Legacy Complete Case Scan March 16, 2023 (2024)

 
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 +, oY, 7 a\ ol LEAD DOCUMENT FOR SCANNING AUDIT TRAIL Date Filmed Description Film No. OSU Qoa\- 13 [2|r3|2n a0al- a4 Up22 Z2-% 4-14 -29 22-4 121-22 2a, 20 8-3-22 aa-al q-9n-22, ad- aS 42%-29) ao [0:20.29 Arak Waove 00.20 UAW ar 2 -20 WS ao 22-30 tL- 1-22 22-32. L523 23-4 6-20. 23 23,2 a-3-23 23-5AOC-G-113 Rev. 2/14® 2014 Administrative Office of the Courts 7LEE COUNTY CLERK OF SUPERIOR COURT civ RECEIPTING PAYEE NAME FILENO: 21 6¥2 107 D CVS cVM Deyesus, g eatriz, Clovis ano . Abstract (IGMT#) ©... - VCAP FLAG ¥CAP FLAG= NO - FILING : FILING FEES a wens tor 200.00 (©) cooc Divorce/Disp. Home $ “22 (J evoc District 150.00 - | CVOC Domestic $ 150.00 (2) cvme sma ciaims: ae. ao = wee $ 96.00 ] RESU 21400 $ ~ 10.00 SERVICE FEES SERVICE FEES- CJ suerirr 22515 $ CD sHERier 22515 $ eee MISCELLANEOUS FEES MISCELLANEOUSE FEES vee (7) ans TRIAL DENOVO 24310 § 100.00: 7} aumony pyMT 26420 $ (7) arertration FEE 24311 $s. (_) cory 21410 $ () casi Bono: ‘26210 “$° DEPOSIT PAYABLE Surplus 26600 $ C4 civil BOND 26210 MOTION PRO HAC VICE 24625 $§ 200.00 CLAIM OF LIEN “21435 [CODE: OSA) 24626 $ 25.00 © CONFESS JUDGMENT 21400 UPSET BID 26700 $ (CC) suPERior FACILITY FEE 2221 16.00 FACILITY FEE DISTRICT | 22220 $ { yr RENT BOND 26220 FACILITY FEE: SUPERIOR 22120 $ -— (3 TRANscaipT © 21440 (J wait exec/edss 21430 MISC (OTHER ACCOUNT) "22400 (2) Business court _ 22122 ne -« JUDGMENT Py? stra 11! JUDGMENT Id Docketed 26110 $ © Full jal DO NOT TAKE PAYMENTS ON M NUMBERS!!!!/ &> Full _&® E> Partial Book PG ia ALIAS & PLURIES Non’ 7A-308 Motion Fee Ae mere CJ Spec | Proc. Motion for Hrg 21455 21450 21460 — $ $ 15.00 - 20.01 . DEPOSITS CJ civit TRUST RECEIPT COND! NATION 26310 26130 $ - ine wee ATTENTION: 10 NO’ PAYMENTS - - ~ - - wee mie ee TOTAL DUE $ Fd-00 DATE. 7{o 2023, PREPARED BY: ——CSC/Magistrate Receipt total Received DO.OO Receiptt | - 872706Date LUA OA CountyFor County Leg cash [[] Check wo ([]File? OUCVO \O) For WEYCSS , MEOW, Cir aryReceived of Received by ae otCriminal Cost Amount SMa gi fe: a te Es! tate/Special Proceedin AmountIFC RM estc[FDA icTWwM te" Other Estate Cost 21140(FTA Trust 26310IFT ul SPSCCRDC iMMIVM, “a vas Foreclosure 21445CRTC SBM, ths Surplus Funds 26600CRDA 1334 Widows Allowance 21140CRTA FEO IAGISTRATE COS” INDICATE: Upset Bid 26700CRDS FFI Civit CostCRSC ae cvMCMMV ity) cbDCSB ‘i oy cvoc FOR ALL CRIMINAL COSTS: '10' Fig Ccvsc INDICATE: {Ci ‘Bor Gait; 292XKi, CVBC OFFICER ep 264° of Judgment 26115 FACILITY Ci Rent Bond 26220 oS TF (if municipal facility) iO ay, Alimony 26420Miscellaneous Receipts te Civil Officer Fee 22515AAF lag Ae Child Support 26410 ws Other oirer MOH “ISD8cOSA oi tht QO OOCopies 21 Other- ———_——Record Check Other-Civil Revocation jEXP. 202% Other-Bad Ck Restitution —_— Other-AOC-A2 REV 1114CSC/Magistrate Receipt total Received ACS Cr.) Receipt # J - 872706Date IW WAAAY CountyForCounty \_@ Q. Cash oO check [XJ vo [7]File# AVCOVO WIA ror WES VOOM Coy ad ‘‘Received of Received by \C¢ WAT. (ocCriminal Cost Amount Magis: jount Estate/Special Proceeding Amount(FC CRM ESTC|FDA CTWM: Other Estate Cost 21140FTA, Trust 26310FTC FW: SPSCCROC Foreclosure 21445CRTC ‘SBM Surplus Funds 26600CRDA tMar 21339 Widows Allowance 21140CRTA ‘OR, L MAGIS: € COSTS INDIC) Upset Bid 26760CRDS OFFIC! Civil CostCRSC "Fy ALY CvmcMMV If municipal cbDCSB cvpDc FOR ALL CRIMINAL COSTS: oni 26: cvsc INDICATE: ash. her Cnty 292KX, CVBC. OFFICER yt 2641 Judgment 26115 FACILITY ge.Pyl th any Rent Bond 26220 {tf municipal facility) 20100 Alimony 26420Miscellaneous Receip' ‘Re: itu Civil Officer Fee 22515BAF Fines, 22709 Child Support 26410BC Jail'Fe Other ‘ NuOSA