MOTION FOR INTERIM DISTRIBUTION OF BUSINESS PROPERTY

1.                  The Jurisdictional Allegations and First Claim for Relief are realleged and incorporated as if fully set forth herein.
 
2.                  Plaintiff is a claimant bringing this action and motion in good faith.
 
3.                  Plaintiff, during the marriage, operated an electronics and software business from the marital residence primarily through the use of computer equipment and software located at the marital residence.
 
4.                  Plaintiff departed the martial residence on or about <MONTH DAY, YEAR>, partly due to fear for his own safety. Defendant has been committed multiple times and is capable of unstable behavior.
 
5.                  Plaintiff returned to the marital residence on or about <MONTH DAY, YEAR>, with his sister in an attempt to retrieve business computer equipment and software located in the marital residence.
 
6.                  Upon inspection of such equipment, Plaintiff discovered that all the hard drives had been removed from the computers, rendering them useless. Plaintiff had only made a back-up copy of one hard drive.
 
7.                  The information contained on these hard drives are sensitive and vital to the operation of Plaintiff's business.
 
8.                  Plaintiff is currently the only wage earner in the family and his income is required to pay the mortgage and utilities on the marital residence and the parties' other property. 
 
9.                  Plaintiff utilized an "800" number to conduct his business efforts from the marital residence. Plaintiff is in need of an order allowing him to transfer such "800" number from the marital residence to his current residence to continue conducting business.
 
10.              Plaintiff utilized a high-speed DSL connection at the marital residence to conduct his business. The connection is in both parties' names and Plaintiff will continue to receive e-mail at the specified address. Plaintiff is in need of an order enjoining Earthlink and Defendant from changing the password on this account until such time as Plaintiff can establish a new account. 
 
11.              Plaintiff is in need of immediate relief and interim distribution in the form of Defendant returning any and all hard drives, computer equipment, and software necessary to run Plaintiff's business, such equipment and software as listed on Exhibit A, attached herein and incorporated by reference.
 
12.              Plaintiff is in need of an order allowing him to enter the marital residence with law enforcement present to protect his own safety and insure that any equipment retrieved has not been damaged or destroyed due to Defendant's actions.
 
13.              Plaintiff has left his clothing and basic necessities at the marital residence. Plaintiff is in need of an order allowing him to enter the marital residence to retrieve these items.
 
14.              Pursuant to North Carolina General Statutes §50-20(i) and (i1), Plaintiff is entitled to an order preventing the disappearance, waste or conversion of marital property and an order providing for an interim distribution of marital property.
 
MOTION FOR TEMPORARY RESTRAINING ORDER
 
1.      The Jurisdictional Allegations and First Claim for Relief are realleged and incorporated as if fully set forth herein.
 
2.      Plaintiff is a claimant bringing this action and motion in good faith.
 
3.      Defendant has in her possession and in her sole and individual name a checking account with <BANK NAME>, Account #XXXX-XXXXXX with an approximate balance of <BALANCE> at the beginning of <MONTH DAY, YEAR>.
 
4.      Defendant also has in her possession and in her sole and individual name a <ACCOUNT TYPE> account with <BANK NAME>, Account #XXXXXXXX, with an approximate balance of <BALANCE>.
 
5.      Plaintiff is in need of immediate relief in the form of a temporary restraining order preventing the waste, disappearance, or conversion of these funds until such time as an equitable distribution can be had.