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a STATE OF SOUTH CAROLINA ) IN THE FAMILY COURT
|
) SIXTEENTH JUDICIAL CIRCUIT
COUNTY OF YORK
Danette Ruiz FiLED-RECEIVE JUDGMENT IN A
Tansee MATING FAMILY COURT CASE :
Michael Ruiz
vs.
aT
S023 CY
Docket No. 2 023-DR-46-1344
409.3010
Submitted by: = ORI COUNTY: 86
Attorney for [X) Plaintiff CDefendant
Colin C.C. Okoye, OKOYE LAW, LLC P.O. BOX 11783, RHSC 29731
(803) 675.7552 colin@okoyelaw.com CL Self-Represented Litigent OGAL
t
DECISION BY COURT (check all that apply)
RX] This action came to trial, hearing or was resolved by consent and an order was rendered,
(7 This action has been dismissed pursuantto [[] Rule 12(b), SCRCP [[] Rule 41(a), S RCP
C1 Rule 43(k), SCRCP L] Family Court] (Benchmark
C7 other: {
ed
i Pe
ITIs ORDERED AND ADJUDGED: [X] See attached order; Ci Statement of Judgmi ent by:the Sut 1
m
C1 Additional information for Clerk:
~
ORDER INFORMATION =i
OSA oe Qo
This is aX] Temporary [] Final order. If Final, does this order end the case? [] Yes O-z,
Support [_] is not ordered [X] is ordered, and it is to be paid []through the court. eth tr
dire at forthe OPS
Case number under which support is paid if different from this one: ___
This order involves the immediate] issuance (dismissal of a. bench warrant, or [X] does!not apply.
CJ The following motions are ended by this order (include motion filing date):
[J] This order adds or dismisses the following parties to this case:
1
(dismiss [Jadd: C dismiss [_Jadd:
INFORMATION FOR THE JUDGMENT INDEX/TRANSCRIPT OF JUDGMENT g 70 3-670(B)(1))
Complete this section below when the judgment affects title to real or personal property or if. any amount should be
enrolled. If there is no judgment information to enroll, indicate “N/A” in one of the boxes below.
Judgment In Favor of Judgment Against Judgment Amount to be Enrolled
(List name(s) below) (List name(s) below) (List amount(s) below)
If applicable, describe the property, including tax map information and address, referenced in the order:
|
The judgment information above has been provided by the submitting party. Disputes concerning the amount contained in this
form may be addressed by. way of motion pursuant to the South Carolina Rules of Civil Procedure. Amounts td be computed
such as interest or additional taxable costs not available at the time the form and final order are submitted to the judge may be
provided to the clerk, Note: title abstractors and researchers should refer to the official court order for judgment details.
SMirdt_. Fico Sot (5, Zoe2
idge Judge Code Date
SCRCP Form 4F (12/2011)
FOR CLERK OF COURT OFFICE USE ONLY
This judgment was entered on the al is| a a copy mailed first class or placed in the appropriate attorney’s box
on to attorneys of record or to parties (when appearing pro se) as follows:
Colin C.C. Okoye Nathan Schmitt
Okoye Law, LLC Li aw Office of April D. Porter, P Cc
ATTORNEY(S) FOR ‘THE PLAINTIFF(S) ATTORNI FoR ED) NTF
CLERK OF COURT
Court Reporter:
Custodial Parent (if applicable):
SCRCP Form 4F (12/2011)
FSS SI SISO SS Roo ie biog ca iii ack kak
FORM 4F INSTRUCTIONS - JUDGMENT IN A FAMILY COURT CASE
(Instructions for Information Only — Not to be filed with Form 4F)
Form 4F -- Judgment in a Family Court Case has been modified to add order information
and enrollment instructions for the Clerk of Court. The purpose of Form 4 has not
changed with the exception that judgment information is provided when applicable.
Please note that Form 4F must be attached to all orders that include information to enroll
in the judgment index. The clerk will not be responsible for reading the order to
determine the enrollment information.
The attorney or prevailing party will prepare and attach Form 4F when submitting an
order that includes enrollment information for the judgment index. The judge will review
and sign Form 4F when he or she signs an order that includes enrollment information for
the judgment index.
Form 4F is not required to be submitted to the court with orders that do not include
information to enroll in the judgment index. If the clerk receives such an order without a
Form 4F attached, the clerk should enter and process the order pursuant to Rule 58 and
Rule 77(d), SC Rules of Civil Procedure. (i.e. the clerk should serve notice of entry of the
judgment by mail or provide the attorneys with copies of the signed order by other
means.)