Other, Fees he Other (yy ts AMSCopies TA Fe 2121 Olher-Record Check 213 OtherCivil Revocation EXP.Community Si 24202 Other-Bad Ck Restitution Ot Othar-AOC-A? REV. 114o a Te: STATE OF NORTH CAROLINA 21 CVD 107 a TEE COUNTY In The General Court Of Justice LEE County FILE District C] Superior Court Division Name Of Plainntt BEATRIZ CIPRIANO DE JESUS FEB 08 202 3MOTION COVER SHEET VERSUS Name Cf Defendant at al OcLegys——"TOMAS LOZANO LEYVA BY_ | [er f@. (9), Riules of Practice For Superior and District Couns 5 pp OMName And Adgtess Of Atiomey Or Party, lf Not Represented [comploto for inital gi ir appearance or change of addross) KELLY MILLER KELLY MILLER LAW 1817 LEE AVENUE, SUITE #1 SANFORD, NC 27330 Telephone No, FAX No. 919-542-2233 919-655-1823Attomey Ber No.45478 Initial Appearance in Case (Change of Address MOTION Fe Type of Motion (For each motion, enter code for pe of Motion from list on reverse By (identity Party) Agalnst (identify Party} side; if OTHR, describe motion)MVIS Cal BEATRIZ CIPRIANO DE JESUS Cal TOMAS LOZANO LEYVAOTHR OAll BEATRIZ CIPRIANO DE JESUS Call TOMAS LOZANO LAYVAATFE Dall BEATRIZ CIPRIANO DE JESUS Dail TOMAS LOZANO LEYVA Cal Catt Call Dau Oall Oat Qal Olan Gal Dall Oa Dall Dan Dat Dal Oat Dal Oat Dall Cat Dal Oat Dat Oa Dal Oat Olan Oait Oa Dall Dan Oat Cal Cal Ola Oa Dall Oal Clan DanDate ‘Signaturo Of Altomey/Pany NOTE: Al ftings in civ! actions shail include as tho first nage of the filing @ cover sheet summarizing tne catical elements of the fling in a format prescribed by the Administrative Office of the Courts, and the Clork of Suporior Court shai requito a party to ref'a a fling which dces nol include the required cover sheet. For subsequent filings in civil eelions, the fing party must aither Inchads 8 Mobons (AQC-CV-752), Ganeral Civil (AOC-CV-761), or Court Action (AOC-CV-753) cover shoot. (Over) AOC-CV-752, Rev. 1/14 ©2014 Administrative Office of the Courts- LEE COUNTY STATE OF NORTH CAROLINA FICED File Number Lee County 21CVD107 FEB 08 2023in The General Court Of Justice District Court Division Plainti mt Ste oer a BEATRIZ CIPRIANO DE JESUS. — CLERK OF SUPERIOR C6. Plaintiff's Attorney DOMESTIC RELATIONS KELLY MILLER CALENDAR REQUEST Pro Se Plaintiff's Address Session Date’: 092077 2] g]/23 Issues to be heard: Motion to suspend visitation, Psychological evaluation of Defendant and Attorney's fee VERSUS Defendant Estimated time needed for hearing:TOMAS LOZANO LEYVA oe min Z hour days Defendant's Attorney Red Calendar Blue Caleadar KEVIN FOUSHEE POST/FOUSHEE/PATTON, ATTORNEY'S AT LAW P.O BOX 1320 Date Requested” SANFORD, NC 27330 Begin Time 9:00 AM. PM Pro Se Defendant's Address *Plaintiff/Attorney Initials: *Defendant/Attorney initials: *INITIALS OF BOTH PARTIES/ATTORNEYS ARE REQUIRED FOR RED OR BLUE CALENDAR(a —_ CONFIRMATION Certificate of Re: 1. All motions existing of record this date have been heard or otherwise disposed of or may be disposed of without delay of the trial. 2. I know of no procedural matters which would delay the trial of the case when called for trial. 3. | know of no parties or witnesses that would not be available for trial. ‘Session date indicates the day domestic court begins and calendar is called for the week. COPY TO: Calendar Clerk and Defendant's Attorney of Record 2 Date requested is the date this case is actually set for hearing on the RED or BLUE calendar. 4. 