTY DISTRICT COURT DIVISION e r | {e& Te Looe D FILE NO. 16-CVD-242GARRETT WAYNE DRIVER, * Plaintiff 7020 HA 

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