The “Information for the Judgment Index/Transcript of Judgment” section should be
completed when the judgment affects title to real or personal property or if any amount
should be enrolled. Items traditionally awarded in family court cases such as the
payment of attorney’s fees, Guardian ad Litem fees or court costs should not be entered
in this section unless the judge orders those amounts be reduced to judgment. In the
“Judgment in Favor of” column, enter the name of the party to whom the judgment is
awarded. In the “Judgment Against” column, enter the name of the person to whom the
judgment is against. The judgment amount to be enrolled should be noted in the
“Judgment Amount” column. As necessary, describe any property referenced in the
order if it is to be enrolled in the judgment index.
The "Order Information" section of Form 4F may be used by the submitting party to
indicate information about the order that requires-special processing.
If Form 4F is submitted by an attorney or self-represented litigant with an order and there
is no judgment information to enroll, indicate “N/A” in one of the bo: Kes in this section of
the form,
To enter information to accommodate multiple parties, additional Form 4Fs may be used
as necessary. Additional space may be inserted on the form as necessary.
Unless otherwise instructed by the judge, attorneys for DSS, DJJ or the solicitor's office
are not required to attach Form 4F to orders submitted to the court, unless the order
contains information to be enrolled to the judgment index.
SCRCP Form 4F (12/2011)
STATE OF SOUTH CAROIBHYA ED- RECEIVED IN THE FAMILY COURT
SIXTEENTH JUDICIAL CIRCUIT
COUNTY OF YORK ‘la SEP BP CASE NO.: 2023-DR-46-1344
DANETTE RUIZ,
FAMILY EGURT > -
YORK COUNTY, SC
Plaintiff,
vs. ~ mH
TEMPORARY CONSENT ORDER
~
MICHAEL RUIZ,
‘Defendant.
DATE OF HEARING: September 13, 2023
PRESIDING JUDGE: Honorable Timothy E. Madden
PLAINTIFF ATTORNEY: Colin C.C. Okoye
DEFENDANT ATTORNEY: Nathan Schmitt
COURT REPORTER: Ebony Love-Taylor
This action was initiated by Plaintiff's filing of a Notice of Motion and Motion
for Temporary Relief and a Summons and Complaint which was filed on July 20, 2023,
requesting a divorce on the ‘grounds of adultery, or in the alternative a Decree of
Separate. Maintenance, custody, child support, exclusive use and possession of the
marital home and its contents, reasonable spousal support, restraining orders,
attorney's fees and costs and other ancillary relief.
The hearing tn this matter was scheduled to be heard before the undersigned
on September 13, 2023, at 11:00 a.m. Prior to the commencement of the hearing, the
parties, through their respective counsel, advised the Court they had reached an
agreement resolving all the temporary issues before the Court except the financial
issues
and they requested the Court approve their agreement and merge it into this Consent
Temporary Consent Order
Mee
Ruiz v. Ruiz, Case No.: 2023-DR-46-1344
Pendente Lite Order.
FINDINGS OF FACT
Based on the pleadings of the parties, | make the following findings of fact:
1. Plaintiff and Defendant are citizens and residents of York County,
South Carolina, and have been for more than one (1) year prior to the
commencement of this action.
2 The parties were lawfully married to each other on December 12,
2014, and are now, and have ever since been, husband and wife. There are two
children born of this marriage, to wit: NRAenc i
3 The parties separated on August 15, 2023, and have lived separately
and apart since that time.
4 The parties, through counsel, have negotiated a temporary
agreement as set forth here below and both parties desire this Court to approve
their temporary agreement and make it an Order of this Court.
5. “The pleadings in this matter have been properly filed and served,
6. The Court was notified that the parties had negotiated an Agreement,
freely, voluntarily, and intelligently, having done so free from ‘all duress, threats,
coercion, or overreaching.
7 ! find that this Court has jurisdiction over the parties hereto and
the subject matter.
he
Temporary Consent Order
Ruiz y. Ruiz, Case No.: 2023-DR-46-1344
TEMPORARY AGREEMENT
The Temporary Agreement is as follows:
8 _ The parties shall live separate and apart and Plaintiff shall have the
temporary exclusive use and possession of the marital tesidence and its contents,
and be responsible for the mortgage and utilities, pending further order of the Court
or until the trial on the merits of this case.