1 know of no current reason that would cause me to move for a continuance. | am ready for trial. Date: Osdseeranrr 218 [25DR Form A (sev. 10/2014) District11 - Domestic Relations~ STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF LEE DISTRICT COURT DIVISION 21 CVD 107 LEE COUNTY FILED FEB 08 2025 AT, L (ue ‘ i gyreBEATRIZ CIPRIANO DEJESUS, BY, Plaintiff, LER) SUPERIOR COURT ‘\Y MOTION TO SUSPEND DEFENDANT’S Vv. VISITATION, PSYCHOLOGICAL EVALUATION OF DEFENDANTTOMAS LOZANO LEYVA, AND ATTORNEY’S FEES Defendant.NOW COMES the Plaintiff, and moves the Court pursuant to N.C. Gen. Stat §50-13.7 to suspendDefendant’s visitation, pursuant to Rule 35 of North Carolina Rules of Civil Procedure to order apsychologica) evaluation of Defendant. and pursuant to N.C. Gen, Stat §50-13.6 to grant Plaintiffattorney’s fees. In support of these motions, Plaintiff states the following: The Plaintiff is a citizen and resident of Lee County, North Carolina and has been a resident of North Carolina for more than six months preceding the institution of this action. The Defendant is a citizen and resident of Lee County, North Carolina. The parties were married on May 30, 2003 and separated on January 1, 2021. The parties are the parents of two minor children: Ashley Lonzano Cipriano (07/02/2006) and Lizett Lozano Cipriano (DOB 08/30/2008). The parties are the parents of one child that is not a minor: Michelle Lonzano Cipriano. The Parties entered into a Consent Child Custody Order on April 7, 2022. Formal order was entered May 12, 2021. The Order remains in place. The Order grants the Plaintiff temporary custody of the children and grants Defendant visitation every other weekend with the children. FIRST CLAIM FOR RELIEF: MOTION TO SUSPEND VISITATION All preceding allegations arc re-alleged and the same are incorporated herein by reference.. \~ 10. The Plaintiff desires to suspend Defendant’s visitation with the minor children. 11. Upon information and belief, Defendant is treating the children in a manner that causes the children severe distress and anxiety. 12. The minor children would often come home crying atter visits with Defendant. 13. Upon information and belief, the children have requested to cut visitations short due to Defendant’s behavior.14, Upon information and belief, Defendant questions the children about the Plaintiff and demands answers from them.15. Upon information and belief, when the children do not or cannot answer Defendant’s questions about Plaintiff, the Defendant becomes irate and verbally aggressive.16. Upon information and belief, the children become frightened when Defendant acts in this manner.17. Upon information and belief, the children feel unsafe when Defendant acts this way.18. Upon information and belief, the children are concemed that Defendant will become physically abusive with them.19. Defendant has recently followed Plaintiff to Walmart and attempted to approach her without her consent. Plaintiff was frightened and drove off.20. Defendant was recently on Plaintiff’s neighbor’s property attempting to get in Plaintiff's backyard. When Plaintiff drove in the neighbor's driveway, Defendant ran-off to hide,21 Upon information and belief, Defendant has hidden to watch Plaintiff’s home in the past.22. Plaintiff is afraid of Defendant and that he may physically harm her or the children. SECOND CLAIM FOR RELIEF: MOTION FOR PSYCHOLOGICAL EVALUATION23 All preceding allegations are re-alleged and the same are incorporated herein by reference.24 Based upon Defendant’s behavior with the minor children, Plaintiff desires for Defendant to obtain a psychological evaluation and following any recommended treatinent. THIRD CLAIM FOR RELIEF: ATTORNEY’S FEES25, All preceding allegations are re-alleged and the same are incorporated herein by reference.\ -26. Plaintiff is an interested party proceeding in good faith on her claims. Plaintiff has insufficient means to defray the costs, expenses, and attomey's fees of pursuing these claims.27. Plaintiff is entitled to an order requiring Defendant to pay Plaintiff's reasonable attorney's fees incurred in pursuing his claims here in pursuant to N.C. Gen. Stat. § 50-13.6. WHEREFORE, Plaintiff prays the Court as follows: That the foregoing verified Motion be allowed and taken as an affidavit upon which to base all orders of the Court; That Defendant’s visitation with the minor children be suspended; That the Defendant be ordered to undergo a psychological evaluation and follow recommended treatment; That Defendant be ordered to pay Plaintiff's attorney's fees; For such other and further relief as the Court deems just and proper. a Fe <3This the@S day of 200k Lik, thelr KELLY MILER Attomey for Plaintiff 1817 Lee Avenue Ste | Sanford, NC 27330 919-542-2233a CERTIFICATE OF SERVICEThereby certify that a copy of the MOTION TO SUSPEND VISITATION, PSYCHOLOGICALEVALUATION OF DEFENDANT AND ATTORNEY'S FEE AND NOTICE OF HEARING has beenserved on the opposing party in the following manner pursuant to Rule4. ~e LEE COUNTYKEVIN FOUSHEE -ATTORNEY FOR DEFENDANTS” FILEDPOST/FOUSHEE/PATTON, ATTORNEYS AT LAWP.O BOX 1320 FEB G8 w..SANFORD, NC 27330 ay AU cil ERK OF SUPERIOR COURT This the a day of OL? 2023 KAO. WAL KELLY MILLER Attorney for Plaintiff 1817 Lee Ave Ste 1 Sanford NC 27330 919-542-22337 VERIFICATIONBEATRIZ CIPRIANO DE JESUS, being duly sworn, verifies that she is the Plaintiff in theabove-entitled action, and that the statements contained in the foregoing conran are true to her ownknowledge, except as to matters and things stated upon information and belief, and as to those mattersand things she believes them to be true. BeglriZ ( pyignd d € mesus BEATRIZ CIPRIANO DE JESUSSubscribed and sworn before me,This ABday of Sot 2022 KELLY MILLER MCLAIN olina Notary Public, North Carbib be, Whiten We Parn Leo County My Commission Expires Notary Public March 30, 2027My Commission Expires: S/ae0}/7T LEE COUNTY ILEQ FEB O8 2... eA oggehCoutit PRIOR —sAt CVD 107eCourtsFind eCourts information, training, and resources. GO-LIVE date for pilot counties is February 13.Read more (/ecourts)[oismiss alert] 1, Home(/) 2. Request For Spoken Foreign Language Court InterpreterRequest for Spoken Foreign Language Court InterpreterThe Judicial Branch provides spoken foreign language court interpreters (/programs/office-of-language-access-services} at stateexpense for all Limited English Proficient (LEP) parties in interest in most court proceedings, child custody mediation, childplanning conferences, and out-of-court communications on behalf of public defenders, assigned/appointed counsel, districtattorneys and the GAL Program. Do You Need a Court Interpreter? (https://www,nccourts gov/progcams/office-of-language-access-services/do-yi -in'Note: Public Defenders, Assigned Counsel, District Attorney or GAL: For out-of-court communication with the LEP individual on adate other than the court date, submit this form only for Languages Other Than Spanish (LOTS) services. For out-of-courtSpanish language needs, contact a Spanish court interpreter directly from the Registry (/programs/office-of-language-access-services/registry-of-spoken-foreign-language-court-interpreters).Arequest for an interpreter must be submitted to the language access coordinator (LAC} in the county in which the case will beheard. When you select the county in the box below, this form automatically will be sent to the LAC for that county. Requests forinterpreters should be submitted at /east 10 business days prior to the scheduled court proceeding.Instructions 1. DO NOT fill out using Internet Explorer. Use another browser. 2. Enter the requested information in the fields below. 