9 Plaintiff shall have primary physical custody of the parties’ two (2)
minor children.
10, Defendant shall be entitled to standard visitation with the following
schedule beginning Thursday, September 21, 2023:
a Every other weekend beginning Thursday after school, Defendant
is to pick up the oldest at the marital home and the youngest at daycare
and ending on Sunday at 6:00 p.m. drop off at the marital residence; and
b Defendant shall have Thursday overnight of a non-visitation
weekend picking up the oldest son after school, at the marital home, and
the youngest at daycare until the following day. Defendant is to then take
the children to school and daycare.
1. Defendant shall pay child support in the amount of $808.00 directly to
Plaintiff on the 15‘ of each month beginning September 15, 2023. Should Defendant
become more than five (5) days late, Plaintiff may file an affidavit with the Clerk of Court
for all future child support payments to be made through the Child Support State
Disbursement Unit (SDU), plus a 5% collection fee.
12. The parties are mutually restrained from threatening, harassing, or
Temporary Consent Order
he.
Ri uiz v. Ruiz, Case No,: 2023-DR-46-1344
bothering the other in any way or manner whatsoever.
13. The parties aré mutually restrained from selling, converting, disposing, or
encumbering any marital assets and from incurring any additional marital debt without
prior written consent from the other party.
14. The Defendant is restrained from exposing the minor children to the
Paramour or any other adult party of the opposite sex to whom the parties are not related
by blood or marriage.
15. Defendant shall keep a complete and accurate accounting of the marital
business, MR Decks, LLC.
16. The parties are to mediate this matter within sixty (60) days of this Order
and'shall mutually agree upon a mediator.
17. All other issues, including attorney's fees and reimbursement of private
investigator fees, are to be held in abeyance pending further order of the Court.
AND IT ISSO ORDERED.
TV moby, & Wedstr
TIMOTHY E/MADDEN
PRESIDING FAMILY COURT JUDGE
SIXTEENTH JUDICIAL CIRCUIT
September [5 ros
Rock Hill, South Carolina
Temporary Consent Order
Rui iz v. Ruiz, Case No.: 2023-DR-46-1344
a
wet
WE CONSENT:
Co Bea~ Ze
COLIN C.C. OKOYE NATHAN SCHMITT
Attorney for Plaintiff Attorney for Defendant
ty am ee as
Temporary Consent Order
Ruiz v. Ruiz, Case No.: 2023-DR-46-1344
Preview
> a STATE OF SOUTH CAROLINA ) IN THE FAMILY COURT | ) SIXTEENTH JUDICIAL CIRCUIT COUNTY OF YORK Danette Ruiz FiLED-RECEIVE JUDGMENT IN A Tansee MATING FAMILY COURT CASE : Michael Ruiz vs. aT S023 CY Docket No. 2 023-DR-46-1344 409.3010 Submitted by: = ORI COUNTY: 86 Attorney for [X) Plaintiff CDefendant Colin C.C. Okoye, OKOYE LAW, LLC P.O. BOX 11783, RHSC 29731 (803) 675.7552 colin@okoyelaw.com CL Self-Represented Litigent OGAL t DECISION BY COURT (check all that apply) RX] This action came to trial, hearing or was resolved by consent and an order was rendered, (7 This action has been dismissed pursuantto [[] Rule 12(b), SCRCP [[] Rule 41(a), S RCP C1 Rule 43(k), SCRCP L] Family Court] (Benchmark C7 other: { ed i Pe ITIs ORDERED AND ADJUDGED: [X] See attached order; Ci Statement of Judgmi ent by:the Sut 1 m C1 Additional information for Clerk: ~ ORDER INFORMATION =i OSA oe Qo This is aX] Temporary [] Final order. If Final, does this order end the case? [] Yes O-z, Support [_] is not ordered [X] is ordered, and it is to be paid []through the court. eth tr dire at forthe OPS Case number under which support is paid if different from this one: ___ This order involves the immediate] issuance (dismissal of a. bench warrant, or [X] does!not apply. CJ The following motions are ended by this order (include motion filing date): [J] This order adds or dismisses the following parties to this case: 1 (dismiss [Jadd: C dismiss [_Jadd: INFORMATION FOR THE JUDGMENT INDEX/TRANSCRIPT OF JUDGMENT g 70 3-670(B)(1)) Complete this section below when the judgment affects title to real or personal property or if. any amount should be enrolled. If there is no judgment information to enroll, indicate “N/A” in one of the boxes below. Judgment In Favor of Judgment Against Judgment Amount to be Enrolled (List name(s) below) (List name(s) below) (List amount(s) below) If applicable, describe the property, including tax map information and address, referenced in the order: | The judgment information above has been provided by the submitting party. Disputes concerning the amount contained in this form may be addressed by. way of