3. You will receive a confirmation email to acknowledge your successful submission of the form. If you do not receive a confirmation email within 24 hours, please contact the LAC for the county. 4. You may contact the LAC at [CountyNameLInterpreter@nccourts,org (mailto: Interpreter@nccourts.org). For example, to contact the Wake County LAC, send an email to Wake, Interpreter@nccourts,org (mailto;Wake.Interpreter@nccourts.org). For New Hanover county, send an email to NewHanover,Interpreter@nccourts.org {mailto:NewHanover Interpreter@nccourts.org).If you need to request ADA accommodations, such as an American Sign Language interpreter, please usethe request form under Disability Access (https://www,nccourts gov/form/disability-access-request). 2 3 Start Preview CompleteRequesterRequester Last Name COLERequester First Name AMYMiddle Initial MRequester Title Deputy ClerkPhone Number 9191786338Email \MY.F.COLE@NCCOURTS.ORGRequest DetailsLanguage (7) SpanishDate of Service@) 02/08/2023County LeeCourtroom Number 3Start Time@) 9:00 AMEstimated Duration of Court Proceeding 2-3 hoursEstimated Wait Time Until the Case is Called 1-2 hoursComments Regarding the Estimated Wait Time or Duration of the Court ProceedingPhysical Address of Courthouse or Location Where Interpreter is to Appear 1400 SOUTH HORNER BLVD SANFORD, NC 27330Are any parties, witnesses, attorneys, or other participants expected to attend the proceeding remotely? NoLEP PartyLast Name/Surname of LEP Person 1 DEJESUSFirst Name of LEP Person 1 BEATRIZMiddle Initial of LEP Person 1 CcLast Name/Surname of LEP Person 2 LEYVAFirst Name of LEP Person 2 TOMASMiddle initial of LEP Person 2 LLEP Party is (select all that apply)O DefendantoO RespondentoO PetitionerO Plaintit#O witnessOD victimO Respondent Parent(s)C2 Juvenile or Minor ChildD ParenvGuardian of JuvenilePlaintiff AttorneyLast Name of Prosecuting Attorney or Attorney for Petitioner/Plaintiff MILLERFirst Name of Prosecuting Attorney or Attorney for Petitioner/Plaintiff KELLYMiddle InitialPhone Number 9195422233Email @ kellymmclain@gmail.comDefendant AttorneyRetained or AppointedD RetainedD AppointedLast Name of Attorney for Defendant/Respondent FOUSHEEFirst Name of Attorney for Defendant/Respondent KEVINMiddle InitialPhone Number 9197755616Email (2) KEVIN@CENTRALCAROLINALAWYERS.COM.Case informationEnter at Least One Case File Number -- —- eee21CVD107Type of Case Other... DEF'S MOTION TO SHOW CAUSE FOR CONTEMPTCase Name DEJESUS,BEATRIZ,CIPRIANO V LEYVA, TOMAS,LOZANOType of Proceeding TrialJurisdiction District CourtInterpreter is Requested to Provide Services:In-CourtOo Court ProceedingOo Custody Mediation or OrientationD. child Planning conferenceOut-of-CourtDD District attorney© Public DefenderD Assigned CounselOo GAL ProgramAdditional Information BOTH PARTIES WILL NEED AN INTERPRETER, THANK YOU Preview Submit.NORTH CAROLINA IN THE GENERAL COURT OF JUSTICELEE COUNTY DISTRICT COURT DIVISION LEE COUNTY {LED 21CVD107 FEB 08 20BEATRIZ CIPRIANO DE JESUS, Plaintiff, ar_lt oe BY RKO PEK: iy OTICE OF HEARING WOR COURT v,TOMAS LOZANO LAYVA, Defendant.TO THE PARTIES AND THEIR ATTORNEYS OF RECORD:The following date certain has been assigned for hearing of this matter in the above captioned case:Nature of Hearing: Motion to suspend Defendant's visitation, Psychological evaluation of Defendant and attorney's feeDate of Hearing: Qctebert9; 2022 2/8/23Location: Lee County CourthouseTime: 9:00 a.m.Date: 2 B| 25 Relly Miller 7 WIth Attorney for Plaintiff 1817 Lee Avenue Ste #1 Sanford NC 27330 919-542-2233Cole, Amy F.From: North Carolina Judicial Branch Sent: Friday, January 20, 2023 11:24 AMTo: Cole, Amy F.Subject: Lee - Request received for Spanish Interpreter [ 02/08/2023 ] REQUEST RECEIVED Thank you for requesting a Spoken Foreign Language Court Interpreter. The details of your request are included at the bottom of this email. You will be contacted if further information is needed. If your request is for Spanish language services, the local Language Access Coordinator (LAC) will schedule the appropriate Spanish court interpreter coverage. You may contact the LAC at [CountyName].Interpreter@nccourts.org. For example, to contact the Wake County LAC, send an email to Wake.Interpreter@nccourts.org. For New Hanover County, send an email to NewHanover.