motion pursuant to the South Carolina Rules of Civil Procedure. Amounts td be computed such as interest or additional taxable costs not available at the time the form and final order are submitted to the judge may be provided to the clerk, Note: title abstractors and researchers should refer to the official court order for judgment details. SMirdt_. Fico Sot (5, Zoe2 idge Judge Code Date SCRCP Form 4F (12/2011) FOR CLERK OF COURT OFFICE USE ONLY This judgment was entered on the al is| a a copy mailed first class or placed in the appropriate attorney’s box on to attorneys of record or to parties (when appearing pro se) as follows: Colin C.C. Okoye Nathan Schmitt Okoye Law, LLC Li aw Office of April D. Porter, P Cc ATTORNEY(S) FOR ‘THE PLAINTIFF(S) ATTORNI FoR ED) NTF CLERK OF COURT Court Reporter: Custodial Parent (if applicable): SCRCP Form 4F (12/2011) FSS SI SISO SS Roo ie biog ca iii ack kak FORM 4F INSTRUCTIONS - JUDGMENT IN A FAMILY COURT CASE (Instructions for Information Only — Not to be filed with Form 4F) Form 4F -- Judgment in a Family Court Case has been modified to add order information and enrollment instructions for the Clerk of Court. The purpose of Form 4 has not changed with the exception that judgment information is provided when applicable. Please note that Form 4F must be attached to all orders that include information to enroll in the judgment index. The clerk will not be responsible for reading the order to determine the enrollment information. The attorney or prevailing party will prepare and attach Form 4F when submitting an order that includes enrollment information for the judgment index. The judge will review and sign Form 4F when he or she signs an order that includes enrollment information for the judgment index. Form 4F is not required to be submitted to the court with orders that do not include information to enroll in the judgment index. If the clerk receives such an order without a Form 4F attached, the clerk should enter and process the order pursuant to Rule 58 and Rule 77(d), SC Rules of Civil Procedure. (i.e. the clerk should serve notice of entry of the judgment by mail or provide the attorneys with copies of the signed order by other means.) The “Information for the Judgment Index/Transcript of Judgment” section should be completed when the judgment affects title to real or personal property or if any amount should be enrolled. Items traditionally awarded in family court cases such as the payment of attorney’s fees, Guardian ad Litem fees or court costs should not be entered in this section unless the judge orders those amounts be reduced to judgment. In the “Judgment in Favor of” column, enter the name of the party to whom the judgment is awarded. In the “Judgment Against” column, enter the name of the person to whom the judgment is against. The judgment amount to be enrolled should be noted in the “Judgment Amount” column. As necessary, describe any property referenced in the order if it is to be enrolled in the judgment index. The "Order Information" section of Form 4F may be used by the submitting party to indicate information about the order that requires-special processing. If Form 4F is submitted by an attorney or self-represented litigant with an order and there is no judgment information to enroll, indicate “N/A” in one of the bo: Kes in this section of the form, To enter information to accommodate multiple parties, additional Form 4Fs may be used as necessary. Additional space may be inserted on the form as necessary. Unless otherwise instructed by the judge, attorneys for DSS, DJJ or the solicitor's office are not required to attach Form 4F to orders submitted to the court, unless the order contains information to be enrolled to the judgment index. SCRCP Form 4F (12/2011) STATE OF SOUTH CAROIBHYA ED- RECEIVED IN THE FAMILY COURT SIXTEENTH JUDICIAL CIRCUIT COUNTY OF YORK ‘la SEP BP CASE NO.: 2023-DR-46-1344 DANETTE RUIZ, FAMILY EGURT > - YORK COUNTY, SC Plaintiff, vs. ~ mH TEMPORARY CONSENT ORDER ~ MICHAEL RUIZ, ‘Defendant. DATE OF HEARING: September 13, 2023 PRESIDING JUDGE: Honorable Timothy E. Madden PLAINTIFF ATTORNEY: Colin C.C. Okoye DEFENDANT ATTORNEY: Nathan Schmitt COURT REPORTER: Ebony Love-Taylor This action was initiated by Plaintiff's filing of a Notice of Motion and Motion for Temporary Relief and a Summons and Complaint which was filed on July 20, 2023, requesting a divorce on the ‘grounds of adultery, or in the alternative a Decree of Separate. Maintenance, custody, child support, exclusive use and possession of the marital home and its contents, reasonable spousal support, restraining orders, attorney's fees and costs and other ancillary relief. The hearing tn this matter was scheduled to be heard before the undersigned on September 13, 2023, at 11:00 a.m. Prior to the commencement of the hearing, the parties, through their respective counsel, advised the Court they had reached an agreement resolving all the temporary issues before the Court except the financial issues and they requested the Court approve their agreement and merge it into this Consent Temporary Consent Order Mee Ruiz v. Ruiz, Case No.: 2023-DR-46-1344 Pendente Lite Order. FINDINGS OF FACT Based on the pleadings of the parties, | make the following findings of fact: 1. Plaintiff and Defendant are citizens and residents of York County, South Carolina, and have been for more than one (1) year prior to the commencement of this action. 2 The parties were lawfully married to each other on December 12, 2014, and are now, and have ever since been, husband and wife. There are two children born of this marriage, to wit: NRAenc i 3 The parties separated on August 15, 2023, and have lived separately and apart since that time. 4 The parties, through counsel, have negotiated a temporary agreement as set forth here below and both parties desire this Court to approve their temporary agreement and make it an Order of this Court. 5. “The pleadings in this matter have been properly filed and served, 6. The Court was notified that the parties had negotiated an Agreement, freely, voluntarily, and intelligently, having done so free from ‘all duress, threats, coercion, or overreaching. 7 ! find that this Court has jurisdiction over the parties hereto and the subject matter. he Temporary Consent Order Ruiz y. Ruiz, Case No.: 2023-DR-46-1344 TEMPORARY AGREEMENT The Temporary Agreement is as follows: 8 _ The parties shall live separate and apart and Plaintiff shall have the temporary exclusive use and possession of the marital tesidence and its contents, and be responsible for the mortgage and utilities, pending further order of the Court or until the trial on the merits of this case. 9 Plaintiff shall have primary physical custody of the parties’ two (2) minor children. 10, Defendant shall be entitled to standard visitation with the following schedule beginning Thursday, September 21, 2023: a Every other weekend beginning Thursday after school, Defendant is to pick up the oldest at the marital home and the youngest at daycare and ending on Sunday at 6:00 p.m. drop off at the marital residence; and b Defendant shall have Thursday overnight of a non-visitation weekend picking up the oldest son after school, at the marital home, and the youngest at daycare until the following day. Defendant is to then take the children to school and daycare. 1. Defendant shall pay child support in the amount of $808.00 directly to Plaintiff on the 15‘ of each month beginning September 15, 2023. Should Defendant become more than five (5) days late, Plaintiff may file an affidavit with the Clerk of Court for all future child support payments to be made through the Child Support State Disbursement Unit (SDU), plus a 5% collection fee. 12. The parties are mutually restrained from threatening, harassing, or Temporary Consent Order he. Ri uiz v. Ruiz, Case No,: 2023-DR-46-1344 bothering the other in any way or manner whatsoever. 13. The parties aré mutually restrained from selling, converting, disposing, or encumbering any marital assets and from incurring any additional marital debt without prior written consent from the other party. 14. The Defendant is restrained from exposing the minor children to the Paramour or any other adult party of the opposite sex to whom the parties are not related by blood or marriage. 15. Defendant shall keep a complete and accurate accounting of the marital business, MR Decks, LLC. 16. The parties are to mediate this matter within sixty (60) days of this Order and'shall mutually agree upon a mediator. 17. All other issues, including attorney's fees and reimbursement of private investigator fees, are to be held in abeyance pending further order of the Court. AND IT ISSO ORDERED. TV moby, & Wedstr TIMOTHY E/MADDEN PRESIDING FAMILY COURT JUDGE SIXTEENTH JUDICIAL CIRCUIT September [5 ros Rock Hill, South Carolina Temporary Consent Order Rui iz v. Ruiz, Case No.: 2023-DR-46-1344 a wet WE CONSENT: Co Bea~ Ze COLIN C.C. OKOYE NATHAN SCHMITT Attorney for Plaintiff Attorney for Defendant ty am ee as Temporary Consent Order Ruiz v. Ruiz, Case No.: 2023-DR-46-1344