|Interpreter@nccourts.org. If your request was for services in a language other than Spanish (LOTS), OLAS will schedule and assign the appropriate court interpreter. Once a LOTS interpreter is assigned, OLAS will send an email to all persons listed on the request, as well as the LAC. The email will contain a confirmation sheet listing the assigned court interpreter's name and contact information. FOR COURT PROCEEDINGS FOR ALL LANGUAGES: For the initial court date and all subsequent court dates, the interpreter must be scheduled via the submission of a Request for Spoken Foreign Language Court Interpreter. A new Request for Spoken Foreign Language Court Interpreter must be submitted for each court date. NOTE: AOC has a 24 hour cancellation policy with its court interpreters. If services will NOT be needed as requested, please notify the LAC and the assigned interpreter immediately to avoid unnecessary cancellation charges. TO OBTAIN OUT OF COURT INTERPRETING SERVICES FOR SPANISH: Public Defender or Assigned Counsel: An NCAOC Spanish language court interpreter may be contacted directly to schedule interpreting services for out-of-court counsel — client communications on dates other than the requested court date. All NCAOC Spanish languagecourt interpreters can be found on the Registry of Spoken Foreign Language Court Interpreters. District Attorney: An NCAOC Spanish language court interpreter may be contacted directly to schedule interpreting services for out-of- court DA - victim / witness communications on dates other than the requested court date. All NCAOC Spanish language court interpreters can be found on the Registry of Spoken Foreign Language Court Interpreters. Guardian Ad Litem Program: An NCAOC Spanish language court interpreter may be contacted directly to schedule interpreting services for out-of-court GAL-client communications on dates other than the requested court date. All NCAOC Spanish language court interpreters can be found on the Registry of Spoken Foreign Language Court Interpreters. Privately-retained Counsel: NCAOC court interpreters are provided at state expense ONLY for the interpreting services necessary during the court proceeding. The NCAOC court interpreter is prohibited from providing interpreting services outside of the actual court proceeding at state expense. The court interpreter must be privately hired if the interpreter's services are needed to facilitate counsel — client communication outside of the actual court proceeding. With the exception of the NCAOC Staff Court Interpreters, all NCAOC Spanish language court interpreters are independent contractors available for private hire and can be found on the Registry of Spoken Foreign Language Court Interpreters.TO OBTAIN OUT OF COURT INTERPRETING SERVICES FOR LOTS: Public Defender or Assigned Counsel: Upon receipt of confirmation that an interpreter has been assigned by OLAS, the interpreter may be contacted directly to schedule interpreting services far out-of-court counsel - client communications on dates other than the requested court date. District Attorney: Upon receipt of confirmation that an interpreter has been assi 

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